DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were filed on 22 September 2025. Most submissions are in compliance with the provisions of 37 CFR 1.97, and therefore are considered by the examiner.
The “Search Report for Corresponding TW APPLN. 113141312 issued on July 4 2025” is not considered due to the lack of English translation for the document. Examiner notes that the two US Patents entries come from this search report, but no substance of the document aside from those references is attainable without the English translation.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first image capturing device disposed on a first surface of a substrate” and “a second light source…disposed on the first surface of the substrate” of claim 1 and the “third image capturing device…disposed on the first surface of the substrate”. must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings show the first image capturing device and the second light source facing the first surface of the substrate, but not disposed on said surface. Being “disposed on” insinuates a physical connection between the two interfaces, and there is no indication in the specification of a unique definition of “disposed on” for the capturing device and light source encompassing “facing” a surface of the substrate.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Regarding claim 1, the claim recites the limitation “first image capturing device” and “second image capturing device” which use the generic placeholder “device” that are coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
The limitations first and second “image capturing devices” are interpreted under 35 U.S.C. 112(f) as corresponding to “color camera, black-white camera, color depth of field camera, or black-white depth of field camera” (applicant’s specification [0030] and dependent claim 9), and any equivalents thereof.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites the limitation “a second image capturing device, disposed under a first surface of a substrate”. There is insufficient antecedent basis for this limitation in the claim – the claim has already defined “a first image capturing device disposed on a first surface of a substrate”. It is unclear whether the second image capturing device is intended to be disposed relative to the same first surface of the substrate, or an additional first surface of a first substrate. Examiner will interpret the limitation such that any first surface of any substrate will read on the limitation.
The claim recites the limitation “second image capturing device… orthogonally facing the second surface of the substrate”. There is insufficient antecedent basis for the underlined limitation in the claim. No second surface of any substrate has been disclosed. Examiner will interpret the limitation such that any surface of the substrate will read on the limitation.
Claims 2-13 are rejected due to their dependence on the deficiencies of claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 7-14 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0260502 A1 by Michel Hurni et al. (herein after “Hurni”).
Regarding claim 1, Hurni discloses a substrate modification region measurement apparatus (Hurni [0028] discloses optical inspection of containers for defects, scratches, non-melted areas, where “non-melted area” on a substrate is equivalent to a substrate modification region), comprising:
a first image capturing device, disposed on a first surface of a substrate and orthogonally facing the first surface of the substrate, configured to shoot the substrate to obtain a first image (Hurni [0053] and fig. 4 disclose a top down view of the measurement apparatus 100, in which a container 10 (see at least fig. 2) is shown; four inspection units 40a-d are shown surrounding the container 10, each having a camera unit 20a-d and an illumination unit 34a-d, and filter elements 36a-d; camera unit 20a configured as a first image capturing device, and faces an outside surface of the container 10 orthogonally [disposed “on a first surface” under BRI of the limitation, orthogonally facing the first surface]; the container 10 is on a conveyer belt 31 which transports the container along the length of the inspection device 100 – the “first surface” of the container is considered the top “hemisphere” of the container bounded by the axis of the transport direction 32, see annotated fig. 4 below; [0055] discloses camera units 20a-d obtains images of the substrate [first image capturing device shoots the substrate to obtain a first image]);
a second image capturing device, disposed under a first surface of a substrate and orthogonally facing the second surface of the substrate, configured to shoot the substrate to obtain a second image, wherein the first surface of the substrate is opposite to the second surface of the substrate (see rejection under 35 U.S.C. 112(b) above; Hurni [0053] and fig. 4; camera unit 20c configured as second image capturing device, disposed “under the first surface of the substrate” [i.e. behind the first surface, and on the opposing side of the first substrate]; the second surface is the opposite side of the container 10 split along the transport direction 32; the second image capturing device orthogonally faces the second surface; the first surface and second surface are opposite to one another; [0055] discloses camera units 20a-d obtains images of the substrate [second image capturing device shoots the substrate to obtain a second image]; examiner also notes that [0050] the interior walls of the container are inspected as well, such that the second surface may equivalently be considered as the interior of the container, the opposing side of the glass from the first surface);
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a microcontroller unit, signally connected to the first image capturing device and the second image capturing device, configured to obtain modification region measuring information of at least one modification region according to the first image and the second image (Hurni [0016] discloses that camera units which obtain images are processed/dynamically combined by a processing unit or processor; [0025] also discloses the activation of inspection units [which comprise both an illumination unit and camera unit] via a suitable control means [processing unit/processor/control means read as a microcontroller unit]; [0028]-[0030] discloses optical inspection of containers for defects, scratches, non-melted areas – at least a non-melted area reads as modification region measuring information of a modification region, as “non-melted area” is indicative of a modification being performed in some region);
a first light source, signally connected to the microcontroller unit, disposed under the second surface of the substrate and orthogonally facing the second surface of the substrate, configured to provide a first light beam which illuminates the substrate and propagates towards the first image capturing device (Hurni [0053] and fig. 4, as has been mentioned above, disclose illumination units 34a-d; first light source configured as 34c (unlabeled but clear as being paired with camera unit 20c), which orthogonally faces the second surface of the substrate; [0056] discloses the illumination units 34a-d illuminate the entire inspection volume 24, where the illumination unit 34c inherently illuminates the substrates and propagates toward the camera unit 20a configured as the first image capturing device; [0025] as indicated above, inspection units 40a-d, including illumination units 34a-d, are activated by control means [signally connected to microcontroller]); and
a second light source, signally connected to the microcontroller unit, disposed on the first surface of the substrate and orthogonally facing the first surface of the substrate, configured to provide a second light beam which illuminates the substrate and propagates toward the second image capturing device (Hurni [0053] and fig. 4 discloses illumination unites 34a-d, second light source configured as 34a (again unlabeled but clear as being paired with camera unit 20a) which orthogonally faces the first surface of the substrate; as above, [0056] discloses the illumination units 34a-d illuminate the entire inspection volume 24, where the illumination unit 34a inherently illuminates the substrates and propagates toward the camera unit 20c configured as the second image capturing device [illuminates substrate and propagates toward second image capture device]; [0025] illumination units 34a-d activated by control means [signally connected to microcontroller]).
