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 .
Election/Restrictions
Claims 18-29 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected laser processing apparatus, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/06/26. In response to Applicant’s arguments regarding the aforementioned restriction, it is respectfully submitted that the arguments presented are conclusory, and as such, the Examiner’s position regarding the subject restriction requirement is maintained.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 as follows:
“first light output module”: “the first light output module 210 is implemented as a laser or another device configured to emit a laser beam for processing, the laser emitted from the first light output module 210 is focused to form the focal point. The energy is highest at the focal point, making it more effective for engraving, cutting, or marking the workpiece. To achieve better processing performance, the focal point of the first light output module 210 is typically adjusted to be located on the processing surface of the workpiece. In order to visually adjust the focus of the laser, during installation and calibration of the laser processing apparatus 200, it is preset that when the distance between the first light spot 212 and the second light spot 222 on the processing surface of the workpiece reaches the smallest distance, the focal point of the first light output module 210 is positioned on the surface of the workpiece.”, para. [0072]
“second light output module”: “the first light output module 210 and the second light output module 220 may be arranged as separate components or integrated into a single laser head 230. Accordingly, the first light output module 210 is individually controlled to move upward or downward to capture the plurality of images including the first light output module 210 and the second light output module 220 at different distances. In some embodiments, the first light output module 210 and the second light output module 220 are optionally moved upward or downward together to capture the plurality of images of the workpiece, each image including the first light spot 212 and the second light spot 222 at different distances. In this case, the emission direction of the first light spot 212 from the first light output module 210 is perpendicular to the surface of the processing platform 100, and the emission direction of the second light spot 222 from the second light output module 220 forms an inclination angle with the surface of the processing platform 100. The first light output module 210 and the second light output module 220 are configured as an integrated structure or arranged as separate independent structures.”, para. [0056].
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.
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 § 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 (i.e., changing from AIA to pre-AIA ) 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, 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 1-6, 8, 9, 13-17, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Anshan (CN 204430557) in view of Zhong et al. (US 2023/0191536).
With regard to claim 1, Anshan teaches An automatic focusing method for a laser processing apparatus (“a kind of laser beam automatic focusing mechanism”, Title), the laser processing apparatus comprising a first light output module (3) and a second light output module (4), the first light output (3) module being configured to emit a light spot for laser processing (reference red light source”), and the second light output module (4) being configured to emit a light spot for indication (“auxiliary red light source”), the automatic focusing method comprising: controlling the first light output module (3) to emit a first light spot onto a workpiece (workpiece on 1) (“In order to facilitate the automatic adjustment of the focus of the laser 2, the reference red light source 3 is located on the end face of the laser 2, so that the reference red light source 3 and the emitting end face of the laser 2 remain on the same horizontal plane, further, the reference red light source 3 The emission direction is perpendicular to the bottom platform 1”), and controlling the second light output module (4) to emit a second light spot onto the workpiece (workpiece on 1) (“When the irradiation direction of the reference red light source 3 and the irradiation direction of the auxiliary red light source 4 keep intersecting, autofocus can be realized, but in order to facilitate the installation of the mechanism, the irradiation direction of the reference red light source 3 and the auxiliary red light source 4 The included angle between the irradiation directions is an acute angle, so that the auxiliary red light source 4 can be installed in a relatively close position, saving installation space and simplifying the structure.”); controlling the first light output (2) module to move downward (“The lifting device 7 is used to drive the laser 2 to move up and down under the control of the controller”), and
Anshan does not teach acquiring a plurality of images of the workpiece at different distances, each of the plurality of images including the first light spot and the second light spot; and determining, based on the plurality of images, a distance between a processing surface of the workpiece and the first light output module or a thickness of the workpiece; however, Zhong from the same field of endeavor directed toward a system and method for calibrating laser processing parameters teaches the aforementioned limitations: “S1: positioning the laser module at a first height from the work platform, and capturing with the camera module an image of a first light spot projected on the work platform by the visible-light emitter, to obtain a first position data of the first light spot on an image plane of a lens of the camera module at the first height; S2: positioning the laser module at a second height from the work platform different from the first height, and capturing with the camera module an image of a second light spot projected on the work platform by the visible-light emitter, to obtain a second position data of the second light spot on an image plane at the second height; and S3: obtaining, according to a theorem of similar triangles, a conversion formula of an actual distance hx from the laser module to a surface of the material to be processed which is placed on the work platform, and plugging at least the first position data and the second position data into the conversion formula..”, cl. 1).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Anshan reference, to include acquiring a plurality of images of the workpiece at different distances, each of the plurality of images including the first light spot and the second light spot; and determining, based on the plurality of images, a distance between a processing surface of the workpiece and the first light output module or a thickness of the workpiece, as suggested and taught by Zhong, for the purpose of providing a distance between a laser module and a workpiece upper surface (Zhong: cl. 1).
