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 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.
Claims 1, 6-10, 12-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2018/0266977 (Hashizume).
With regards to claim 1, Hashizume discloses a odor sensor and odor measurement system comprising, as illustrated in Figures 1-18, a method for selecting primary odors from a set of odors comprising supplying a plurality of sample gases (e.g. plurality of gases; paragraphs [0056],[0177],[0178],[0208],[0210],[0231],[0232]) to a plurality of sensors 200 (e.g. odor sensor; paragraph [0145]; Figure 5), each of the sample gases containing at least one of the odors, each sensor detecting the at least one of the odors and outputting a signal including a peak (e.g. signal waveform have peak values illustrated in Figures 10,11; paragraphs [0234],[0165] to [0192]) that represents an existence of the at least one of the odors; identifying a plurality of parameters (e.g. H20, Japanese sake, Whiskey, Ethanol, NH3; Figures 12-16) that represent a feature of the peak included in the signal from each of the sensors; obtaining a plurality of feature vectors (e.g. vectors observed in Figures 12-16) for each of the sample gases, elements of each of the feature vectors including the parameters of each of the sensors (e.g. observed in Figures 12-16; paragraphs [0193] to [0210]); identifying a plurality of endpoints (e.g. ends of the pentagon-shaped in Figures 12-16) in a feature space including the feature vectors as the primary odors, each of the endpoints being located at a respective end of the feature space (e.g. observed in Figures 12-16; paragraphs [0193] to [0210]). (See, paragraphs [0082] to [0239]).
With regards to claim 6, Hashizume further discloses each of the sensors 200 is a sensor array (e.g. 3x3 array; paragraph [0145]; Figure 5) having a plurality of sensor elements 201 (e.g. sensor elements; paragraph [0145]; Figure 5), and for each of the sensors, the signal includes individual output signals from the respective plurality of sensor elements (e.g. paragraphs [0144] to [0153]).
With regards to claim 7, Hashizume further discloses an apparatus (e.g. system illustrated in Figure 4) for selecting primary odors from a set of odors comprising a plurality of sensors 200 (e.g. odor sensor; paragraph [0145]; Figure 5); a gas supply means (e.g. not illustrated but a gas supply is deemed necessary to supply the gas) configured to alternately supply sample gases (e.g. plurality of gases; paragraphs [0056],[0177],[0178],[0208],[0210], [0231],[0232]) and a reference gas (e.g. air; paragraph [0178]) to each of the sensors, each of the sample gases containing at least one of the odors; an information processing device 1002,1003 (e.g. measurement unit and data processing unit; paragraphs [0140],[0141]) configured to input signals output from each of the sensors, each of the signals including a peak (e.g. signal waveform have peak values illustrated in Figures 10,11; paragraphs [0234],[0165] to [0192]) that represents an existence of the at least one of the odors; the apparatus for selecting primary odors is configured to select some odors of the sample gases as primary odors by using the method, each of the selected odors respectively corresponding to each of the primary odors (e.g. H20, Japanese sake, Whiskey, Ethanol, NH3; Figures 12-16).
With regards to claim 8, Hashizume further discloses a method for synthesizing an odor in a set of odors comprising synthesizing, based on the primary odors identified by using the method, a given odor as an odor obtained by mixing the primary odors selected. (See, paragraphs [0210],[0236]; Figures 12-16).
With regards to claim 9, Hashizume further discloses an apparatus for synthesizing an odor in a set of odors comprising a means configured to mix the sample gases corresponding to the respective primary odors selected by using the apparatus. (See, paragraphs [0210],[0236]; Figures 12-16).
With regards to claim 10, Hashimuze further discloses a method for representing an odor in a set of odors comprising representing, based on the primary odors identified by using the method, a given odor as a combination of the primary odors identified. (See, paragraphs [0210],[0236]; Figures 12-16).
With regards to claim 12, Hashizume further discloses an apparatus (e.g. system illustrated in Figure 4) for representing an odor in a set of odors comprising a plurality of sensors 200 (e.g. odor sensor; paragraph [0145]; Figure 5); a gas supply means (e.g. not illustrated but a gas supply is deemed necessary to supply the gas) configured to alternately supply sample gases (e.g. plurality of gases; paragraphs [0056],[0177],[0178],[0208],[0210], [0231],[0232]) and reference gas (e.g. air; paragraph [0178]) to each of the sensors, each of the sample gases containing at least one of the odors; an information processing device 1002,1003 (e.g. measurement unit and data processing unit; paragraphs [0140],[0141]) configured to input signals output from each of the sensors and obtain a result of odor representation by using the method; a means configured to store the result of odor representation, or configured to provide the result of odor representation to an outside (e.g. output pattern; paragraphs [0140] to [0143]; Figure 4).