Regarding claim 2, Hurni discloses the substrate modification region measurement apparatus of claim 1, and teaches the apparatus further comprising:
a third image capturing device, signally connected to the microcontroller unit, disposed on the first surface of the substrate and at a side of the first image capturing device, and obliquely facing the first surface of the substrate (Hurni [0053] and fig. 4 discloses camera unit 20b; third image capturing device configured as camera unit 20b, which appears to the side of 20a [third image capturing device at a side of the first image capturing device] and obliquely facing the section of the container 10 which the first image capturing device faces [obliquely facing the first surface of the substrate]), or alternatively, disposed under the second surface of the substrate and at a side of the second image capturing device, and obliquely facing the second surface of the substrate (this limitation not considered due to the “or alternatively” statement]);
a third light source, signally connected to the microcontroller unit, disposed under the second surface of the substrate or on the first surface of the substrate and obliquely facing the second surface of the substrate or the first surface of the substrate (Hurni [0053] discloses illumination unit 34d, [0025] signally connected to microcontroller]; third light source configured as illumination unit 34d (unlabeled in fig. 4 but clear as being within inspection unit 40d); illumination unit 34d obliquely illuminates both the first surface and second surface of the substrate; annotated fig. 4 above demonstrates that the third light source 34d is “under the second surface of the substrate”, adjacent to the illumination unit 34c, also “under the second surface of the substrate”), configured to provide a third light beam which illuminates the substrate and propagates toward the third image capturing device (Hurni [0056] discloses the illumination units 34a-d illuminate the entire inspection volume 24, where the illumination unit 34d inherently illuminates the substrates and propagates toward the camera unit 20b configured as the third image capturing device), wherein the third image capturing device is configured to shoot the substrate to obtain a third image (Hurni [0055] discloses camera units 20a-d obtains images of the substrate [third image capturing device shoots the substrate to obtain a third image]).
Regarding claim 3, Hurni discloses the substrate modification region measurement apparatus of claim 2, and further teaches the apparatus wherein the modification region measuring information of the modification region comprises a first position of the modification region at the first surface of the substrate, a second position of the modification region at the second surface of the substrate and a modification information of the modification region, wherein the modification information of the modification region indicates whether the modification region has been modified successfully and/or has a defect (the claim is drawn to the structure of a measurement apparatus but recites results from operating the device; the measuring information of the modification region comprising positional data and modification status of the substrate are characteristics of the “material or article worked upon”, which does not serve to limit the apparatus claim as it does not structurally distinguish between the prior art – see MPEP §2115; further, since Hurni discloses the same structure as claimed and is directed towards the positional identification of defects within a container, it is reasonable to conclude that the device of Hurni can be operated in a manner to produce the claimed result).
Regarding claim 4, Hurni discloses the substrate modification region measurement apparatus of claim 3, and further teaches the apparatus wherein the microcontroller unit obtains the first position of the modification region at the first surface of the substrate according to the first image, the microcontroller unit obtains the second position of the modification region at the second surface of the substrate according to the second image, and the microcontroller unit obtains the modification information of the modification region according to the third image, the first position of the modification region at the first surface of the substrate and the second position of the modification region at the second surface of the substrate (the claim is drawn to the structure of a measurement apparatus but recites a function of the device, i.e. recites what the device does rather than what the device is; the functions of the microcontroller unit in obtaining the corresponding data from claim 3 above (first position, second position, and status of the modification region) are functional limitations which are inherently characteristics of the control unit/processor of Hurni, especially in light of [0031] which discloses image information provided regarding position, size, and type of defect found within the container of Hurni; since Hurni inherently possesses the functionality of the apparatus (see In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432) and teaches all the structural limitations of the claim (Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987), the claim does not differentiate over Hurni).
