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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 12, 2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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:
Modeling unit in Claim 12. This limitation is analyzed according to the three prong test for invoking 35 U.S.C 112(f) below:
The claim uses the generic placeholder “unit” as a substitute for “means”;
The term “unit” is modified by functional language, e.g., modeling a simulation region…
The term “unit” is not modified by sufficient structure, material, or acts for performing the claimed function.
Dummy particle arrangement unit in Claim 12. This limitation is analyzed according to the three prong test for invoking 35 U.S.C 112(f) below:
The claim uses the generic placeholder “unit” as a substitute for “means”;
The term “unit” is modified by functional language, e.g., generating at least one dummy particle…
The term “unit” is not modified by sufficient structure, material, or acts for performing the claimed function.
Flow data calculation unit in Claim 12. This limitation is analyzed according to the three prong test for invoking 35 U.S.C 112(f) below:
The claim uses the generic placeholder “unit” as a substitute for “means”;
The term “unit” is modified by functional language, e.g., calculating flow data…
The term “unit” is not modified by sufficient structure, material, or acts for performing the claimed function.
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 § 112(a)
Claims 12-18 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function.
Regarding Claim 12, the claim recites a modeling unit modeling a simulation region. As analyzed above, modeling unit invokes 35 U.S.C 112(f), but only recites a single function of modeling a simulation region. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
Regarding Claims 13-18, the claims require the limitations of Claim 12, on which these claims depend, and the claims are rejected under 35 U.S.C 112(a) for the same reasons.
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 12-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation “a direction from the boundary toward the basic dummy particle and a diameter of the basic dummy particle.” The term “the basic dummy particle” lacks antecedent basis. The claim is unclear as to whether “the basic dummy particle” refers to the “at least one additional dummy particle,” the “first basic dummy particle” in Claim 4, or any one of the “plurality of basic dummy particles” in Claim 2. Therefore, Claim 7 is rendered indefinite.
Regarding Claim 12, claim limitations “modeling unit,” “dummy particle arrangement unit,” and “flow data calculation unit” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the functions. While the specification discloses the units as performing the claimed functions, the specification is devoid of any structure that could perform said claimed functions. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding Claims 13-18, the claims require the limitations of Claim 12, on which these claims depend, and the claims are rejected under 35 U.S.C 112(b) for the same reasons.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 19 is/are rejected under 35 U.S.C. 101 because the claimed invention is not directed to a patent eligible statutory category. The following is an analysis of independent claim 19 based on the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG).
Step 1, Statutory Category:
No: Claim 19 is not directed to a patent eligible statutory category.
Claim 19 is directed to “A computer readable recording medium.” Under step 1 of the 35 U.S.C 101 analysis determining statutory category, the claim does not fall within at least one of the four categories of patent eligible subject matter, see MPEP § 2106.03. The claim is directed to a product lacking a physical or tangible structure in the form of an organizational structure, such as a computer program per se (often referred to as “software per se”). Specification page 15 (last paragraph) defines a computer readable medium broadly to include examples. Therefore, “Computer readable recording medium” could be construed as being transitory signals per se, such as radio waves or other freely propagating electromagnetic waves, electromagnetic waves propagating through a waveguide or other transmission media (e.g., light pulses passing through a fiber-optic cable), or electrical signals transmitted through a wire. Therefore, the claim is ineligible under 35 U.S.C 101. Applicant may amend the claim to “A non-transitory computer readable recording medium” to ensure that the claim is eligible under step 1. Claim 19 would otherwise be eligible under 35 U.S.C 101, and further analysis under the abstract idea analysis is not deemed necessary.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nishiura (U.S. Pub. No. 2020/0110911 A1, filed March 1, 2017), hereinafter Nishiura.
