IMAGING ENVIRONMENT TESTING FIXTURE AND METHODS THEREOF

§102 §103 §DP

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 . Claims 1 – 20 are presented for examination. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-9, 12-17, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arzoumanidis et al. (US 2020/0300785 A1; pub. Sep. 24, 2020). Regarding claim 1, Arzoumanidis et al. disclose: A system (fig.1), comprising: a testing fixture (fig.1 item 100), the testing fixture comprising: a control system (para. [0056]); a mounting assembly (fig.1 items 140 & 145); a bottom plate (fig.1 item 145); a linear actuator assembly communicatively coupled to the control system (para. [0057]-[0058]), wherein the linear actuator assembly facilitates selective translation of the mounting assembly along a longitudinal axis relative to the bottom plate (para. [0057]-[0058]); a motor communicatively coupled to the control system (para. [0057]-[0058]), wherein the motor is operatively coupled to the mounting assembly and facilitates selective rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis relative to the bottom plate (para. [0057]-[0058]); and a load cell (fig.1 item 150) operatively coupled to the mounting assembly, wherein the load cell is communicatively coupled to the control system. Regarding claim 2, Arzoumanidis et al. disclose: the testing fixture further comprises: a top plate spaced from the bottom plate along the longitudinal axis to define a target scan zone positioned between the bottom and top plates (fig.1 items 140 & 145, para. [0057]-[0058]). Regarding claim 3, Arzoumanidis et al. disclose: the testing fixture further comprises: a shroud positioned between the bottom plate and the top plate (para. [0061]). Regarding claim 4, Arzoumanidis et al. disclose: the testing fixture further comprises: a rotating assembly (fig.1 item 135 rotates around 160), wherein the rotating assembly is selectively rotatable about the longitudinal axis, wherein the rotating assembly comprises: a slip ring connector (para. [0056], a ring encoder); the mounting assembly (fig.1 items 140 & 145); the linear actuator assembly (fig.1 item 130); the load cell (fig.1 item 150); and wherein the rotating assembly is in electrical communication with a power source through the slip ring connector (para. [0056]; applying a voltage to the ring encoder to rotate). Regarding claim 5, Arzoumanidis et al. disclose: a rotating platform (fig.1 item 130) operatively coupled to the motor and the mounting assembly (fig.1 items 140 & 145) to facilitate selective rotation of the mounting assembly about the longitudinal axis with the motor (para. [0052], [0058]). Regarding claim 6, Arzoumanidis et al. disclose: the linear actuator assembly is mounted to the rotating platform (fig.1 item 130). Regarding claim 7, Arzoumanidis et al. disclose: a digital image acquisition system defining an enclosure, wherein the testing fixture is positioned within the enclosure (fig.3 items 310 & 320). Regarding claim 8, Arzoumanidis et al. disclose: the digital image acquisition system is a computer tomography (CT) scanner comprising an emitter and a detector, and wherein the testing fixture is positioned between the emitter and the detector (para. [0060]). Regarding claim 9, Arzoumanidis et al. disclose: a computing system in communication with the control system of the testing fixture, wherein the computing system comprises a user interface for receiving a motion profile, wherein the motion profile defines a rotation parameter for the mounting assembly and a linear actuation parameter of the mounting assembly (para. [0061]). Regarding claim 11, Arzoumanidis et al. disclose: the computing system is configured to: communicate with the control system to control the mounting assembly based on the motion profile and receive data collected by the load cell (para. [0061], [0070]). Regarding claim 12, Arzoumanidis et al. disclose: the computing system is configured to: receive positional feedback data from the control system, wherein the positional feedback data comprises linear positional data and rotational positional data (para. [0054], the electrical signal collected represents torsional or axial/linear force and displacement data, which is rotational position and linear positional data). Regarding claim 13, Arzoumanidis et al. disclose: the data collected by the load cell comprises torsional data and linear data (para. [0054], the electrical signal collected represents torsional or axial/linear force and displacement data, which is rotational position and linear positional data). Regarding claim 14, Arzoumanidis et al. disclose: A testing fixture comprising: a control system; a mounting assembly; a bottom plate; a load cell operatively coupled to the mounting assembly, wherein the load cell is communicatively coupled to the control system; one or more motion drivers communicatively coupled to the control system, wherein the one or more motion drivers comprises a linear actuator assembly comprising an actuator that is operatively coupled to the mounting assembly and facilitates selective translation of the mounting assembly along a longitudinal axis relative to the bottom plate; and a motor operatively coupled to the mounting assembly that