Regarding claim 7, Hurni discloses the substrate modification region measurement apparatus of claim 1, and further teaches the apparatus, wherein a first wavelength range of the first light beam is different from or equal to a second wavelength range of the second light beam, and the second wavelength range of the second light beam is different from or equal to a third wavelength range of the third light beam (Hurni [0056] discloses that each illumination unit 34 [i.e. each illumination unit 34a-34d, including the first light beam, second light beam, and third light beam] may be a conventional visible light source, infrared light source, a UV source, a laser source, or combination thereof [for the “combination thereof”, each light beam may be the same or different from one another – i.e. first, second third light beams may be all visible light or the first, second, third light beams may be visible, IR, and UV respectively]).
Regarding claim 8, Hurni discloses the substrate modification region measurement apparatus of claim 1, and further teaches the apparatus wherein the modification region of the substrate is a laser modification region, the substrate is a glass substrate, and the substrate is illuminated by a laser light beam to form the laser modification region (the claim is drawn to the structure of a measurement apparatus but recites characteristics of the material or article worked upon; characteristics of the modification region of the substrate being a laser modification region, the substrate being glass, and the means by which the modification region is formed do not serve to limit the apparatus claim as it does not structurally distinguish between the prior art – see MPEP §2115; while a laser light beam is recited, there is no recitation of positive structure claimed (i.e. “the apparatus comprising a laser source which illuminates a sample to form a laser modification region”); further, since Hurni discloses the same structure as claimed and is directed towards a measurement apparatus for finding/identifying defects and/or modifications of a substrate, it is reasonable to conclude that the device of Hurni can be operated in a manner to produce the claimed result, regardless of the means by which the modification region of the substrate is formed).
Regarding claim 9, Hurni discloses the substrate modification region measurement apparatus of claim 2, and further teaches the apparatus, wherein one of the first image capturing device, the second image capturing device, and the third image capturing device is a color depth of field camera or a black-white depth of field camera (Hurni [0034] discloses that camera units are arranged to convey at least depth parameters related to the surface of the container being measured; the terms “color depth of field camera” and “black-white depth of field camera” are best understood as imaging devices capable of generating images which convey depth information, given the lack of description/example for the terms in the specification).
Regarding claim 10, Hurni discloses the substrate modification region measurement apparatus of claim 7, and further teaches the apparatus, wherein color of one of the first light beam, the second light beam, and the third light beam is white, red, green, or blue (Hurni [0056] has disclosed the type of illumination possible from each illumination unit 34a-d, including visible light; [0020] also discloses the entire visible range may be illuminated, where the entire visible range emitted together generates white light [color of the first, second, third light beams is white]).
Regarding claim 11, Hurni discloses the substrate modification region measurement apparatus of claim 1, and further teaches the apparatus wherein the first light source is a first collimated light source (Hurni [0021] discloses the use of a filter element within an inspection unit, where filter elements 36a-d and inspection units 40a-d comprising illumination units 34a-d and camera units 20a-d are shown in fig. 4; [0021] discloses the filter element may be a collimator to align light beams emitted by the illumination units – therefore the illumination unit 34c taken together with collimating element 36c results in a first collimated light source), the second light source is a second collimated light source (Hurni [0021], following same reasoning as previous limitation, the illumination unit 34a taken together with collimating element 36a results in a second collimated light source), the first image capturing device and the second collimated light source are integrated into a first telecentric imaging module (Hurni [0053], fig. 4, and within claim 1 has disclosed inspection units 40a-d which each comprise camera units 20a-d and illumination units 34a-d; inspection unit 40a comprises camera unit 20a [first image capturing device] coupled with illumination unit and filter element 34a and 36a [second collimated light source] are integrated into a first imaging module; while there is no “telecentric lens” or similar structure recited, [0034] discloses telecentric objects used within inspection units [i.e. a first telecentric imaging module]), and the second image capturing device and the first collimated light source are integrated into a second telecentric imaging module (Hurni [0053] and fig. 4 with previous limitation discloses inspection unit 40c comprising camera unit 20c [second image capturing device] coupled with illumination unit and filter element 34c and 36c [first collimated light source] are integrated into a second imaging module; while there is no “telecentric lens” or similar structure recited, [0034] discloses telecentric objects used within inspection units [i.e. a second telecentric imaging module]).
