JB MEDICAL, INC.Download PDFPatent Trials and Appeals BoardNov 3, 202015523365 - (D) (P.T.A.B. Nov. 3, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/523,365 04/28/2017 Jibin YANG 7037-0102PUS1 7479 2292 7590 11/03/2020 BIRCH STEWART KOLASCH & BIRCH, LLP 8110 Gatehouse Road Suite 100 East Falls Church, VA 22042-1248 EXAMINER BECK, LERON ART UNIT PAPER NUMBER 2487 NOTIFICATION DATE DELIVERY MODE 11/03/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): mailroom@bskb.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte JIBIN YANG ___________ Appeal 2020-002786 Application 15/523,365 Technology Center 2400 ____________ Before ROBERT E. NAPPI, CARL W. WHITEHEAD JR. and SHARON FENICK, Administrative Patent Judges. WHITEHEAD JR., Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE1 Appellant2 is appealing the final rejection of claims 1−14, 16−21, 25, 27 and 28 under 35 U.S.C. § 134(a). Appeal Brief 10. Claims 1 and 12 are independent. We have jurisdiction under 35 U.S.C. § 6(b). 1 Rather than reiterate Appellant’s arguments and the Examiner’s determinations, we refer to the Appeal Brief (filed October 4, 2019), the Reply Brief (filed February 27, 2020), the Final Action (mailed March 8, 2019) and the Answer (mailed December 31, 2019; January 10, 2020), for the respective details. An oral hearing was held on October 14, 2020. 2 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies JB MEDICAL, INC., as the real party in Appeal 2020-002786 Application 15/523,365 2 We affirm in part. Introduction According to Appellant, the claimed subject matter “aims to provide an online machine vision based automatic needle cannula inspection system and methods of use as part of an automatic production line.” See Specification 1. Representative Claims 1. A machine vision based automatic needle cannula inspection system comprising: an inspection and control unit configured to perform synchronized control and information processing with all other units of the automatic inspection system, and one of the following items a, b or c: a. a needle cannula holding and positioning unit configured to separate, position and hold the needle cannula and to be able to keep the needle cannula in position while the needle cannula is driven to rotate; a needle cannula driving unit configured to rotate the needle cannula; and fixed image capture device(s) configured to capture images of rotating needle cannula driven to rotate by the needle cannula driving unit while synchronized and controlled by the inspection and control unit; interest. Appeal Brief 2. Appeal 2020-002786 Application 15/523,365 3 b. a needle cannula holding, positioning and rotating unit configured to separate, position, hold and rotate the needle cannula and to be able to keep the needle cannula in position; and fixed image capture device(s) configured to capture images of the needle cannula while the needle cannula is rotating while synchronized and controlled by the inspection and control unit; c. a fixed needle cannula holding and positioning unit configured to separate, position and hold the needle cannula; and image capture device( s) rotating around the needle cannula, and configured to capture images of the fixed needle cannula while the image capture device(s) is rotating around the needle cannula and synchronized and controlled by the inspection and control unit. 12. A machine vision based automatic needle cannula inspection method comprising: capturing, with image capture device(s), a plurality of images of a needle cannula along a circumferential direction of the needle cannula for a whole circle while the needle cannula and the image capture device(s) are rotated relative to each other; and inspecting various quality and technical parameters of the needle cannula through screening, processing and analyzing the captured images. Appeal 2020-002786 Application 15/523,365 4 References Name3 Reference Date Sadeh US 4,784,071 November 15, 1988 Demarest US 6,115,650 September 5, 2000 Tribble US 2006/0178578 A1 August 10, 2006 Chong US 2008/0269687 A1 October 30, 2008 Giribona US 2010/0006602 A1 January 14, 2010 Rejections on Appeal4 Claims 1, 3 and 9 stand rejected under 35 U.S.C. § 102 A1 as being anticipated by Demarest. Final Action 2−4 Claim 2 stands rejected under 35 U.S.C. § 103 as being unpatentable over Demarest and Giribona. Final Action 5–6. Claim 4 stands rejected under 35 U.S.C. § 103 as being unpatentable over Demarest and Sadeh. Final Action 6–7. Claims 5 and 6 stand rejected under 35 U.S.C. § 103 as being unpatentable over Demarest, Giribona and Chong. Final Action 8–10. Claims 7, 8, 10−14, 16−21, 25, 27 and 28 stand rejected under 35 U.S.C. § 103 as being unpatentable over Demarest and Tribble. Final Action 10–15. ANALYSIS 35 U.S.C. § 102 Rejection Appellant contends, “as disclosed in column 10, lines 51-64 of Demarest, the Vision task analyzes the needle image to determine the cutting end and barrel end of the curved needle as well as the rotational orientation of the curved needle.” Appeal Brief 4. Appellant argues that Demarest’s 3 All reference citations are to the first named inventor only. 4 The Examiner objected claims 15, 22−24 and 26. See Final Action 16. Appeal 2020-002786 Application 15/523,365 5 “[p]ositional coordinates of the needle locate the robot gripper” and the “robot controller will remove the needle position and orientation data from a buffer and command the robot gripper to move to a pick location” wherein the “robot gripper then uses the flip over pin 31b to place the needle on the conveyor in the correct orientation.” Appeal Brief 5; see Demarest column 10, lines 51−64. Appellant contends, that “Demarest discloses the use of images to determine the position and orientation of a needle” where the gathered “information is subsequently used by the robot grippers to correct the orientation of the needle when moving the needle to a conveyor.” Appeal Brief 5. Appellant argues: The camera 105 [in Figure 3] of