facilitates selective rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis relative to the bottom plate; and wherein the one or more motion drivers execute a motion profile (the claim is rejected on the same basis as claim 1). Regarding claim 15, Arzoumanidis et al. disclose: a top plate spaced from the bottom plate along the longitudinal axis to define a target scan zone positioned between the bottom and top plates (fig.1 items 140 & 145). Regarding claim 16, Arzoumanidis et al. disclose: a rotating assembly, wherein the rotating assembly is selectively rotatable about the longitudinal axis, wherein the rotating assembly comprises: a slip ring connector; the mounting assembly; the linear actuator assembly; the load cell; and wherein the rotating assembly is in electrical communication with a power source through the slip ring connector (the claim is rejected on the same basis as claim 4). Regarding claim 17, Arzoumanidis et al. disclose: A system, comprising: a computing system in communication with a testing fixture; the testing fixture comprising: a control system; a rotatable mounting assembly; a load cell operatively coupled to the rotatable mounting assembly, wherein the load cell is communicatively coupled to the control system; and a linear actuator assembly comprising an actuator, wherein the linear actuator assembly is coupled to the rotatable mounting assembly, wherein the actuator of the linear actuator assembly facilitates selective translation of the mounting assembly along a longitudinal axis, and wherein the rotatable mounting assembly, the linear actuator assembly, and the actuator are rotatable about the longitudinal axis, a bottom plate, wherein the mounting assembly translates along the longitudinal axis relative to the bottom plate, and wherein the mounting assembly, the linear actuator assembly, and the actuator translate along the longitudinal axis rotate relative to the bottom plate; and wherein the linear actuator assembly executes a motion profile provided by the computing system (the claim is rejected on the same basis as claim 1, additionally see para. [0061]). Regarding claim 20, Arzoumanidis et al. disclose: data collected by the load cell comprises torsional data and linear data (para. [0054], the electrical signal collected represents torsional or axial/linear force and displacement data, which is rotational position and linear positional data). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 10, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Arzoumanidis et al. (US 2020/0300785 A1; pub. Sep. 24, 2020) in view of Asano et al. (US 2019/0277780 A1; pub. Sep. 12, 2019). Regarding claim 10, Arzoumanidis et al. are silent about: the computing system comprises a mobile communications device in wireless communication with the control system. In a similar field of endeavor Asano et al. disclose: the computing system comprises a mobile communications device in wireless communication with the control system (para. [0075]) motivated by the benefits for improved portability and enabling remote testing. In light of the benefits for improved portability and enabling remote testing, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the mobile computer of Asano et al. in the apparatus of Arzoumanidis et al. Regarding claim 19, Arzoumanidis et al. and Asano et al. disclose: the computing system comprises a mobile communications device in wireless communication with the control system (the claim is rejected on the same basis as claim 10). Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Arzoumanidis et al. (US 2020/0300785 A1; pub. Sep. 24, 2020) in view of Sedgewick et al. (US 2002/0074052 A1; pub. Jun. 20, 2002). Regarding claim 18, Arzoumanidis et al. are silent about: the computing system comprises a user interface for receiving the motion profile, wherein the motion profile defines a rotation parameter for the mounting assembly and a linear actuation parameter of the mounting assembly. In a similar field of endeavor Sedgewick et al. disclose: the computing system comprises a user interface for receiving the motion profile, wherein the motion profile defines a rotation parameter for the mounting assembly and a linear actuation parameter of the mounting assembly (para. [0022]) motivated by the benefits for improved testing accuracy. In light of the benefits for improved testing accuracy, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Arzoumanidis et al. with the teachings of Sedgewick et al. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-14, 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2-3, 5, 7-9, 13-17, 19, 21 of U.S. Patent No. 12,222,302 B2. Although the claims at issue are not identical, the limitations claimed in claims 1-14, 17 of the present application are obvious in view of limitations claimed in claims 1, 2-3, 5, 7-9, 13-17, 19, 21 of U.S. Patent No. 12,222,302 B2 . The table below shows the similarities (underlined) between the present application and U.S. Patent No. 12,222,302 B2. 