DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied 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.
4. Claims 1-2, 4-6, 8-10, and 13 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US Patent/Publication 2004/0103194).
Regarding claim 1, Tanaka discloses a medical care apparatus that scans a three-dimensional shape (Tanaka, para’s 0006-0008 and 0022, a medical treatment device that scans a three-dimension object), comprising:
a housing; a lens (Tanaka, para’s 0020-0025, a housing and a lens);
a first drive configured to apply, by a first magnetic circuit, a force to the lens in a first linear motion direction to cause the lens to move in a first linear motion in the first linear motion direction (Tanaka, para’s 0020-0025, the medical treatment device comprises a first object, a first drive unit that drives the first object, and a plurality of first linear guides that guide the first object so that the first object driven by the first drive unit moves in a linear direction, the plurality of first linear guides being arranged at different positions on the outer periphery of the first object, and between the first object and each of the plurality of first linear guides, a plurality of first support portions provided on the first object side and a first retaining portion provided on each of the plurality of first linear guides are fitted together with play);
a counterweight having a first mass (Tanaka, para’s 0020-0025, a counterweight 91 inside the housing 77 for counteracting the vibration. The mass of the counterweight 91 is driven by a second drive unit 90 and moves linearly back and forth in a direction opposite to the lens 81);
a second drive configured to apply, by a second magnetic circuit, a force to the counterweight in a second linear motion direction on a same linear line as the first linear motion direction to cause the counterweight to move in a second linear motion in the second linear motion direction (Tanaka, para’s 0020-0025, a second drive unit 90 for driving the counterweight 91 that moves linearly back and forth in a direction opposite to the lens 81); and
a controller configured to control driving of each of the first drive and the second drive, wherein the controller causes the counterweight to move in a motion in a relative direction with respect to the lens (Tanaka, para’s 0022 and 0030, control unit 40 for controlling the first driving unit 80 and the second driving unit 90. In this embodiment, the first drive unit 80 and the second drive unit 90 are each controlled by a common control unit 40, but the first drive unit 80 and the second drive unit 90 may each be controlled by different control units).
Although Tanaka does not explicitly disclose:
the counterweight having the first mass that is N times (N > 1) a second mass of the lens; wherein the controller causes the counterweight to move in a motion in a relative direction with respect to the lens at a first driving amplitude that is (1/N) times a second driving amplitude of the lens.
Tanaka further discloses (see para. 0091), the three-dimensional scanner 100 of this embodiment comprises a housing 77, a lens 81, a first drive unit 80 that moves the lens 81 in a linear manner, a counterweight 91 that is arranged on a line Lin the linear motion direction of the lens 81 and has the same mass as the lens 81, a second drive unit 90 that moves the counterweight 91 in a linear manner, linear guides 60, 65 that support the lens 81 and counterweight 91 so that they move in a linear manner, and a control unit 40 that controls the first drive unit 80 and the second drive unit 90, and the control unit 40 controls the first drive unit 80 and the second drive unit 90 so that the lens 81 and the counterweight 91 move in a linear manner by the same distance in opposing directions. It is noted that parameter N as recited in the claim can be a number greater than 1 by an insignificant amount, for example 1.000001; therefore, it is obvious that the mass of the counterweight can be different, i.e., N time, the mass of the lens, and to achieve static equilibrium between the torque of the lens and the torque of the counterweight as known in the art, the counterweight should move in a motion in a relative direction with respect to the lens at a first driving amplitude that is (1/N) times a second driving amplitude of the lens).
Regarding claim 2, Tanaka discloses the medical care apparatus according to claim 1, wherein at least one of the first drive and the second drive includes an elastic member that provides resiliency in a direction of linear motion (Tanaka, para. 0105, the first driving unit 80 includes a spring 55 a that applies elastic force in the linear motion direction of the lens 81. Similarly, the second driving unit 90 includes a spring that applies elastic force to the counterweight 91 in the linear motion direction).
