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 light projecting/receiving module” “a moving mechanism” “a setting device” “a control unit that controls” “control unit controls” “control unit acquires” “the control unit generates” claims 1, 2, 3, 4, 5, 7, 8, 9, 10, 16, 17, & 18.
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.
Applicant teaches the moving mechanism is a motor (0038, lines1-3).
Applicant teaches the light projecting/receiving module includes a light source and image sensor (0021, lines 4-5) (0023, lines 4-5).
Applicant teaches the control unit includes a motor control unit 23, a signal processing unit 24, and a
communication unit (0039, lines 1-2).
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 1-20 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, 2, 5, 11, 12, 13, 14, 15, 17, 19, & 20, the claimed subject matter “setting device” is rendered indefinite. Examiner notes the specification does not provide the structure for the “setting device” to perform the claimed functions. Applicant teaches the setting unit 245 is a portion that detects the operation and receives various settings and the like related to the control unit 22 (0043, lines 1-3). 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 20200049487 & US 20140036067.
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 “controls the light projecting/receiving module to sequentially acquire a plurality of the light reception images of the workpiece based on each of the plurality of exposure times while causing the moving mechanism to relatively move the light projecting/receiving module and the workpiece within each of measurement ranges including at least a common range, acquires XYZ coordinate information indicating a shape of the workpiece based on the plurality of light reception images for each of the plurality of exposure times to generate a workpiece image indicating the shape of
the workpiece based on the XYZ coordinate information”, in combination with the rest of the limitations of claim 1.
As to claim 2, the prior art of record, taken alone or in combination, fails to disclose or render obvious “controls the light projecting/receiving module to sequentially acquire a plurality of the light reception images of the workpiece based on each of the plurality of exposure times while causing the moving mechanism to relatively move the light projecting/receiving module and the workpiece within each of measurement ranges including at least a common range, acquires XYZ coordinate information indicating a shape of the workpiece based on the plurality of light reception images for each of the plurality of exposure times to generate a workpiece image indicating the shape of the workpiece based on the XYZ coordinate information,”, in combination with the rest of the limitations of claim 2.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached at (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAURICE C SMITH/Examiner, Art Unit 2877
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