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 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(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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(a) 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 1-4 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sörvik (US 9485922) in view of Sörvik (US20210144936, hereinafter Bengt).
Re 1 and 4, Sörvik discloses a method (col 9 ln 41-43) of dynamically encoding information and applying a code to a material (4, col 1 ln 38-53), comprising: entering the information to be encoded into an encoding module in the form of a string characters (col 5 ln 58-col 6 ln 5), which the encoding module sets the individual rotation angle (col 6 ln 36-38) of some of the individual isolated markers (70, 171) arranged side by side, in columns and rows (Fig 11, col 10 ln 61-col 11 ln 2); wherein the markers, rotated by their individual angle, are applied to the material to be marked by embossing, stamping or hot-stamping (Fig 6, col 8 ln 10-27, col 10 ln 32-60); wherein one of the individual isolated markers is a dot mark (75, col 11 ln 3-13); and wherein after applying the code to the material, the code contains features characterizing the material, which includes a shape and position of elements, patterns and structure of the material (col 3 ln 36-57).
Sörvik fails to disclose the encoding module converts into hexadecimal form and sets the individual rotation angle of all of the individual isolated markers; and a photo of the material with the code is taken, and sending the photo to a decoding module.
However, Bengt teaches a method for handling logs, wherein the method comprises the following steps: generating a unique code at a first moment; establishing, by means of a position determining device, position information as to the geographical position of a portable, hand-held log marking tool (1) at said first moment; applying the code as a corresponding code marking on a log by means of the log marking tool at a second moment and automatically establishing a time value representing the time elapsed between said first moment and said second moment ; and storing the code as an authenticated code in a database associated to the position information (Abstract, Fig 1, 3, 5). The code marking (3) is achieved by means of adjustable marking elements (7, 7′) arranged on the striking head (5). Each adjustable marking element (7, 7′) is connected to an associated setting member (8, 8a, 8b) arranged on the striking head in order to allow the positions of the adjustable marking elements (7, 7′ ) to be set and thereby allow a unique code marking of a desired configuration to be achieved (par 38, 44, 45). Each adjustable marking element (7, 7′) is configured to apply a rotationally unsymmetrical mark on a log and is settable in different rotational positions in relation to the other adjustable marking elements (7, 7′) on the striking head (5), each adjustable marking element (7) is rotatable about its longitudinal axis and configured to apply an arrow-shaped mark or any other suitable shape in order to form a rotationally unsymmetrical mark of a desired shape on a log (par 39-40). Each adjustable marking element (7, 7′) is preferably arranged to be rotated step by step with a given rotational angle 22.5° between each step (par 42). Data characteristic for a marked log (4) is with advantage stored in the database containing the authenticated code or in another database, wherein the characteristic data is stored associated to the authenticated code. Information related to a marked log( 4) can hereby be retrieved in connection with a later reading of the code marking (3) on the log by a camera or external equipment (par 57).
Given the teachings of Bengt, 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 method of encoding information and decoding information of Sörvik with the encoding module converts into hexadecimal form and sets the individual rotation angle of all of the individual isolated markers; and a photo of the material with the code is taken, and sending the photo to a decoding module.
Doing so it will be possible to establish the place of origin of a marked log by reading the code marking applied on the log. An authenticated code verifies that the captured associated code marking was applied on the log after the moment when the code was retrieved or generated and the position of the log marking tool was established, which implies that the log must have been in the vicinity of this position when the code marking was applied on the log by means of the log marking tool. The correctness of the position information associated with a specific code marking on a log is hereby verified. The uniqueness of the code marking being applied by a rotationally unsymmetrical mark and is settable in different rotational positions in relation to the other marking elements.
Re 2, Sörvik as modified by Bengt teaches, wherein geo-localization, date and time data from a satellite receiver are provided as inputs into the encoding module, which inputs constitute the information which is encoded and applied to the material (Sörvik col 1 ln 10-25; Bengt par 33, 46).
RE 3 Sörvik as modified by Bengt teaches, wherein the individual isolated markers (171) comprise a letter "L" as a coding symbol (Sörvik col 6 ln 17-35, Fig 11, Bengt Fig 1, 3, 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christle I. Marshall whose telephone number is (571) 270-3086. The examiner can normally be reached on Monday – Friday 7:30AM - 4:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached on (571) 272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christle I Marshall/
Primary Examiner, Art Unit 2876