Demarest is not configured to take images while the needle is rotating relative to the camera, as required in each of [the] (a), (b) and (c) [limitations in claim 1]. Rather, the camera of Demarest takes pictures of a single position and orientation of a needle. This information is used by the robot gripper when moving the needle to a conveyor. No images of a rotating needle are captured by the camera, as the needle only rotates under action of the flipper pin subsequent to the images being captured. Appeal Brief 6. The Examiner determines, “that there is nothing that requires or states in [claim 1] that [ ] the camera has to take images while the needle is rotating relative to the camera.” Answer 17. Appellant argues that “In each of [the] alternatives [recited in claim 1], multiple images of a needle cannula are captured at different orientations by rotating the needle cannula while the images are captured (alternatives (a) and (b)) or the image capture device(s) rotating around the needle cannula (alternative (c)).” Reply Brief 2. We find Appellant’s argument persuasive of Examiner’s error because we do not agree with the Examiner’s Appeal 2020-002786 Application 15/523,365 6 determination that claim 1 does not require “that the camera has to take images while the needle is rotating relative to the camera.” See Answer 17. The Examiner finds: In fact, column 10, lines 50-65, Demarest discloses wherein video images of needles are obtained from cameras. In addition, column 2, lines 50-55, discloses camera assembly for obtaining images of the needles and one or more robot devices for picking up the needles. Column 5, lines 50-60 discloses images are taken and processed to identify the orientation of needles. Answer 17−18. Appellant contends: Column 10, lines 50-55 of Demarest disclose obtaining an image of a needle to identify the ends of the needle and the angular orientation. Demarest discloses capturing a single image of a needle. Demarest does not disclose images of rotating needle cannula (alternative a), images of the needle cannula while the needle cannula is rotating (alternative b) or image capture device(s) rotating around the needle cannula (alternative c). Reply Brief 2. We find Appellant’s contention persuasive of Examiner error because we do not agree with the Examiner’s findings that Demarest discloses rotating the needle cannula or rotating the camera around the needle cannula while obtaining images as required, alternatively, in claim 1. Accordingly, we reverse the Examiner’s anticipation rejection of claim 1, as well as claims 3 and 9 dependent upon claim 1. 35 U.S.C. § 103 Rejections We reversed the Examiner’s anticipation rejection of independent claim 1, therefore the obviousness rejections of dependent claims 2, 4−8, 10 and 11 are not sustained because the claims are dependent upon claim 1, either directly or indirectly. Appeal 2020-002786 Application 15/523,365 7 In regard to independent claim 12, the Examiner finds: Tribble discloses a system where the rotation of a dial causes syringes to be brought into alignment, wherein the image is captured while dial and syringe is rotated in [0053]. [Demarest] discloses in the abstract, rein needles or syringes are rotated and separated. [Demarest] can only hold or rotate one syringe. Whereas Tribble can hold and rotate multiple syringes at a time. Answer 21. Appellant argues, “[T]hat a system for calculating the volume of liquid in a syringe as taught by Tribble is not applicable to the system of sorting needles disclosed by Demarest.” Appeal Brief 9. We do not find Appellant’s argument persuasive of Examiner error because Tribble discloses that the syringes have multiple cannula zones 382, 384. See Tribble ¶ 59. Tribble also discloses needle sorting. See Tribble ¶ 78 (“The first step in the operating procedure is to locate the syringe.”). We note: To justify combining reference teachings in support of a rejection it is not necessary that a device shown in one reference can be physically inserted into the device shown in the other. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. In re Keller, 642 F.2d 413, 425 (CCPA 1981) (citations omitted). Appellant further argues: Moreover, claim 12 recites capturing, with image capture device(s), a plurality of images of a needle cannula along a circumferential direction of the needle cannula for a whole circle. Tribble discloses capturing a single image of each syringe, not a Appeal 2020-002786 Application 15/523,365 8 plurality of images of a needle cannula along a circumferential direction of the needle cannula as recited in claim 12. Appeal Brief 9. Claim 12 requires a needle cannula and an image capturing device wherein the captured images are analyzed. Demarest discloses in claim 7 “means for automatically enhancing said image of a needle by recording successive images of said needle.” Tribble discloses at least one imaging capturing device that will capture an image of the syringe along a circumferential direction for a whole circle. See Tribble Figure 2, elements 130, 330. We find the combined teachings of Dearest and Tribble would suggest Appellant’s subject matter in claim 12 wherein images of a needle are captured and analyzed. Accordingly, we do not find Appellant’s arguments persuasive of Examiner error. We sustain the Examiner’s obviousness rejection of claim 12, as well as dependent claims 13, 14, 16−18, 21, 25, 27 and 28 not argued separately. See Appeal Brief 9. CONCLUSION Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1, 3, 9 102 Demarest 1, 3, 9 2 103 Demarest, Giribona 2 4 103 Demarest, Sadeh 4 5, 6 103 Demarest, Giribona, Chong 5,6 7, 8, 10−14, 16−21, 25, 27, 28 103 Demarest, Tribble 12−14, 16−21, 25, 27, 28 7, 8, 10, 11 Overall Outcome 12−14, 16−21, 25, 27, 28 1-11 Appeal 2020-002786 Application 15/523,365 9 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1). See 37 C.F.R. § 1.136(a)(1)(v). AFFIRMED IN PART Copy with citationCopy as parenthetical citation