Regarding claim 12, Hurni discloses the substrate modification region measurement apparatus of claim 2, and further teaches the apparatus wherein the third image capturing device is disposed on the first surface of the substrate, the third light source is disposed under the second surface of the substrate (Hurni [0053], fig. 4, and claim 2 above has disclosed the third image capturing device facing the first surface of the substrate and the third light source being disposed under the second surface of the substrate), and the substrate modification region measurement apparatus further comprises:
a fourth image capturing device, signally connected to the microcontroller unit, disposed under the second surface of the substrate, disposed at the side of the second image capturing device, and obliquely facing the second surface of the substrate (Hurni [0053] and fig. 4 disclose camera unit 20d; fourth image capturing device configured as camera unit 20d, which appears to the side of camera unit 20c [fourth image capturing device at a side of the second image capturing device] and obliquely faces the second surface of the substrate, in light of annotated fig. 4 above), configured to shoot the substrate to obtain a fourth image (Hurni [0055] discloses camera units 20a-d obtains images of the substrate [fourth image capturing device shoots the substrate to obtain a fourth image]));
a fourth light source, signally connected to the microcontroller unit, disposed on the first surface of the substrate, and obliquely facing the first surface of the substrate (Hurni [0053] discloses illumination unit 34b, [0025] signally connected to microcontroller; fourth light source configured as illumination unit 34b (unlabeled in fig. 4 but clear as being within inspection unit 40b); illumination unit 34b obliquely faces the first surface of the substrate; annotated fig. 4 above demonstrates that the fourth light source 34b is “on the first surface of the substrate”, given previously mentioned BRI of “on the surface”), configured to provide a fourth light beam which illuminates the substrate and propagates toward the fourth image capturing device (Hurni [0056] discloses illumination units 34a-d illuminate the entire inspection volume 24, where the illumination unit 34b inherently illuminates the substrate and propagates toward the camera unit 20d configured as the fourth image capturing device);
wherein the microcontroller unit obtains the modification region measuring information of the modification region of the substrate according to the first image, the second image, the third image and the fourth image (Hurni [0016] discloses that camera units which obtain images are processed/dynamically combined by a processing unit or processor; [0025] also discloses the activation of inspection units [which comprise both an illumination unit and camera unit] via a suitable control means [processing unit/processor/control means read as a microcontroller unit]; [0028]-[0030] discloses optical inspection of containers for defects, scratches, non-melted areas – at least a non-melted area reads as modification region measuring information of a modification region, as “non-melted area” is indicative of a modification being performed in some region; as obtained images from each camera unit are processed/dynamically combined by the microcontroller unit, measuring information of the modification region of the substrate is obtained according to the first, second, third, and fourth images).
Regarding claim 13, Hurni discloses the substrate modification region measurement apparatus of claim 12, and further teaches the apparatus wherein the third light source is a third collimated light source (Hurni [0021] discloses the use of a filter element within an inspection unit, where filter elements 36a-d and inspection units 40a-d comprising illumination units 34a-d and camera units 20a-d are shown in fig. 4; [0021] discloses the filter element may be a collimator to align light beams emitted by the illumination units – therefore the illumination unit 34d taken together with collimating element 36d results in a third collimated light source), the fourth light source is a fourth collimated light source (Hurni [0021], following same reasoning as previous limitation, the illumination unit 34b taken together with collimating element 36b results in a fourth collimated light source), the fourth collimated light source and the third image capturing device are integrated into a third telecentric imaging module (Hurni [0053], fig. 4, and within claim 1 has disclosed inspection units 40a-d which each comprise camera units 20a-d and illumination units 34a-d; inspection unit 40b comprises camera unit 20b [third image capturing device] coupled with illumination unit and filter element 34b and 36b [fourth collimated light source] are integrated into a third imaging module; while there is no “telecentric lens” or similar structure recited, [0034] discloses telecentric objects used within inspection units [i.e. a third telecentric imaging module]), and the third collimated light source and the fourth image capturing device are integrated into a fourth telecentric imaging module ((Hurni [0053] and fig. 4 with previous limitation discloses inspection unit 40d comprises camera unit 20d [fourth image capturing device] coupled with illumination unit and filter element 34d and 36d [third collimated light source] are integrated into a fourth imaging module; while there is no “telecentric lens” or similar structure recited, [0034] discloses telecentric objects used within inspection units [i.e. a fourth telecentric imaging module]).
Regarding claim 14, Hurni discloses a substrate modification region measurement method (Hurni [0028] discloses optical inspection of containers for defects, scratches, non-melted areas, where “non-melted area” on a substrate is equivalent to a substrate modification region), comprising:
providing a first collimated light beam which orthogonally illuminates a second surface of the substrate and propagates toward a first image capturing device, and making the first image capturing device shoot the substrate to obtain a first image, wherein the second surface of the substrate is opposite to a first surface of the substrate, and the first image capturing device is disposed on the first surface of the substrate (Hurni [0053] and fig. 4 disclose a top down view of the measurement apparatus 100, in which a container 10 (see at least fig. 2) is shown; four inspection units 40a-d are shown surrounding the container 10, each having a camera unit 20a-d and an illumination unit 34a-d, and filter elements 36a-d; first light source configured as 34c (unlabeled but clear as being within inspection unit 40c) which generates a first light beam; [0021] discloses filter element may be a collimator to align light beams emitted by illumination units, i.e. illumination unit 34c [first collimated light beam]; annotated fig. 4 above with reference to claim 1 shows illumination unit 34c orthogonally illuminating the second surface of the substrate and propagating towards camera unit 20a [first image capturing device]; [0056] discloses the illumination units 34a-d illuminate an entire inspection volume 24, where the illumination unit 34c inherently illuminates the substrates and propagates toward the camera unit 20a configured as the second image capturing device [first collimated light beam propagates toward first image capturing device]; annotated fig. 4 shows camera unit 20a on the side of a first surface of the substrate, and shows the first surface being opposite the second surface of the substrate; [0055] discloses camera units 20a-d obtain images of the substrate [first image capturing device shoots the substrate to obtain a first image]);