With regards to claim 13, Hashimuze further discloses a method for presenting an odor comprising presenting the combination of the primary odors in a form recognizable by perception other than olfaction (e.g. odorant quality perception, recording medium and display on computer; page 2, lines 1-18; Figure 3). (e.g. display odors as images, output pattern displayed as matrix information; paragraphs [0239],[0140] to [0143]; Figure 4).
With regards to claim 14, Hashimuze further discloses the presenting the combination of the primary odors in the form recognizable by the perception other than the olfaction is performed by associating different colors respectively with the primary odors and presenting the odor by a result of mixing the different colors (e.g. change in color tone, color discrimination, or shade gradation; paragraph [0157]).
With regards to claim 16, Hashimuze further discloses an apparatus (e.g. system illustrated in Figure 4) for presenting an odor in a set of odors comprising a plurality of sensors 200 (e.g. odor sensor; paragraph [0145]; Figure 5); a gas supply means (e.g. not illustrated but a gas supply is deemed necessary to supply the gas) configured to alternately supply sample gases (e.g. plurality of gases; paragraphs [0056],[0177],[0178],[0208],[0210], [0231],[0232]) and reference gas (e.g. air; paragraph [0178]) to each of the sensors, each of the sample gases containing at least one of the odors; an information processing device 1002,1003 (e.g. measurement unit and data processing unit; paragraphs [0140],[0141]) configured to input signals output from each of the sensors; an output device (e.g. display odors as images, output pattern displayed as matrix information, output pattern; paragraphs [0239],[0140] to [0143]; Figure 4) configured to output a result of odor presentation obtained by the information processing device by using the method.
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.
Claims 3-5, 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2018/0266977 (Hashizume).
With regards to claim 3, Hashizume does not disclose each row in a feature matrix is subjected to scale conversion such that the feature matrix being constituted by taking the feature vectors as column vectors thereof, as presently claimed. However, to have set such mathematical characteristics as in the claim is considered to have been a matter of choice possibilities by carrying out a scale conversion of a row of a matrix does not seem to have any technical effect but is merely a purely mathematical manipulation that would have been obvious to an artisan skilled in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
With regards to claim 4, Hashizume does not disclose such claimed limitations. However, these claimed limitations describe a possible alternative for selecting the primary odors merely by selecting a base of the odor space and any other base of the space is mathematically equivalent is considered to have been a choice possibilities (e.g. as suggested by U.S. Patent Application Publication 2014/0324932 issued to Chee et al. in paragraphs [0025],[0027],[0041], [0050] and illustrated in Figures 4-6) by the user/manufacture that would have been obvious to an artisan of ordinary skill in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
With regards to claim 5, Hashizume further discloses the sensor is sensor measuring any changes in physical, chemical or electrical characteristics caused by the adsorbed substance (e.g. paragraph [0090]); however, the reference does not explicitly specify the sensor is a surface stress sensor. Surface stress sensors are common in electronic noses and to have employ a surface stress sensor as in the claim is considered to have been a choice possibilities (e.g. as suggested by U.S. Patent Application Publication 2003/0172717 issued to Kita et al. in paragraph [0052]) to the user/manufacturer that would have been obvious to an artisan of ordinary skill in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
With regards to claim 11, Hashizume does not disclose such claimed limitations. However, to have set such mathematical characteristics as in the claim is considered to have been a matter of choice possibilities (e.g. as suggested by U.S. Patent Application Publication 2014/0324932 issued to Chee et al. in paragraphs [0020],[0037]) by carrying out the combination of the primary odors is represented by a linear combination of feature vectors of the primary odors does not seem to have any technical effect but is merely a purely mathematical manipulation and choice possibilities that would have been obvious to an artisan skilled in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
With regards to claim 15, Hashizume does not disclose the different colors with which the primary odors are respectively associated are three primary colors. However, to have set such test characteristics as in the claim is considered to have been a matter of choice possibilities (e.g. three primary colors RGB as suggested by WO 00/015268 issued to Fisch in page 2, lines 1- 18) that would have been obvious to a skilled artisan in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
Response to Amendment
Applicant’s arguments with respect to claims 1,3-16 have been considered but are moot in view of the new ground(s) of rejection and/or because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HELEN C KWOK/Primary Examiner, Art Unit 2855