Regarding claim 4, Tanaka discloses the medical care apparatus according to claim 2, wherein the elastic member is a coil spring, and an inner diameter of the coil spring is an optical path of the lens (Tanaka, para. 0040, the springs 55a and 55b arranged in this manner provide an elastic force to the lens 81 in the direction of linear movement. The diameter of each of the springs 55a and 55b may be approximately the same as the diameter of the lens 81 so that the lens 81 can be sandwiched and fixed between the two springs; para. 0036, the X axis represents the longitudinal direction of handpiece 70, the Y axis represents the width direction of handpiece 70, and the Z axis represents the height direction of handpiece 70. It should be noted that the X axis direction is parallel to the optical axis of a lens 81).
Regarding claim 5, Tanaka discloses the medical care apparatus according to claim 1, wherein the controller drives the first drive and the second drive at a same drive frequency (Tanaka, para’s 0020-0025, the medical treatment device comprises a first object, a first drive unit that drives the first object, and a plurality of first linear guides that guide the first object so that the first object driven by the first drive unit moves in a linear direction, the plurality of first linear guides being arranged at different positions on the outer periphery of the first object, and between the first object and each of the plurality of first linear guides, a plurality of first support portions provided on the first object side and a first retaining portion provided on each of the plurality of first linear guides are fitted together with play; para’s 0020-0025, a counterweight 91 inside the housing 77 for counteracting the vibration. The mass of the counterweight 91 is driven by a second drive unit 90 and moves linearly back and forth in a direction opposite to the lens 81; para. 0091, the three-dimensional scanner 100 of this embodiment comprises a housing 77, a lens 81, a first drive unit 80 that moves the lens 81 in a linear manner, a counterweight 91 that is arranged on a line Lin the linear motion direction of the lens 81 and has the same mass as the lens 81, a second drive unit 90 that moves the counterweight 91 in a linear manner, linear guides 60, 65 that support the lens 81 and counterweight 91 so that they move in a linear manner, and a control unit 40 that controls the first drive unit 80 and the second drive unit 90, and the control unit 40 controls the first drive unit 80 and the second drive unit 90 so that the lens 81 and the counterweight 91 move in a linear manner by the same distance in opposing directions; para’s 0105-0106, each of the springs applies elastic force in the linear motion direction of the lens 81 and elastic force to the counterweight 91 in the linear motion direction respectively, and allows the lens 81 or counterweight 91 to vibrate by utilizing the resonance phenomenon caused by the response of a motion system consisting of the inertial force of the lens 81, the elastic force of the springs, and the viscous force of the damper, thereby reducing power consumption and improving efficiency; it is considered as design option to have the controller driven the first drive and the second drive at a same drive frequency).
Regarding claim 6, Tanaka discloses the medical care apparatus according to claim 1, wherein the first drive has a higher resonance frequency than the second drive (Tanaka, para’s 0020-0025, the medical treatment device comprises a first object, a first drive unit that drives the first object, and a plurality of first linear guides that guide the first object so that the first object driven by the first drive unit moves in a linear direction, the plurality of first linear guides being arranged at different positions on the outer periphery of the first object, and between the first object and each of the plurality of first linear guides, a plurality of first support portions provided on the first object side and a first retaining portion provided on each of the plurality of first linear guides are fitted together with play; para’s 0020-0025, a counterweight 91 inside the housing 77 for counteracting the vibration. The mass of the counterweight 91 is driven by a second drive unit 90 and moves linearly back and forth in a direction opposite to the lens 81; para. 0091, the three-dimensional scanner 100 of this embodiment comprises a housing 77, a lens 81, a first drive unit 80 that moves the lens 81 in a linear manner, a counterweight 91 that is arranged on a line Lin the linear motion direction of the lens 81 and has the same mass as the lens 81, a second drive unit 90 that moves the counterweight 91 in a linear manner, linear guides 60, 65 that support the lens 81 and counterweight 91 so that they move in a linear manner, and a control unit 40 that controls the first drive unit 80 and the second drive unit 90, and the control unit 40 controls the first drive unit 80 and the second drive unit 90 so that the lens 81 and the counterweight 91 move in a linear manner by the same distance in opposing directions; para’s 0105-0106, each of the springs applies elastic force in the linear motion direction of the lens 81 and elastic force to the counterweight 91 in the linear motion direction respectively, and allows the lens 81 or counterweight 91 to vibrate by utilizing the resonance phenomenon caused by the response of a motion system consisting of the inertial force of the lens 81, the elastic force of the springs, and the viscous force of the damper, thereby reducing power consumption and improving efficiency; it is considered as design option to have the first drive having a higher resonance frequency than the second drive).