providing a second collimated light beam which orthogonally illuminates a first surface of the substrate and propagates toward a second image capturing device, and making the second image capturing device shoot the substrate to obtain a second image, wherein the second image capturing device is disposed under the second surface of the substrate (Hurni [0053], fig. 4 and the preceding limitation have disclosed the inspection units 40a-d, camera units 20a-d, illumination units 34a-d, and filter elements 36a-d; second light source configured as 34a (again, unlabeled but clear as being within inspection unit 40a) which generates a second light beam; [0021] discloses collimator as filter elements, where light from the illumination unit 34a and collimator 36a generate a second collimated light beam; [0056] discloses the illumination units 34a-d illuminate an entire inspection volume 24, where the illumination unit 34a inherently illuminates the substrates and propagates toward the camera unit 20c configured as the second image capturing device [second collimated light beam propagates toward second image capturing device]; [0055] discloses camera units 20a-d obtain images of the substrate [second image capturing device shoots the substrate to obtain a second image]; the second image capturing device 20c being “under the second surface” is fulfilled given the view of fig. 4, where the capturing device is below the transport direction 32 (the annotated axis) in annotated fig. 4 above);
providing a third collimated light beam which obliquely illuminates the second surface or the first surface of the substrate and propagates toward a third image capturing device (Hurni [0053] and fig. 4 discloses camera unit 20b and illumination unit 34d; third image capturing device configured as camera unit 20b and a third light source configured as illumination unit 34d (unlabeled, but within inspection unit 40d); [0021] discloses filter elements 36a-d may be a collimator to align light beams emitted by illumination units, in this case illumination unit 34d [third collimated light beam]; [0056] discloses the illumination units 34a-d illuminate an entire inspection volume 24, where the illumination unit 34d inherently illuminates the substrates and propagates toward the camera unit 20b configured as the third image capturing device [third collimated light beam propagates toward third image capturing device]), and making the third image capturing device shoot the substrate to obtain a third image (Hurni [0055] discloses camera units 20a-d obtain images of the substrate [third image capturing device shoots the substrate to obtain a third image]), wherein the third image capturing device is disposed on the first surface of the substrate and at a side of the first image capturing device, and obliquely faces the first surface of the substrate (Hurni [0053] and fig. 4 show the third capturing device 20b being to the side of the first image capturing device 20a, and are disposed “on the first surface” of the substrate, and obliquely faces at least a portion of the first surface of the substrate), or alternatively, the third image capturing device is disposed under the second surface of the substrate and at a side of the second image capturing device, and obliquely faces the second surface of the substrate (this limitation not considered due to the “or alternatively” statement), and
using a microcontroller unit to obtain modification region measuring information of at least one modification region according to the first image, the second image, and the third image (Hurni [0016] discloses that camera units which obtain images are processed/dynamically combined by a processing unit or processor; [0025] also discloses the activation of inspection units [each of which comprise both an illumination unit and camera unit] via a suitable control means [processing unit/processor/control means read as a microcontroller unit]; [0028]-[0030] discloses optical inspection of containers for defects, scratches, non-melted areas – at least a non-melted area reads as modification region measuring information of a modification region, as “non-melted area” is indicative of a modification being performed in some region [microcontroller unit obtains modification region measuring information of at least one modification region according to any image taken by any camera unit, including first, second, and third images]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-6, 15-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hurni in view of US 2018/0195952 A1 by Seiji Mitzutani et al. (herein after “Mitzutani”).
Regarding claim 5, Hurni discloses the substrate modification region measurement apparatus of claim 1, and further teaches the apparatus two first polarization lenses (Hurni [0053], fig. 4, and indicated in claim 1, disclose filter elements 36a-d, where [0025] filter elements 36a-d are polarizing filters [two first polarization lenses]), wherein one of the two first polarization lenses is disposed between the first image capturing device and the first surface of the substrate, and between the second light source and the first surface of the substrate (Hurni fig. 4 shows polarizing filter 36a between the first image capturing device 20a and the first surface of the container and between the second light source 34a (again unlabeled, see claim 1) and the first surface of the container [polarizing filter 36a is one of the first polarization lenses]), and other one of the two first polarization lenses is disposed between the second image capturing device and the second surface of the substrate, and between the first light source and the second surface of the substrate (Hurni fig. 4 shows polarizing filter 36c between the second image capturing device 20c and the second surface of the substrate and between the first light source 34c (unlabeled, see claim 1) and the second surface of the substrate)
Hurni is silent to the substrate modification region measurement apparatus of claim 1, wherein two polarization directions of the two first polarization lenses are orthogonal to each other.
However, Mitzutani does address this limitation. Hurni and Mitzutani are considered to be analogous to the present invention because they are transparent substrate evaluation devices using polarized and/or collimated light.
