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 .
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.
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. Such claim limitation(s) is/are: “a translation system configured to move” & “a monitoring system configured to obtain” in claims 1 & 7.
Applicant teaches the translation system is translation stage (0050, lines 14-15).
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.
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 1-12 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 pre-AIA the applicant regards as the invention. In regards to claims 1 & 7, the claimed subject matter “a monitoring system configured to obtain measurements” is rendered indefinite. Examiner notes the specification does not provide the structure for the “a monitoring system configured to obtain measurements” to perform the claimed functions. Applicant teaches a monitoring system is provided and is configured to obtain measurements of the platform (0011, lines 8-10). Based upon the specification there is no way to determine the metes and bounds of this limitation, since there are no limits imposed by structure, material or acts, and can therefore be performed by any means capable of performing the function, both known and unknown. Clarification is required.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220049951, US 20200064119, US 20180328705, US 20160223316, & Laura Hopper, “Error sources, compensation, and probe path optimization for on-machine metrology of freeform optics”, 2020.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 1, the prior art of record, taken alone or in combination, fails to disclose or render obvious “initiate capture of each of the measurements of the target surface of the object by the measurement probe during the movement of the platform and the measurement probe within each of the prescribed translation areas over the target surface of the object; and generate one or more portions of a topographic map of the target surface of the object based at least on the measurements of the target surface of the object from the measurement probe and corresponding ones of the measurements of the platform with respect to six degrees of freedom for each of the measurements of the target surface of the object in each of the prescribed translation areas”, in combination with the rest of the limitations of claim 1.
As to claim 7, the prior art of record, taken alone or in combination, fails to disclose or render obvious “initiate capture of each of the measurements of the target surface of the object by the measurement probe during the movement of the platform and the measurement probe within each of the prescribed translation areas over the target surface of the object; and generate one or more portions of a topographic map of the target surface of the object based at least on the measurements of the target surface of the object from the measurement probe and corresponding ones of the measurements of the platform with respect to six degrees of freedom for each of the measurements of the target surface of the object in each of the prescribed translation areas”, in combination with the rest of the limitations of claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE C SMITH whose telephone number is (571)272-2526. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/MAURICE C SMITH/Examiner, Art Unit 2877
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