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 .
DETAILED ACTION
Claim Objections
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.
Claim 16 and 18-20 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.
Claim 16 recites the limitation "the rotational position adjuster section" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the longitudinal distance adjuster" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the control unit" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the control unit" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 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.
(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, 3-8, 10-16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Humpert et al (DE 102021101412).
Regarding claim 1, Humpert discloses a sorting machine (see Fig. 1; elements 1 and 4) for adjusting a light and camera to create a proper image of industrial parts, comprising: a dynamic vision system comprising a lightbox (see Fig. 2), wherein the lightbox is configured to provide dynamic lighting (element 27) and imaging (elements 19 and 20) and perform an accurate industrial part sorting (see Figs. 1-3).
Regarding claim 3, Humpert discloses the lightbox comprises an imaging unit (elements 19 and 20) and a lighting unit (elements 27).
Regarding claim 4, Humpert discloses the imaging unit comprises a camera (elements 19 and 20, a camera movement unit (elements 12), and a dynamic camera stand (element 18).
Regarding claim 5, Humpert discloses the dynamic camera stand is configured to enable the camera to change an angle and movement in a longitudinal, transverse, and vertical directions (elements 12).
Regarding claim 6, Humpert discloses the dynamic camera stand comprises a rotational position adjuster section, an angle adjuster section, and a longitudinal distance adjuster section (elements 12 adjust position and distance and paragraph 0019 discloses angle ranges for the cameras).
Regarding claim 7, Humpert discloses the lighting unit comprises an optical section, a linear motion adjuster section, and a light angle adjuster section (elements 12; where the position of elements may be adjusted to a desired positioned to produce the best lighting)
Regarding claim 8, Humpert discloses a sorting machine (see Fig. 1; elements 1 and 4) for adjusting a light and camera to create a proper image of industrial parts, comprising: a dynamic lightbox system (element 18) comprising a lighting unit (element 27) and an imaging unit (elements 19 and 20), wherein the lighting unit comprises an optical section (elements 27), a linear motion adjuster section (elements 12), and a light angle adjuster section (elements 12), and the imaging unit comprises a camera (elements 19 and 20), a camera movement unit (elements 12), and a dynamic camera stand (element 18).
Regarding claim 10, Humpert discloses an application wherein the application is configured to report industrial parts information, manage product production, and manage industrial parts sorting (paragraph 0052 parameters of sorting have relevance to bulk materials that correspond to important feedback to the producers).
Regarding claim 11, Humpert discloses the dynamic camera stand comprises a rotational position adjuster section, an angle adjuster section, and a longitudinal distance adjuster section (elements 12 adjust position and distance and paragraph 0019 discloses angle ranges for the cameras).
Regarding claim 12, Humpert discloses the optical section comprises one or more flat optical plates, the flat optical plates are configured to create a uniform lighting (see Fig. 2; elements 27).
Regarding claim 13, Humpert discloses the linear motion adjuster section is configured to adjust the distance changes in the longitudinal and transverse directions (see Fig. 2; elements 12 change position in relation to elements 18 and 15).
Regarding claim 14, Humpert discloses the light angle adjuster section is configured to adjust a rotation angle of the optical section (see Fig. 2; elements 12).
Regarding claim 15, Humpert discloses the camera movement unit comprises at least one electric motor (paragraph 0061).
Regarding claim 16, Humpert discloses the rotational position adjuster section comprises a rotating plate, the rotating plate is configured to perform a 360- degree horizontal imaging utilizing the camera movement unit (element 15).
Regarding claim 19, Humpert discloses the lightbox and the control unit comprise an independent frame base to reduce vibrations (see Fig. 1; elements 4 and 5 are independent of each other).
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 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 of this title, 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.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Humpert in view of Design Choice.
Regarding claim 17, Humpert discloses the light angle adjuster section comprises a camera arm (see Fig. 2; attachment between elements 18 and 12), the camera arm is configured to enable the camera to perform an angle of 25 to 160 degrees of vertical rotation utilizing the camera movement unit (paragraph 0019). Humpert does not explicitly disclose 180 degrees of vertical rotation utilizing the camera movement unit. However, before the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to adjusting the camera angle because Applicant has not disclosed that a specific angle provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Humpert, and applicant’s invention, to perform equally well with either angle adjustment because both angle adjustment would perform the same function of adjusting the camera for the purpose of adjusting the camera angle to obtain a complete image of an item.
Regarding claim 18, Humpert does not explicitly disclose the longitudinal distance adjuster section comprises at least five steps, the steps are configured to enable the camera to be positioned in different places of the dynamic camera stand to create an optimal image. However, before the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have multiple positions of adjustment because Applicant has not disclosed that the number of camera positions provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Humpert, and applicant’s invention, to perform equally well with either number of camera positions because both camera angle adjustments would perform the same function of adjusting the camera for the purpose of adjusting the camera angle to obtain a complete image of an item.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Humpert in view of Otsuka (USP 8,733,553 B2).
Regarding claim 2, Humpert discloses a first unit configured to prepare industrial parts for processing (element 2); a control unit configured to control a sorting machine's performance and perform an analysis on industrial materials (element 5); a second unit configured to transfer industrial parts in the sorting machine (element 15), but Humpert does not disclose a third unit configured to print information on industrial parts. Otsuka teaches a third unit configured to print information on industrial parts (col. 5, lines 41-48, 64+ and col. 5, lines 1-2) for the purpose of labeling a sorted package for shipping. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Humpert, as taught by Otsuka, for the purpose of labeling a sorted package for shipping.
Regarding claim 9, Humpert discloses a washing box, wherein the washing box is configured to prepare industrial parts for processing (paragraph 0029); a control unit configured to control a sorting machine's performance and perform an analysis on industrial materials (element 5); a transferring unit configured to transfer industrial parts in the sorting machine (element 15), but Humpert does not disclose a printing unit comprising a printer and a sensor unit. Otsuka teaches a printing unit comprising a printer and a sensor unit (col. 5, lines 41-48, 64+ and col. 5, lines 1-2) for the purpose of labeling a sorted package for shipping. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Humpert, as taught by Otsuka, for the purpose of labeling a sorted package for shipping.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Humpert in view of Qureshi et al (US Pub 2018/0246549 A1).
Regarding claim 20, Humpert does not disclose the claim limitations. Qureshi teaches a cooling unit is installed next to the control unit to prevent an excess heat production (paragraphs 0016) for the purpose of maintaining a desired thermal level of operation. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Humpert, as taught by Qureshi, for the purpose of maintaining a desired thermal level of operation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kalyanavenkateshware Kumar whose telephone number is (571)272-8102. The examiner can normally be reached on M-F 08:00-16:30.
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, Michael McCullough can be reached on 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.K./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653