Regarding claim 8, Tanaka discloses the medical care apparatus according to claim 1, wherein the first magnetic circuit and the second magnetic circuit each include a magnet, a coil, and a yoke (Tanaka, para. 0118, a magnetic circuit configuration 85a including a coil 52a and a yoke are arranged between linear guide 60a and linear guide 60b, a magnetic circuit configuration 85b including a coil 52b and a yoke are arranged between linear guide 60b and linear guide 60c, and a magnetic circuit configuration 85c including a coil 52c and a yoke Slc are arranged between linear guide 60c and linear guide 60a. Furthermore, these linear guides 60a, 60b, and 60c may be arranged parallel to each other in positions where they are rotationally symmetrical, with an axis (straight line L) that is parallel to the linear motion direction of lens 81 and passes through the center of lens 81 as the rotation axis, so that the moments acting on each linear guide are canceled out).
Regarding claim 9, Tanaka discloses the medical care apparatus according to claim 1, wherein the medical care apparatus is of a handheld type (Tanaka, para. 0011, the three-dimensional scanner 100 includes a handpiece 70, a control unit 40, a display unit 50, and a power supply 45. The handpiece 70 is a handheld member and includes the probe 10, a connection portion 20, and an optical measurement portion 30).
Regarding claim 10, Tanaka discloses the medical care apparatus according to claim 1, wherein both the first drive and the second drive include an elastic member that provides resiliency in a direction of linear motion (Tanaka, para’s 0105-0106, each of the springs applies elastic force in the linear motion direction of the lens 81 and elastic force to the counterweight 91 in the linear motion direction respectively, and allows the lens 81 or counterweight 91 to vibrate by utilizing the resonance phenomenon caused by the response of a motion system consisting of the inertial force of the lens 81, the elastic force of the springs, and the viscous force of the damper).
Claim 13 is rejected for similar reasons as discussed in claim 1; Tanaka further discloses control circuitry (see Tanaka, para. 0040, circuitry of CVPU 34 serving as controller 40).
5. Claims 3 and 11-12 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Tanaka, as applied to claims 2 and 10 above, in view of Wang (English Translation of Chinese Publication CN 105511048 04-2016).
Regarding claim 3, Tanaka discloses the medical care apparatus according to claim 2.
Tanaka does not explicitly disclose but Wang discloses wherein the first drive includes the elastic member in front of and behind the lens in the first linear motion direction (Wang, para’s 0008-0009, the lens driving device utilizes the electromagnetic induction of a magnet to cause the lens support, positioned in the middle of the magnetic yoke ring, to be displaced by a parallel electromagnetic force. Simultaneously, the front and rear springs positioned on the lens support generate a reaction force. When the electromagnetic force and the spring force acting on the lens support reach equilibrium, the lens support remains in a certain position. That is, the electromagnetic force generated after the coil is energized counteracts the force of the front and rear springs, driving the lens support to move towards the optical axis. Although the front spring and the rear spring limit the movement of the lens support, they provide resistance to bumps and impacts).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Wang’s features into Tanaka’s invention for providing a high-quality medical device by providing a lens support design that reduces vibration.
Regarding claim 11, Tanaka discloses the medical care apparatus according to claim 2.
Tanaka does not explicitly disclose but Wang discloses wherein the second drive includes the elastic member in front of and behind the counterweight in the second linear motion direction (Wang, para’s 0008-0009, the lens driving device utilizes the electromagnetic induction of a magnet to cause the lens support, positioned in the middle of the magnetic yoke ring, to be displaced by a parallel electromagnetic force. Simultaneously, the front and rear springs positioned on the lens support generate a reaction force. When the electromagnetic force and the spring force acting on the lens support reach equilibrium, the lens support remains in a certain position. That is, the electromagnetic force generated after the coil is energized counteracts the force of the front and rear springs, driving the lens support to move towards the optical axis. Although the front spring and the rear spring limit the movement of the lens support, they provide resistance to bumps and impacts).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Wang’s features into Tanaka’s invention for providing a high-quality medical device by providing a lens support system for counteracting vibration.