Regarding Claim 1, Nishiura teaches A particles-based fluid analysis simulation method using dummy particles, which is performed by a fluid analysis simulation device (“A process (a particle simulation method) which is performed by the particle simulation device 10 according to this embodiment and which is an operating method of the particle simulation device 10 will be described below with reference to the flowchart illustrated in FIG. 5.”) (e.g., paragraph [0061]).
the method comprising: modeling a simulation region including a plurality of particles for a fluid (“In the particle simulation device 10, the initial structure information acquiring unit 12 acquires initial structure information indicating an initial position and a shape of a structure 100 which is stored in the simulation information storage unit 11.”) (e.g., paragraph [0062]).
generating at least one dummy particle required for fluid analysis simulation for the simulation region and arranging the generated dummy particle outside the simulation region (“Subsequently, the virtual area setting unit 13 arranges (sets) a plurality of virtual particles 110 in the vicinity of the surface of the structure 100 using the signed distance function (S03, a virtual are setting step).” Figure 3 discloses virtual particles, interpreted as dummy particles, arranged in a region outside the simulation region on the surface of the structure 100.) (e.g., figure 3 and paragraph [0063]).
and calculating flow data of the plurality of particles by using at least one dummy particle arranged outside (“Subsequently, the time transition unit 18 calculates positions and speeds of the particles 101 and the structures 100 in the next time step based on the calculated interaction forces and moves the virtual particles 110 with the positional relationship with the structure 100 maintained (S09, a time transition step).”) (e.g., paragraph [0068]).
and performing the fluid analysis simulation on the simulation region based on the calculation result (“Subsequently, the particle simulation device 10 determines whether ending conditions of the simulation have been satisfied (S10) [...] When it is determined that the ending conditions have not been satisfied (NO in S10), the time step advances by one and the above mentioned processes (S05 to S10) in the next time step are performed.”) (e.g., paragraph [0069]).
wherein the number of one or more dummy particles is varied while the fluid analysis simulation is performed (“As in this embodiment, the range in which the virtual particles 110 are set (arranged) may be set to be based on a range (an interpolation range) in which the virtual particles 110 used to calculate a distance from a particle 101 to the structure 100 are specified. According to this configuration, it is possible to set the number of virtual particles 110 as necessary and to more efficiently perform simulation of the particles 101 and the structure 100.”) (e.g., paragraph [0077]).
Regarding Claim 2, Nishiura teaches The particles-based fluid analysis simulation method of claim 1, wherein the arranging of the dummy particle includes generating a plurality of basic dummy particles to be arranged outside in the simulation region (“Subsequently, the virtual area setting unit 13 arranges (sets) a plurality of virtual particles 110 in the vicinity of the surface of the structure 100 using the signed distance function (S03, a virtual are setting step).” Figure 4 discloses virtual particles, interpreted as dummy particles, arranged in a region outside the simulation region on the surface of the structure 100.) (e.g., figure 4 and paragraph [0063]).
and arranging the at least one generated basic dummy particle in a first outer region adjacent to a boundary of the simulation region (Figure 4 discloses virtual particles arranged adjacent to the surface of a structure 100, wherein a plurality of the virtual particles are arranged outside of the simulation region. The row of virtual particles closest to the surface 100 are interpreted as the particles in a first outer region.) (e.g., figure 4).
and the performing of the fluid analysis simulation includes calculating the flow of the plurality of particles for an inner region in the simulation region by using the plurality of basic dummy particles arranged outside (“Subsequently, the time transition unit 18 calculates positions and speeds of the particles 101 and the structures 100 in the next time step based on the calculated interaction forces and moves the virtual particles 110 with the positional relationship with the structure 100 maintained (S09, a time transition step).”) (e.g., paragraph [0068]).
Regarding Claim 3, Nishiura teaches The particles-based fluid analysis simulation method of claim 2, wherein the performing of the fluid analysis simulation includes determining a reference particle which is a calculation target of the flow data among the plurality of particles for the fluid (“Subsequently, the position information acquiring unit 14 acquires position information indicating the positions of the particles 101 to be simulated,” wherein a particle of the particles 101 is interpreted as a reference particle.) (e.g., paragraph [0064]).
and searching for a plurality of adjacent particles located within a predetermined search radius from the determined reference particle (“Subsequently, the virtual area specifying unit 15 specifies virtual particles 110 within the distance H from the position of a particle 101 indicated by the position information (S06, a virtual area specifying step).”) (e.g., paragraph [0065]).