With regard to claim 2, Zhong teaches the step of determining, based on the plurality of images, a distance between a processing surface of the workpiece and the first light output module or a thickness of the workpiece comprises: obtaining one of the plurality of images as a target image that corresponds to a smallest distance (FIG. 2 illustrates a smallest distance between O2 and O1) between the first light spot (O1) and the second light spot (O2) (the step S1 comprises: moving the laser module to the first height, h1 from the work platform in the z-axis direction, and capturing with the camera module a first light spot position O1 projected on the work platform by the visible light emitted by the visible-light emitter, to obtain a distance s1′ from an image point O1′ corresponding to the first light spot position O1 on the image plane to a vertical line at the center of the lens of the camera module; the step S2 comprises: moving the laser module to the second height, h2 from the work platform in the z-axis direction without changing the x-axis and y-axis coordinate parameters of the laser module, and capturing with the camera module a second light spot position O2 projected on the work platform by the visible light emitted by the visible-light emitter, to obtain a distance s2′ from an image point O2′ corresponding to the second light spot position O2 on the image plane to the vertical line at the center of the lens of the camera module; the step S3 comprises: plugging data of the first height h1, the second height h2, the distance s1′ and the distance s2′ into the conversion formula of the actual distance hx obtained according to theorem of similar triangles.”, para. [0013])“; and determining, based on the target image, a distance between a processing surface of the workpiece and the first light output module or a thickness of the workpiece (“the step S5 further comprises obtaining a thickness T of the material to be processed by the following formula: T = h1-hx.”, cl. 6).
With regard to claim 3, Anshan teaches after the step of determining, based on the plurality of images, a distance between a processing surface of the workpiece and the first light output module or a thickness of the workpiece, the automatic focusing method further comprises: adjusting a focal point of the first light output module (3) based on the distance between the processing surface of the workpiece (upper surface of 1) and the first light output module or the thickness of the workpiece to position the focal point on the processing surface (“the relationship between the light spots projected by the reference red light source 3 and the auxiliary red light source 4 can be matched with the height of the focal point, and the height of the focal point can be automatically controlled by the controller, so that the laser 2 can be automatically focused on the bottom platform 1.”).
With regard to claim 4, Anshan teaches the step of adjusting the focal point of the first light output module based on the distance between the processing surface of the workpiece and the first light output module to position the focal point on the processing surface comprises: determining a movement distance of the first light output module based on the distance between the processing surface of the workpiece and the first light output module; and controlling the first light output module (3) to move upward or downward to adjust the focal point, so as to position the focal point on the processing surface (upper surface of 1) (“the relationship between the light spots projected by the reference red light source 3 and the auxiliary red light source 4 can be matched with the height of the focal point, and the height of the focal point can be automatically controlled by the controller, so that the laser 2 can be automatically focused on the bottom platform 1.”).
With regard to claim 5, Zhong teaches the step of adjusting the focal point of the first light output module based on the thickness of the workpiece to position the focal point on the processing surface comprises: determining a movement distance of the first light output module based on the thickness of the workpiece; and controlling the first light output module to move upward or downward to adjust the focal point, so as to position the focal point on the processing surface (“the calculated height of the material to be processed can be directly used to adjust the focal length, as described in detail below.”, para. [0075]; “Based on the above, with the assistance of the camera and the visible-light emitter, the thickness of the material to be processed can be finally obtained, and thus the laser processing parameters are calculated, such as the focal length of the laser can be compensated. After focal length compensation, it is possible to focus automatically and accurately.”, para. [0136]).
With regard to claim 6, Zhong teaches the step of determining, based on the target image, a distance between a processing surface of the workpiece and the first light output module or a thickness of the workpiece comprises: calculating the distance (hx) between the processing surface of the workpiece and the first light output module or the thickness of the workpiece based on position information of the first light spot in the target image (“The processor of the automatic control system can be programmed to further perform automatically the step S4 for obtaining the laser processing parameters after the calibration: placing the material to be processed on the work platform of the laser processing device, and capturing with the camera module the light spot projected on the surface of the material to be processed which is placed on the work platform by the visible-light emitter at the first height h1 from the work platform, to obtain a distance sx′ from the image point imaged on the image plane by the light spot projected on the material to be processed by the visible-light emitter to the vertical line at the center of the lens of the camera module; and S5: calculating the actual distance hx by using the conversion formula and obtaining a thickness T of the material to be processed by the following formula: T = h1-hx.”, para. [0144]).