Mitzutani discloses the substrate modification region measurement apparatus of claim 1, “wherein two polarization directions of the two first polarization lenses are orthogonal to each other” (Mitzutani fig. 2 and [0045] discloses a polarizer 15 and an analyzer 25 on opposing sides of an observed object 5, where the polarizer and analyzer are orthogonally oriented in a crossed Nicols condition; one of ordinary skill recognizes that an analyzer in this context is itself a polarizer [two polarization directions of the first two polarization lenses are orthogonal to each other]; fig. 2 and [0031] discloses the polarizer 15 between an illumination optical system 10 and the substrate and the analyzer 25 being between the substrate and a light receiving optical system 20, analogous to the structure described within Hurni).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hurni to incorporate wherein two polarization directions of the two first polarization lenses are orthogonal to each other as suggested by Mitzutani for the advantage of only allowing specific light polarizations to pass through to a detector (Mitzutani [0045]), while obtaining optical distortion distributions of an observation target due to defects in an observation target (Mitzutani [0052])
Regarding claim 6, Hurni discloses the substrate modification region measurement apparatus of claim 2, and further teaches the apparatus two first polarization lenses (Hurni [0053] and indicated in claim 1, filter elements 36a-d are shown, where [0025] filter elements 36a-d are polarizing filters [two first polarization lenses]), one of the two first polarization lenses is disposed between the first image capturing device and the first surface of the substrate, and between the second light source and the first surface of the substrate (Hurni fig. 4 shows polarizing filter 36a between the first image capturing device 20a and the first surface of the container and between the second light source 34a (again unlabeled, see claim 1) and the first surface of the container [polarizing filter 36a is one of the first polarization lenses]), and other one of the two first polarization lenses is disposed between the second image capturing device and the second surface of the substrate, and between the first light source and the second surface of the substrate (Hurni fig. 4 shows polarizing filter 36c between the second image capturing device 20c and the second surface of the substrate and between the first light source 34c (unlabeled, see claim 1) and the second surface of the substrate); two second polarization lenses (Hurni [0053] and fig. 4, disclose filter elements 36a-d, [0025] polarization filters; filter elements excluding 36a and 36c are second polarization lenses) wherein one of the two second polarization lenses is disposed between the third image capturing device and the first surface or second surface of the substrate (Hurni fig. 4 shows polarizing filter 36b between the third image capturing device 20b and the first surface of the substrate) and other one of the two second polarization lenses is disposed between the third light source and the second surface or first surface of the substrate (Hurni fig. 4 shows polarizing filter 36d between the third light source 34d and the second surface of the substrate).
Hurni is silent to the substrate modification region measurement apparatus of claim 1, wherein the polarization directions of the two first polarization lenses are orthogonal to each other, and wherein the polarization directions of the two second polarization lenses are orthogonal to each other.
However, Mitzutani does address this limitation.
Mitzutani discloses the substrate modification region measurement apparatus of claim 2, “wherein two polarization directions of the two first polarization lenses are orthogonal to each other and wherein two polarization directions of two second polarizations lenses are orthogonal to each other” (Mitzutani fig. 2 and [0045] discloses a polarizer 15 and an analyzer 25 on opposing sides of an observed object 5, where the polarizer and analyzer are orthogonally oriented in a crossed Nicols condition; one of ordinary skill recognizes that an analyzer in this context is itself a polarizer [two polarization directions of the first two polarization lenses are orthogonal to each other]; fig. 2 and [0031] discloses the polarizer 15 between an illumination optical system 10 and the substrate and the analyzer 25 being between the substrate and a light receiving optical system 20, analogous to the structure described within Hurni; while Mitzutani discloses only a pair of illumination/receiving optical systems, it would be obvious for the same polarizer/analyzer structure to be used between each set of image capturing devices and light sources, i.e. polarization directions of two second polarization lenses are orthogonal to each other).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hurni to incorporate wherein two polarization directions of the two first polarization lenses are orthogonal to each other and wherein two polarization directions of two second polarizations lenses are orthogonal to each other as suggested by Mitzutani for the advantage of only allowing specific light polarizations to pass through to a detecton (Mitzutani [0045]) while obtaining optical distortion distributions of an observation target due to defects in an observation target (Mitzutani [0052]).
