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 Objections
Claims 2 and 3 are objected to because of the following informalities:
Claim 2 recites “wherein data received through the redirection element”. It appears “data” should be “the image data” for proper antecedent basis.
Similarly, claim 3 recites “the data”. As such, it appears “the data” should be “the image data” for proper antecedent basis
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,387,071 in view of Barkan et al. (US 2022/0076545).
INSTANT CLAIM(S)
PATENTED CLAIM(S)
1. An imaging system, comprising: an imaging assembly configured to capture image data of an environment appearing in a field of view (FOV) via a plurality of pixels; and a platter including a window and a redirection element disposed within a path of a portion of the FOV such that the redirection element redirects the portion of the FOV to pass through the platter to a portion of the platter separate from the window.
1. A platter for use with a bi-optic barcode reader comprising: a substantially planar surface configured to face a product scanning region of the bi-optic reader when the platter is installed in the bi-optic barcode reader; a transparent window positioned within the substantially planar surface; and an optical redirection element, wherein, when the platter is installed in the bi-optic barcode reader, the optical redirection element is positioned within a path of a field of view (FOV) such that a first portion of the FOV passes through the window and a second portion of the FOV is redirected, by the optical redirection element, away from the first portion of the FOV, wherein the FOV is at least one of an imaging FOV and an illumination FOV.
2. The platter of claim 1, wherein the second portion of the imaging FOV is redirected through the platter and is projected at least one of (i) above the platter or (ii) into the product scanning region of the bi-optic barcode reader from at least one location at a periphery of the platter.
The patented claims fail to expressly recite the barcode reader (imaging assembly) performed via pixels.
It is well known in the art for a barcode reader to capture image data via pixels, as taught by Barkan et al. ([0026]).
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 imaging assembly to capture image data via pixels in order to predictably read a barcode with the bi-optic barcode reader.
Examiner’s Remarks
With respect to claim(s) 1-11, the examiner makes no prior art rejection. However, these claims are not allowable pursuant to the pending Double Patenting rejection.
With respect to claim 1, prior art fails to teach or reasonably suggest, either singly or in combination, a redirection element disposed within a path of a portion of the FOV such that the redirection element redirects the portion of the FOV to pass through the platter to a portion of the platter separate from the window, in addition to the other limitations of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Barkan et al. (US 2021/0150162) discloses an imaging system, comprising: an imaging assembly configured to capture image data of an environment appearing in a field of view (FOV) via a plurality of pixels; and a platter including a window and a redirection element (120, 130) disposed within a path of a portion of the FOV ([0023]-[0027], Figs. 2 and 6). Barkan et al. fails to expressly disclose the redirection element redirects the portion of the FOV to pass through the platter to a portion of the platter separate from the window.
Barkan et al. (US 2024/0037358) discloses an imaging assembly at a distal end of a weigh platter ([0020], Fig. 2)
Barkan et al. (US 2025/0045544) discloses an imaging assembly at a distal end of a weigh platter ([0037]).
Olmstead et al. (US 2010/0282850) discloses imaging scanner-scale having an imaging assembly at a distal end of a weigh platter ([0054], [0055], Fig. 2).
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/SUEZU ELLIS/Primary Examiner, Art Unit 2876