19/027,083 (Present Application) 12,222,302 B2 Claim 1 A system, comprising: a testing fixture, the testing fixture comprising: a control system; a mounting assembly; a bottom plate; a linear actuator assembly communicatively coupled to the control system, wherein the linear actuator assembly facilitates selective translation of the mounting assembly along a longitudinal axis relative to the bottom plate; a motor communicatively coupled to the control system, wherein the motor is operatively coupled to the mounting assembly and facilitates selective rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis relative to the bottom plate; and a load cell operatively coupled to the mounting assembly, wherein the load cell is communicatively coupled to the control system. Claim 1 A system, comprising: a testing fixture, the testing fixture comprising: control system; a mounting assembly; a bottom plate; a linear actuator assembly communicatively coupled to the control system, wherein the linear actuator assembly comprises an actuator that is operatively coupled to the mounting assembly and facilitates selective translation of the mounting assembly along a longitudinal axis relative to the bottom plate, wherein the bottom plate remains stationary during the translation of the mounting assembly along the longitudinal axis; a motor communicatively coupled to the control system, wherein the motor is operatively coupled to the mounting assembly and facilitates selective rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis relative to the bottom plate, wherein the bottom plate remains stationary during the rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis; and a load cell operatively coupled to the mounting assembly, wherein the load cell is communicatively coupled to the control system. Claim 2 the testing fixture further comprises: a top plate spaced from the bottom plate along the longitudinal axis to define a target scan zone positioned between the bottom and top plates. Claim 2 the testing fixture further comprises: a top plate spaced from the bottom plate along the longitudinal axis to define a target scan zone positioned between the bottom and top plates. Claim 3 the testing fixture further comprises: a shroud positioned between the bottom plate and the top plate. Claim 3 the testing fixture further comprises: a shroud positioned between the bottom plate and the top plate. Claim 4 the testing fixture further comprises: a rotating assembly, wherein the rotating assembly is selectively rotatable about the longitudinal axis, wherein the rotating assembly comprises: a slip ring connector; the mounting assembly; the linear actuator assembly; the load cell; and wherein the rotating assembly is in electrical communication with a power source through the slip ring connector. Claim 5 the testing fixture further comprises: a rotating assembly, wherein the rotating assembly is selectively rotatable about the longitudinal axis, wherein the rotating assembly comprises: a slip ring connector; the mounting assembly; the linear actuator assembly; the load cell; and wherein the rotating assembly is in electrical communication with a power source through the slip ring connector. Claim 5 a rotating platform operatively coupled to the motor and the mounting assembly to facilitate selective rotation of the mounting assembly about the longitudinal axis with the motor. Claim 7 a rotating platform operatively coupled to the motor and the mounting assembly to facilitate selective rotation of the mounting assembly about the longitudinal axis with the motor. Claim 6 the linear actuator assembly is mounted to the rotating platform. Claim 9 the linear actuator assembly is mounted to the rotating platform Claim 7 a digital image acquisition system defining an enclosure, wherein the testing fixture is positioned within the enclosure. Claim 10 a digital image acquisition system defining an enclosure, wherein the testing fixture is positioned within the enclosure. Claim 8 the digital image acquisition system is a computer tomography (CT) scanner comprising an emitter and a detector, and wherein the testing fixture is positioned between the emitter and the detector. Claim 11 the digital image acquisition system is a computer tomography (CT) scanner comprising an emitter and a detector, and wherein the testing fixture is positioned between the emitter and the detector. Claim 9 a computing system in communication with the control system of the testing fixture, wherein the computing system comprises a user interface for receiving a motion profile, wherein the motion profile defines a rotation parameter for the mounting assembly and a linear actuation parameter of the mounting assembly. Claim 13 a computing system in communication with the control system of the testing fixture, wherein the computing system comprises a user interface for receiving a motion profile, wherein the motion profile defines a rotation parameter for the mounting assembly and a linear actuation parameter of the mounting assembly Claim 10 the computing system comprises a mobile communications device in wireless communication with the control system. Claim 14 the computing system comprises a mobile communications device in wireless communication with the control system. Claim 11 the computing system is configured to: communicate with the control system to control the mounting assembly based on the motion profile and receive data collected by the load cell. Claim 15 the computing system