Regarding claim 15, Hurni discloses a substrate modification region measurement method (Hurni [0028] discloses optical inspection of containers for defects, scratches, non-melted areas, where “non-melted area” on a substrate is equivalent to a substrate modification region), comprising:
providing a first light beam which orthogonally illuminates a second surface of the substrate and propagates toward a first image capturing device, and making the first image capturing device shoot the substrate to obtain a first image, wherein the second surface of the substrate is opposite to a first surface of the substrate, the first image capturing device is disposed on the first surface of the substrate (Hurni [0053] and fig. 4 disclose a top down view of the measurement apparatus 100, in which a container 10 (see at least fig. 2) is shown; four inspection units 40a-d are shown surrounding the container 10, each having a camera unit 20a-d and an illumination unit 34a-d, and filter elements 36a-d; first light source configured as 34c (unlabeled but clear as being within inspection unit 40c) which generates a first light beam; annotated fig. 4 above with reference to claim 1 shows illumination unit 34c orthogonally illuminating a labeled second surface of the substrate and propagating towards camera unit 20a [first image capturing device]; [0056] discloses the illumination units 34a-d illuminate an entire inspection volume 24, where the illumination unit 34c inherently illuminates the substrates and propagates toward the camera unit 20a configured as the second image capturing device [first light beam propagates toward first image capturing device]; annotated fig. 4 shows camera unit 20a on the side of a labeled first surface of the substrate, and shows the first surface being opposite to the second surface of the substrate; [0055] discloses camera units 20a-d obtain images of the substrate [first image capturing device shoots the substrate to obtain a first image]), a first polarization lens is disposed between the first surface of the substrate and the first image capturing device (Hurni [0025] filter elements 36a-d are polarizing filters, where polarizing filter 36a [first polarization lens] is disposed between the first image capturing device 20a and the first surface of the container), a second polarization lens is disposed between the second surface of the substrate and a first light source which provides the first light beam (Hurni fig. 4 shows polarizing filter 36c [second polarization lens] disposed between the first light source 34c which provides the first light beam and the second surface of the substrate);
providing a second light beam which orthogonally illuminates the first surface of the substrate and propagates toward a second image capturing device, and making the second image capturing device shoot the substrate to obtain a second image, wherein the second image capturing device is disposed under the second surface of the substrate (Hurni [0053], fig. 4 and the preceding limitation have disclosed the inspection units 40a-d, camera units 20a-d, illumination units 34a-d, and filter elements 36a-d; second light source configured as 34a (again, unlabeled but clear as being within inspection unit 40a) which generates a second light beam; [0056] discloses the illumination units 34a-d illuminate an entire inspection volume 24, where the illumination unit 34a inherently illuminates the substrates and propagates toward the camera unit 20c configured as the second image capturing device [second light beam propagates toward second image capturing device and illuminates the first surface]; [0055] discloses camera units 20a-d obtain images of the substrate [second image capturing device shoots the substrate to obtain a second image]; the second image capturing device 20c being “under the second surface” is fulfilled given the view of fig. 4, where the capturing device is below the transport direction 32 (the annotated axis) in annotated fig. 4 above), the second polarization lens is disposed between the second surface of the substrate and the second image capturing device (Hurni fig. 4 shows polarizing filter 36c between the second surface of the substrate and the second image capturing device 20c), and the first polarization lens is disposed between the first surface of the substrate and a second light source which provides the second light beam (Hurni fig. 4 shows polarizing filter 36a between the first surface of the substrate and the illumination unit 34a [second light source] which provides the second light beam); and
using a microcontroller unit to obtain modification region measuring information of at least one modification region according to the first image and the second image (Hurni [0016] discloses that camera units which obtain images are processed/dynamically combined by a processing unit or processor; [0025] also discloses the activation of inspection units [each of which comprise both an illumination unit and camera unit] via a suitable control means [processing unit/processor/control means read as a microcontroller unit]; [0028]-[0030] discloses optical inspection of containers for defects, scratches, non-melted areas – at least a non-melted area reads as modification region measuring information of a modification region, as “non-melted area” is indicative of a modification being performed in some region [microcontroller unit obtains modification region measuring information of at least one modification region according to any image taken by any camera unit, including first and second images]).
Hurni is silent to providing a first collimated light beam, a first collimated light source which provides the first collimated light beam, a polarization direction of the first polarization lens is orthogonal to a polarization direction of the second polarization lens, providing a second collimated light beam, and a second collimated light source which provides the second collimated light beam.
However, Mitzutani does address this limitation.
Mitzutani discloses “providing a first collimated light beam, a first collimated light source which provides the first collimated light beam” (Mitzutani fig. 2 and [0031] discloses illumination optical system 10 which outputs collimated light 30 and irradiates collimated light onto an observation target 5), “a polarization direction of the first polarization lens is orthogonal to a polarization direction of the second polarization lens” (Mitzutani fig. 2 and [0045] discloses a polarizer 15 and an analyzer 25 on opposing sides of an observed object 5, where the polarizer and analyzer are orthogonally oriented in a crossed Nicols condition; one of ordinary skill recognizes that an analyzer in this context is itself a polarizer [two polarization directions of the first two polarization lenses are orthogonal to each other]; fig. 2 and [0031] discloses the polarizer 15 between an illumination optical system 10 and the substrate and the analyzer 25 being between the substrate and a light receiving optical system 20, analogous to the structure described within Hurni), “providing a second collimated light beam, and a second collimated light source which provides the second collimated light beam” (while Mitzutani does not explicitly disclosed a second collimated light source emitting a second collimated light beam, given the disclosure of the collimated light source of Mitzutani, one of ordinary skill in the art would recognize it as obvious to provide collimated light for all light sources investigating the substrate as needed, instead of being limited to one collimated light source; examiner also notes that collimators are disclosed within Hurni [0021], capable of use for all light sources, so a modification to include a collimated light source with the polarizing filters 36 Hurni is obvious).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hurni to incorporate providing a first collimated light beam, a first collimated light source which provides the first collimated light beam, a polarization direction of the first polarization lens is orthogonal to a polarization direction of the second polarization lens, providing a second collimated light beam, and a second collimated light source which provides the second collimated light beam as suggested by Mitzutani for the advantage of only allowing specific light polarizations to pass through to a detector (Mitzutani [0045]), while obtaining optical distortion distributions of an observation target due to defects in an observation target (Mitzutani [0052]).