Regarding Claim 4, Nishiura teaches The particles-based fluid analysis simulation method of claim 3, wherein the performing of the fluid analysis simulation further includes when the plurality of searched adjacent particles includes a first basic dummy particle which is one of the plurality of basic dummy particles, generating at least one additional dummy particle to be arranged in a second outer region adjacent to the first outer region (Figure 4 discloses a plurality of additional virtual particles in a region outside of a surface, wherein the searched adjacent particles includes a first virtual particle and the second outer region is the bottom row of virtual particles in the figure.) (e.g., figure 4).
arranging the at least one generated additional dummy particle in the second outer region (Figure 4 discloses the plurality of additional virtual particles arranged in a first and second row, wherein the first and second rows are first and second outer regions.) (e.g., figure 4).
and calculating the flow of the reference particle by using the first basic dummy particle and the at least one additional dummy particle (“Subsequently, the time transition unit 18 calculates positions and speeds of the particles 101 and the structures 100 in the next time step based on the calculated interaction forces and moves the virtual particles 110 with the positional relationship with the structure 100 maintained (S09, a time transition step).”) (e.g., paragraph [0068]).
Regarding Claim 5, Nishiura teaches The particles-based fluid analysis simulation method of claim 4, further comprising: re-determining other reference particles that are calculation targets of flow data among the plurality of particles when the calculation of the flow data of the reference particle is completed (“At this time, interaction forces between the particles 101 and interaction forces between the structures 100 may be calculated. Subsequently, the interaction force calculating unit 17 calculates the total interaction force for each particle 101 and each structure 100 from the calculated interaction forces [...] Subsequently, the time transition unit 18 calculates positions and speeds of the particles 101 and the structures 100 in the next time step based on the calculated interaction forces.” The particles 101 are interpreted as other reference particles.) (e.g., paragraphs [0067] and [0068]).
and re-searching for a plurality of adjacent particles located within a predetermined radius from the re-determined other reference particles (Calculating the interaction forces for other particles 101 comprises repeating the searching for virtual particles as disclosed in paragraph [0065].) (e.g., paragraph [0065]).
Regarding Claim 6, Nishiura teaches The particles-based fluid analysis simulation method of claim 5, wherein the performing of the fluid analysis simulation includes when the plurality of re-searched adjacent particles includes a second basic dummy particle which is one of the plurality of basic dummy particles, generating at least one other additional dummy particle to be arranged in the second outer region (Figure 4 discloses a plurality of additional virtual particles in a region outside of a surface, wherein the searched adjacent particles includes a first virtual particle and the second outer region is the bottom row of virtual particles in the figure.) (e.g., figure 4).
and arranging the at least one other generated additional dummy particle in the second outer region (Figure 4 discloses the plurality of additional virtual particles arranged in a first and second row, wherein the first and second rows are first and second outer regions.) (e.g., figure 4).
and calculating the flow of the other reference particles by using the second basic dummy particle and the at least one other additional dummy particle (“Subsequently, the time transition unit 18 calculates positions and speeds of the particles 101 and the structures 100 in the next time step based on the calculated interaction forces and moves the virtual particles 110 with the positional relationship with the structure 100 maintained (S09, a time transition step).”) (e.g., paragraph [0068]).
Regarding Claim 7, Nishiura teaches The particles-based fluid analysis simulation method of claim 4, wherein the generating of the at least one additional dummy particle includes arranging the at least one additional dummy particle based on a direction from the boundary toward the basic dummy particle and a diameter of the basic dummy particle (“The virtual area setting unit 13 sets a plurality of virtual particles 110 in the areas in the vicinity to come into contact with each other. For example, when the work space is a three-dimensional space, the virtual area setting unit 13 sets grid points of a simple cubic lattice or a face-centered cubit lattice in the area and sets (arranges) the virtual particles 110 at the grid points.” Arranging the virtual particles to come into contact with one another is interpreted as arranging the virtual particles based on their diameter. Arranging the virtual particles on a lattice is interpreted as arranging the particles based on a direction from the boundary of the structure 100.) (e.g., paragraph [0063]).
Regarding Claim 8, Nishiura teaches The particles-based fluid analysis simulation method of claim 4 wherein the at least one dummy particle includes direction information required for generating the at least one additional dummy particle (“By using the normal vector, an interaction force calculated by the interaction force calculating unit 17 can be expressed in a vector. The direction of the vector represents a direction in which the interaction force acts. The normal vector can be calculated by calculating a spatial gradient for the distance from the virtual particles 110 specified for each particle 101 to the structure 100 (distance function data).”) (e.g., paragraph [0051]).
