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 § 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 1 line 14-15: these claims each is claiming a method. However, it is unclear as to what are the steps to be executed or performed in the methods. Correction is required.
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 (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 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.
Claim(s) 1-4, 6, 8-16, 21-24, 26-27 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Muller (US 2022/0327798)
Muller discloses
1. An optoelectronic sensor (10) for detecting and/or reading barcodes, said optoelectronic sensor comprising
a pixel array (34a) that is configured to receive light transmitted from a field of view as reception light and to obtain reception data about the field of view in so doing (par. 45); and
a processing unit (44) that is configured to use only obtained reception data about a reading zone in the field of view,
wherein the reception data about the reading zone are based on reception light received by means of a partial zone of the pixel array (par. 41, 47, 55-56, 58, 63: Only the region of interest 74 corresponding to the higher object 54b recorded in focus is read … regions of no interest 76 are not read)
2.1, wherein the pixel array is configured to activate and/or read only pixels in the partial zone of the pixel array for the receiving of the reception light (par. 63).
3.1, further comprising an illumination unit that is configured to transmit transmission light into the field of view, wherein the pixel array is configured to receive transmission light reflected from the field of view as reception light and to obtain the reception data about the field of view in so doing (par. 43-45).
4.3, wherein the illumination unit comprises at least one row and/or column of light sources (par. 43: LEDs or laser diodes are arranged around the reception path, in ring form).
6.3, wherein the light sources are individually settable in their illumination intensity, wherein the light sources are controlled such that the transmission light is projected and/or focused onto the reading zone by setting the illumination intensity of the light sources (par. 13, 17, 43: plurality of light sources such as LEDs or laser diodes … to adapt parameters of the illumination unit 26 such as its color, intensity, and direction).
8.1, wherein the pixel array comprises columns and/or rows of pixels, wherein the pixel array is configured to receive the reception light with a number of rows and/or a number of columns (par. 45).
9.8, wherein the pixel array is configured to receive reception light with a first row region of the pixel array, wherein the first row region comprises a first number of rows, and to subsequently receive reception light with a second row region of the pixel array, wherein the second row region comprises a second number of rows, wherein the second row region is different from the first row region (Fig. 7, [0065] It is thus possible to generate a first recording with a focal position 78 for the higher object 54b and directly thereafter, at least as long as the lower object 54a is still in the detection zone 14, a second recording after a refocusing and thus adaptation of the focal position 78 to the lower objects 54a).
10.9, wherein the second row region is only partly overlapping or not overlapping with the first row region; and/or wherein the second row region adjoins the first row region (par. 45: m x n pixel array can be virtually divided into contiguous or non-overlapping regions).
11.9, wherein the pixel array is configured to receive reception light from a first reading zone with the first row region of the pixel array and to obtain a first reception data set about the first reading zone in so doing, and to subsequently receive reception light from a second reading zone with the second row region of the pixel array and to obtain a second reception data set about the second reading zone in so doing (Fig. 7, [0065] It is thus possible to generate a first recording with a focal position 78 for the higher object 54b and directly thereafter, at least as long as the lower object 54a is still in the detection zone 14, a second recording after a refocusing and thus adaptation of the focal position 78 to the lower objects 54a).
12.11, wherein the second reading zone is only partly overlapping or not overlapping with the first reading zone; and/or wherein the second reading zone adjoins the first reading zone (par. 45: m x n pixel array can be virtually divided into contiguous or non-overlapping regions).
13.9, wherein the pixel array is configured to receive the reception light alternately and/or in a specific order, with different row regions of the pixel array (par. 63-65).
14. A method of using the optoelectronic sensor according to claim 1 for detecting and/or reading barcodes (Figs. 1-10).
15. A method for detecting and/or reading barcodes, wherein light transmitted from a field of view is received as reception light by means of a pixel array (34a) and reception data about the field of view are obtained in so doing (par. 45, 62-65); and wherein only obtained reception data about a reading zone in the field of view are used (par. 41, 47, 62-65), wherein the reception data about the reading zone are based on reception light received by means of a partial zone of the pixel array (par. 41, 47, 55-56, 58, 63: Only the region of interest 74 corresponding to the higher object 54b recorded in focus is read … regions of no interest 76 are not read).
16.1, wherein the pixel array is configured to receive transmission light reflected from the field of view as reception light and to obtain the reception data about the reading zone (Fig. 1-8).
21.9, wherein the first row region comprises a first number of rows disposed directly next to one another (Figs. 8-10).
22.9, wherein the second row region comprises a second number of rows disposed directly adjacent to one another (Fig. 8-10).
23.11, wherein the second reading zone is different from the first reading zone (par. 45).
24.11, wherein the illumination unit projects and/or focuses the transmission light onto the first reading zone for the obtaining of the first reception data set and subsequently projects and/or focuses the transmission light onto the second reading zone for the obtaining of the second reception data set (par. 42-45, 63-65).
26.13, wherein the pixel array is configured to receive the reception light alternately and/or in a specific order by moving on the pixel array from top to bottom and/or vice versa, with different row regions of the pixel array (par. 62-65).
27.26, wherein the pixel array is configured to receive the reception light in a cyclic order with different row regions of the pixel array (par. 65: sensor receives light from objects sequentially thus is capable of receiving light in cyclic order).
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.
Claim(s) 5, 7, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muller (US 2022/0327798)
Re claims 5.4, 7.6, 17-20, Muller is silent to the limitations set forth in these claims.
However, Muller also teaches that a plurality of light sources such as LEDs or laser diodes are arranged around the reception path, in ring form, for example, and can also be multi-color and controllable in groups or individually to adapt parameters of the illumination unit 26 such as its color, intensity, and direction (par. 43).
Muller’s teachings imply that multiple LEDs in groups can form a ring around the sensor as the light receiver.
Furthermore, it has been recognized that changing sizes, shapes, and rearrangement of parts is obvious to one of ordinary skill in the art. MPEP 2144.04.
Thus, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to extend Muller’s teachings by forming more rows of LEDs or diodes and in rectangular ring shape surrounding the pixel array and the edge of the scanner as a design choice. Since the light sources are controllable, it would have also been obvious to further extend Muller’s teachings by increasing the intensities along the row of light sources.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muller (US 2022/0327798) in view of Jam (US 20030201327)
Re claim 25.11, Muller is silent to wherein the processing unit is configured to combine the first and second reception data set into an extended reception data set and to use the extended reception data set
Jam discloses [0018] The barcode reader may further have a software program for processing data from the sensing component to recreate and decode the barcode. For example, the barcode may need to be recreated because only a portion of it is in focus at a given time. The barcode reader may be angled slightly to capture and focus as much of the barcode as is needed to fully decode it. The software program may stitch together various portions of the barcode to recreate the barcode, or at least the minimum amount of the barcode needed to decode it. For example, it is possible to decode the barcode with a single fine stripe oriented perpendicular to the bars. In this fashion, the width of the bars and spaces there-between may be determined.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Jam for combining portions of the barcodes, which are on uneven surfaces or out of focus compared to each other.
Conclusion
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/THIEN T MAI/ Primary Examiner, Art Unit 2876