is configured to: communicate with the control system to control the mounting assembly based on the motion profile and receive data collected by the load cell. Claim 12 the computing system is configured to: receive positional feedback data from the control system, wherein the positional feedback data comprises linear positional data and rotational positional data. Claim 16 the computing system is configured to: receive positional feedback data from the control system, wherein the positional feedback data comprises linear positional data and rotational positional data. Claim 13 the data collected by the load cell comprises torsional data and linear data. Claim 17 the data collected by the load cell comprises torsional data and linear data. Claim 14 A testing fixture comprising: a control system; a mounting assembly; a bottom plate; a load cell operatively coupled to the mounting assembly, wherein the load cell is communicatively coupled to the control system; one or more motion drivers communicatively coupled to the control system, wherein the one or more motion drivers comprises a linear actuator assembly comprising an actuator that is operatively coupled to the mounting assembly and facilitates selective translation of the mounting assembly along a longitudinal axis relative to the bottom plate; and a motor operatively coupled to the mounting assembly that facilitates selective rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis relative to the bottom plate; and wherein the one or more motion drivers execute a motion profile. Claim 19 A testing fixture comprising: a control system; a mounting assembly; a bottom plate; a load cell operatively coupled to the mounting assembly, wherein the load cell is communicatively coupled to the control system; one or more motion drivers communicatively coupled to the control system, wherein the one or more motion drivers comprises (i) a linear actuator assembly comprising an actuator that is operatively coupled to the mounting assembly and facilitates selective translation of the mounting assembly along a longitudinal axis relative to the bottom plate, wherein the bottom plate remains stationary during the translation of the mounting assembly along the longitudinal axis and (ii) a motor operatively coupled to the mounting assembly that facilitates selective rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis relative to the bottom plate, wherein the bottom plate remains stationary during the rotation of the mounting assembly and the linear actuator assembly about the longitudinal axis; and wherein a component of the one or more motion drivers is rotatable about the longitudinal axis; and wherein the one or more motion drivers execute a motion profile. Claim 17 A system, comprising: a computing system in communication with a testing fixture; the testing fixture comprising: a control system; a rotatable mounting assembly; a load cell operatively coupled to the rotatable mounting assembly, wherein the load cell is communicatively coupled to the control system; and a linear actuator assembly comprising an actuator, wherein the linear actuator assembly is coupled to the rotatable mounting assembly, wherein the actuator of the linear actuator assembly facilitates selective translation of the mounting assembly along a longitudinal axis, and wherein the rotatable mounting assembly, the linear actuator assembly, and the actuator are rotatable about the longitudinal axis, a bottom plate, wherein the mounting assembly translates along the longitudinal axis relative to the bottom plate, and wherein the mounting assembly, the linear actuator assembly, and the actuator translate along the longitudinal axis rotate relative to the bottom plate; and wherein the linear actuator assembly executes a motion profile provided by the computing system. Claim 21 A system, comprising: a computing system in communication with a testing fixture; the testing fixture comprising: a control system; a rotatable mounting assembly; a load cell operatively coupled to the rotatable mounting assembly, wherein the load cell is communicatively coupled to the control system; and a linear actuator assembly comprising an actuator, wherein the linear actuator assembly is coupled to the rotatable mounting assembly, wherein the actuator of the linear actuator assembly facilitates selective translation of the mounting assembly along a longitudinal axis, and wherein the rotatable mounting assembly, the linear actuator assembly, and the actuator are rotatable about the longitudinal axis, a bottom plate, wherein the bottom plate remains stationary during the translation of the mounting assembly along the longitudinal axis, and wherein the bottom plate remains stationary during the rotation of the mounting assembly, the linear actuator assembly, and the actuator about the longitudinal axis; and wherein the linear actuator assembly executes a motion profile provided by the computing system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAMADOU FAYE whose telephone number is (571)270-0371. The examiner can normally be reached Mon – Fri 9AM-6PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MAMADOU FAYE/Examiner, Art Unit 2884 /UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884