Regarding Claim 9, Nishiura teaches The particles-based fluid analysis simulation method of claim 1, wherein the modeling of the simulation region includes receiving at least one of terrain information, structure information, boundary condition information, particle physical property information, and gravitational acceleration information (“Particles which are simulated by the particle simulation device 10 according to this embodiment include arbitrary particles which are subjected to particle simulation in the related art. For example, soil or a powder may be used as a target. Alternatively, a fluid or solid may be used as a target on the assumption that the fluid or the solid includes a plurality of particles.” Specifying target particles as making up a soil, powder, fluid, or solid is interpreted as providing particle physical property information.) (e.g., paragraph [0025]).
and modeling the simulation region based on the at least one received information (“In this way, the simulation using the particle simulation device 10 according to this embodiment can be applied to industrial fields of civil engineering, powders, or the like. The simulation can also be used for simulation of interactions between banks, buildings, or landforms and a tsunami or soil, or a natural phenomenon such as a landslide or avalanche.”) (e.g., paragraph [0026]).
Regarding Claim 10, Nishiura teaches The particles-based fluid analysis simulation method of claim 9, wherein the structure information includes at least one of a density, a coefficient of restitution, and a coefficient of friction (“The simulation information storage unit 11 may input and store information which is used for simulation in advance in addition to the particle information and the structure information. Examples of such information include a friction coefficient, an elastic modulus, a viscous damping coefficient, and a restitution coefficient.”) (e.g., paragraph [0032]).
Regarding Claim 11, Nishiura teaches The particles-based fluid analysis simulation method of claim 9, wherein the particle physical property information includes at least one of a particle radius, a density, a viscosity, a speed of sound, and an initial velocity (“The simulation information storage unit 11 may input and store information which is used for simulation in advance in addition to the particle information and the structure information. Examples of such information include a friction coefficient, an elastic modulus, a viscous damping coefficient, and a restitution coefficient.”) (e.g., paragraph [0032]).
Regarding Claim 12, Nishiura teaches A particles-based fluid analysis simulation device using dummy particles (“A process (a particle simulation method) which is performed by the particle simulation device 10 according to this embodiment and which is an operating method of the particle simulation device 10 will be described below with reference to the flowchart illustrated in FIG. 5.”) (e.g., paragraph [0061]).
The remaining limitations of Claim 12 are substantially similar to Claim 1, and the claim is rejected under 35 U.S.C 102(a)(2) for the same reasons.
Regarding Claims 13-18, the claims recite substantially similar limitations to Claims 2-7, respectively, and the claims are rejected under 35 U.S.C 102(a)(2) for the same reasons.
Regarding Claim 19, Nishiura teaches A computer readable recording medium having a program which allows a computing device to execute a method recorded in claim 1, which is recorded therein (“A particle simulation program causing a computer to execute the above-mentioned sequence of processes in the particle simulation device 10 will be described below. As illustrated in FIG. 7, a particle simulation program 30 is stored in a program storage area 21 which is formed in a recording medium 20 which is inserted into the computer and is accessed or which is included in the computer.”) (e.g., paragraph [0081]).
The remaining limitations of Claim 19 are substantially similar to Claim 1, and the claim is rejected under 35 U.S.C 102(a)(2) for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu et al. (Liu, Shilong, Ioan Nistor, and Majid Mohammadian. "Evaluation of the solid boundary treatment methods in SPH." International Journal of Ocean and Coastal Engineering 1, no. 02 (2018): 1840002.) teaches methods for simulating solid boundaries in smoothed-particle hydrodynamics.
Liu et al. (Liu, MouBin, JiaRu Shao, and JianZhong Chang. "On the treatment of solid boundary in smoothed particle hydrodynamics." Science China Technological Sciences 55, no. 1 (2012): 244-254.) teaches a method for simulating solid boundaries using ghost particles.
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/K.H.T./ Examiner, Art Unit 2189
/REHANA PERVEEN/ Supervisory Patent Examiner, Art Unit 2189