With regard to claim 8, Zhong teaches the step of determining, based on the target image, a distance between a processing surface of the workpiece and the first light output module or a thickness of the workpiece comprises: determining the distance between the processing surface of the workpiece and the first light output module based on a descending distance of the first light output module corresponding to the target image (“storing in the memory a conversion formula of an actual distance hx from the laser module to a surface of the material to be processed which is placed on the work platform obtained according to theorem of similar triangles. The processor is programmed to perform the following steps automatically: plugging data of the first height h1, the second height h2, the distance s1′ and the distance s2′ into the conversion formula of the actual distance hx obtained according to theorem of similar triangles.”, para. [0139].
With regard to claim 9, Zhong teaches the step of determining, based on the plurality of images, the thickness of the workpiece comprises: determining the distance between the processing surface of the workpiece and the first light output module based on a descending distance of the first light output module corresponding to the target image, and determining the thickness of the workpiece based on the distance between the processing surface of the workpiece and the first light output module (“calculating the actual distance hx from the laser module to a surface of the material to be processed which is placed on the work platform, and obtaining a thickness T of the material to be processed by the following formula: T = h1-hx.”).
With regard to claim 13, Zhong teaches the first light spot and the second light spot have different colors (“The laser can be of any desired wavelength, including, for example, microwaves, lasers, infrared lasers, visible lasers, UV lasers, X-ray lasers, gamma-ray lasers, and the like.”, para. [0052]).
With regard to claim 14, Anshan teaches the processing light spot is used to effect a change in the workpiece (light spot identifies a location on a workpiece), and with regard to the limitation of a processing light spot emitted by the first light output module has a higher power than the first light spot, it is submitted that although the citation does not teach this explicit limitation, such an adaptation would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art as a matter of routine experimentation and/or as a result-effective variable to provide enhanced identification of the subject spot due to the higher intensity with the higher power value.
With regard to claim 15, although the citation does not teach the first light output module and the second light output module move upward or downward simultaneously, it is submitted that such an adaptation would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art as an obvious rearrangement of parts by moving the element 4 from the rack 6 to be included with laser 2 along with element 3 to confirm the location of the beam from element 4.of Anshan.
With regard to claim 16, Anshan teaches projection directions of the first light spot and the second light spot intersect (“the irradiation direction of the reference red light source intersects with the irradiation direction of the auxiliary red light source”; “When the irradiation direction of the reference red light source 3 and the irradiation direction of the auxiliary red light source 4 keep intersecting, autofocus can be realized, but in order to facilitate the installation of the mechanism, the irradiation direction of the reference red light source 3 and the auxiliary red light source 4 The included angle between the irradiation directions is an acute angle, so that the auxiliary red light source 4 can be installed in a relatively close position, saving installation space and simplifying the structure.”).
With regard to claim 17, Anshan teaches the first light spot is emitted in a direction perpendicular to a surface of the processing platform, and the second light spot is emitted in a direction forming an inclination angle with respect to the surface of the processing platform (“the irradiation direction of the reference red light source intersects with the irradiation direction of the auxiliary red light source”; “When the irradiation direction of the reference red light source 3 and the irradiation direction of the auxiliary red light source 4 keep intersecting, autofocus can be realized, but in order to facilitate the installation of the mechanism, the irradiation direction of the reference red light source 3 and the auxiliary red light source 4 The included angle between the irradiation directions is an acute angle, so that the auxiliary red light source 4 can be installed in a relatively close position, saving installation space and simplifying the structure.”).
With regard to claim 30, the combined teachings of Anshan and Zhong teaches A non-transitory computer-readable storage medium storing instructions that, when executed by a processor, cause the processor to perform steps of an automatic focusing method according to claim 1, as the structure of the claimed device is taught by the combination of prior art citations and the functional language of claim 30 does not impart any structural change as all processors are known to be programmable (see MPEP 2114 (IV). .
Allowable Subject Matter
Claims 7 and 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (e.g., regarding claim 7: a new independent claim that includes ALL of the limitations of claims 7, 6, 2, and 1; regarding claim 10, a new independent claim which includes ALL of the limitations of claims 10, 2, and 1; regarding claim 11, a new independent claim which includes ALL of the limitations of claims 11, 2, and 1; regarding claim 12, a new independent claim which includes ALL of the limitations of claims 12, 11, 2, and 1;).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on M-F: 09:00-17:00 EST.
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/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761