Regarding claim 16, Hurni when modified by Mitzutani discloses the substrate modification region measurement method of claim 15, and Hurni further teaches the method wherein a first wavelength range of the first collimated light beam is different from or equal to a second wavelength range of the second collimated light beam (Hurni [0056] discloses that each illumination unit 34 [i.e. each illumination unit 34a-34d, including the first light beam and second light beam] may be a conventional visible light source, infrared light source, a UV source, a laser source, or combination thereof [for the “combination thereof”, each light beam may be the same or different from one another – i.e. first and second light beams may be all visible light or the first and second light beams may be visible and IR respectively]).
Regarding claim 16, Hurni when modified by Mitzutani discloses the substrate modification region measurement method of claim 15, and Hurni further teaches the method wherein the modification information of the modification region indicates whether the modification region has been modified successfully and/or has a defect (Hurni [0028] discloses the optical inspection of the hollow body [i.e. substrate] identifies the presence of defects, including “non-melted areas” — at least a non-melted area reads as modification region measuring information of a modification region, as “non-melted area” is indicative of a modification being performed in some region and is considered by Hurni as a defect).
Regarding claim 19, Hurni when modified by Mitzutani discloses the substrate modification region measurement method of claim 15, and Hurni further teaches the method wherein the first image capturing device and the second collimated light source are integrated into a first telecentric imaging module (Hurni [0053], fig. 4, and within claim 1 has disclosed inspection units 40a-d which each comprise camera units 20a-d and illumination units 34a-d; inspection unit 40a comprises camera unit 20a [first image capturing device] coupled with illumination unit and filter element 34a and 36a [second light source] are integrated into a first imaging module; while there is no “telecentric lens” or similar structure recited, [0034] discloses telecentric objects used within inspection units [i.e. a first telecentric imaging module]; the “collimated” light source is disclosed above by Mitzutani), and the second image capturing device and the first collimated light source are integrated into a second telecentric imaging module (Hurni [0053] and fig. 4 with previous limitation discloses inspection unit 40c comprising camera unit 20c [second image capturing device] coupled with illumination unit and filter element 34c and 36c [first light source] are integrated into a second imaging module; while there is no “telecentric lens” or similar structure recited, [0034] discloses telecentric objects used within inspection units [i.e. a second telecentric imaging module]; the “collimated” light source is again disclosed above by Mitzutani).
Regarding claim 20, Hurni when modified by Mitzutani discloses the substrate modification region measurement method of claim 15, and Hurni further teaches the method wherein color of one of the first collimated light beam and the second collimated light beam is white, red, green, or blue (Hurni [0056] has disclosed the type of illumination possible from each illumination unit 34a-d, including visible light; [0020] also discloses the entire visible range may be illuminated, where the entire visible range emitted together generates white light [color of the first, second, third light beams is white]; the light beams being “collimated” is addressed by Mitzutani above), and one of the first image capturing device and the second image capturing device is a color depth of field camera or a black-white depth of field camera (Hurni [0034] discloses that camera units are arranged to convey at least depth parameters related to the surface of the container being measured; the terms “color depth of field camera” and “black-white depth of field camera” are best understood as imaging devices capable of generating images which convey depth information, given the lack of description/example for the terms in the specification).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hurni in view of Mitzutani, and further in view of US 2006/0054606 A1 by Jun Amako (herein after “Amako”).
Regarding claim 18, Hurni when modified by Mitzutani discloses the substrate modification region measurement method of claim 15, but is silent to the method wherein the modification region of the substrate is a laser modification region, the substrate is a glass substrate, and the substrate is illuminated by a laser light beam to form the laser modification region.
However, Amako does address this limitation. Hurni, Mitzutani, and Amako are considered to be analogous to the present invention because they are related to optical inspection systems, and inspection of regions within substrates.
Amako discloses the substrate modification region measurement method of claim 15, “wherein the modification region of the substrate is a laser modification region, the substrate is a glass substrate, and the substrate is illuminated by a laser light beam to form the laser modification region” (Amako generally drawn to a laser machining method for a substrate 100; [0008] discloses “machining” as causing the machined body some physical changes due to irradiation of laser beams; fig. 5 and [0059] discloses the machined body may be a glass substrate that’s been laser etched [substrate is a glass substrate, modification region is a laser modification region, and the substrate is illuminated by a laser light beam to form the laser modification region; the inspection of the modification region itself has been disclosed within Hurni]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hurni in view of Mitzutani to incorporate wherein the modification region of the substrate is a laser modification region, the substrate is a glass substrate, and the substrate is illuminated by a laser light beam to form the laser modification region as suggested by Amako for the advantage of generating modification regions within substrates via processes that are generally low cost and may be easily realized, in general an advantageous quality within a manufacturing environment (Amako [0011], [0013], [0017]).
Documents Considered but not Relied Upon
The following document(s) were considered but not relied up on for the rejection set forth in this action:
US 2024/0337478 A1 by Yuchi Chen et al.
US 2020/0378899 A1 by Yongjin Cho et al.
US 10,677,739 B2 by Uta-Barbara Goers et al.
US 2011/0149063 A1 by Shu-Ping Dong et al.
US 2011/0101226 A1 by Guy Ben-Zvi et al.
JP 2010019834 A by Iwata Masakazu et al.
US 2007/0263206 A1 by Phillip Robert LeBlanc et al.
Conclusion
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877