Regarding claim 12, Tanaka discloses the medical care apparatus according to claim 10, wherein the first drive configured to apply a force to the lens in a first linear motion direction to cause the lens to move in a second linear motion in the first linear motion direction (Tanaka, para’s 0020-0025, the medical treatment device comprises a first object, a first drive unit that drives the first object, and a plurality of first linear guides that guide the first object so that the first object driven by the first drive unit moves in a linear direction, the plurality of first linear guides being arranged at different positions on the outer periphery of the first object, and between the first object and each of the plurality of first linear guides, a plurality of first support portions provided on the first object side and a first retaining portion provided on each of the plurality of first linear guides are fitted together with play), and the second drive configured to apply a force to the counterweight in a second linear motion direction on a same linear line as the first linear motion direction to cause the counterweight to move in a second linear motion in the second linear motion direction (Tanaka, para’s 0020-0025, a second drive unit 90 for driving the counterweight 91 that moves linearly back and forth in a direction opposite to the lens 81).
Tanaka does not explicitly disclose but Wang discloses wherein the first drive includes the elastic member in front of and behind the lens, and the second drive includes the elastic member in front of and behind the counterweight (Wang, para’s 0008-0009, the lens driving device utilizes the electromagnetic induction of a magnet to cause the lens support, positioned in the middle of the magnetic yoke ring, to be displaced by a parallel electromagnetic force. Simultaneously, the front and rear springs positioned on the lens support generate a reaction force. When the electromagnetic force and the spring force acting on the lens support reach equilibrium, the lens support remains in a certain position. That is, the electromagnetic force generated after the coil is energized counteracts the force of the front and rear springs, driving the lens support to move towards the optical axis. Although the front spring and the rear spring limit the movement of the lens support, they provide resistance to bumps and impacts).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Wang’s features into Tanaka’s invention for providing a high-quality medical device by providing a lens support system for counteracting vibration.
6. Claim 7 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Tanaka, as applied to claim 1 above, in view of Dirisio (US Publication 20170135652).
Regarding claim 7, Tanaka discloses the medical care apparatus according to claim 1.
Tanaka does not explicitly disclose but Dirisio discloses, wherein the first driving amplitude of the counterweight is greater than or equal to (1/20) times the second driving amplitude of the lens and less than 1 times the second driving amplitude of the lens (Dirisio, para. 0146, the detector weight support arm 310 is configured to limit the detector 24 motion during scanning of the scan volume 228 to less than ½, ⅕ or 1/10 of the motion of the counterweight 382 allowed by the counterweight support arm 320 during scanning of the scan volume 228. In one embodiment, the detector weight support arm 310 can connect the detector 24 to the source 22 (e.g., gantry 336) such that less than 5 mm, less than 3 mm or less than 1 mm of motion is created at the detector 24 (e.g., or relative motion between the source 22 and the detector 24) during scanning of the scan volume 228. In one embodiment, the counterweight support arm 320 connects the counterweight 382 to the source 22 (e.g., gantry 336) such that less than 12 mm, less than 8, or less than 3 mm of motion is created at the counterweight 382 during scanning of the scan volume 228. It is well known in the art that balancing a force in the design of mechanical device relies on the principle of moments, where the torque generated by the load is perfectly offset by the torque of the counterweight. The relationship between the load torque and the counterweight torque is based on the principle of static equilibrium wherein the force that is based on distance of the load from the pivot point and the mass of the load equates the torque that is based on the distance of the counterweight from the pivot point and the mass of the counterweight).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Dirisio’s features into Tanaka’s invention for providing a high-quality medical device by providing a lens support system for counteracting vibration.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOI H TRAN whose telephone number is (571)270-5645. The examiner can normally be reached 8:00AM-5:00PM PST FIRST FRIDAY OF BIWEEK OFF.
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/LOI H TRAN/ Primary Examiner, Art Unit 2484
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