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 .
Drawings
The drawings are objected to because the empty boxes in figures 1, 2, and 8 need to be textually labeled, see 37 CFR 1.84(o). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
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.
Claim Interpretation
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: First processing circuitry in claims 1-13 and second processing circuitry in claim 13.
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.
Claims 1-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while mentioning an elevator controller implemented by a processing circuitry, does not reasonably provide enablement for how said processing circuitry performs any of the recited functional limitations. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. Paragraphs 0087-0091 of the detailed description of the invention provide the only description of an elevator controller including “processing circuitry”. The processing circuitry is described as having a computer 20a (processor) and at least one memory means 20b. However, all applicant has said about how the processing circuit works is that the functions of the processing circuit will be implemented by software, firmware, or a combination of the two.
Additionally, no description was found of any second processing circuitry as recited in claim 13.
Claim 1-13 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.
It is not clear how the first processing circuitry and the second processing circuitry perform the claimed functions. How do the first processing circuitry and the second processing circuitry receive information from elevator halls or mobile terminals, guide any elevators users, determine any information that can be used by an elevator user to reach a desired location. The detailed description of the invention was reviewed to obtain clarification of how the recited processing circuitry accomplishes each the recited functions, however the original detailed description dies not provide any useful information. Therefore, prior art will be applied to the invention as best understood by the examiner.
Claim 13 is directed to a “mobile terminal” equipped with the non-transitory storage medium of claim 12 and a second processing circuitry. The use of “second processing circuitry” implies the existence of a “first processing circuitry”, if the first processing circuitry is missing, the boundaries of the claim are unclear; claim 13 will be considered incomplete. Additionally, the preamble of claim 13 needs to be written because the following portion makes no sense: “A mobile terminal equipped with the storage medium according to claim 12 in which the program stored the storage medium is installed”.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 10 is directed to an elevator system comprising the elevator controller according to claim 1 and the transmitters that are provided at the elevator halls; however, the transmitters are already part of the elevator controller since they are listed under the “first processing circuitry”. It seems applicant is trying to claim the obvious intended use for the elevator controller of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. In order to overcome this rejection, applicant needs to recite other structural components that are part of elevator system besides the elevator controller and the transmitters.
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.
Claims 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s) a first processing circuitry and a second processing circuitry receiving data from different sources, determining a guiding path for an elevator user based on the received data, and determining whether or not an elevator user is using the correct elevator when she/he wants to return to a specific location. These limitations describe the concept of receiving information, evaluating the information based on a specific algorithm, and providing output based on the performed evaluation. Such activity falls within the certain methods of organizing human activity, as it involves managing the movement of people within a building. Therefore, the claims recite an abstract idea. This judicial exception is not integrated into a practical application because these elements merely use a computer and elevator control systems as tools to implement the abstract idea. The recited components do not improve the functionality of a computer or improve elevator technology. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because determining routes and providing directions using generic computing components is a conventional computer implementation of the abstract idea. Accordingly, the claims are not directed to patent-eligible subject matter.
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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster (US Patent 9945675) and Finschi et al (US Patent 8210321).
The claims have been rejected under 35 USC 112 (a) and (b) as well as 35 USC 101, the examiner will apply prior art to the invention as it is best understood.
Claims 1-11, Schuster teaches a user guidance system 100 comprising: an elevator control system 150, a reader 140, a portable electronic device (mobile terminal) 110, an access control system 160, and a guidance computer 130 for providing directions for a user and information about the user’s environment. A user 204 can access an area 202 such as a building having a lobby, multiple floors, and a parking garage, wherein the area 202 includes a plurality of tags 220/222 read by the portable electronic device 110, the tags contain destination information or particular location within the building. The guidance system uses the reader 140 to obtain signals outputted by the mobile electronic device 110 which has read a tag located at a specific area where the user starts a trip. The elevator user receives travel information such as direction in which the user should move, elevator assignment, a door the user should use, and any other information needed by the user to reach the desired destination (see for example the description given in col. 4 lines 37-67 and col 8 lines 1-6). As described in fig. 6 and corresponding description, the user guidance method can be implemented by a software program running on the guidance computer 130. Additionally, fig. 9 and corresponding description describe transmitters and receivers for allowing a control system to send and receive information with one or more networks.
Although, Schuster describes various computer controlled systems to guide an elevator user to travel to a desired destination within an area such as a building that includes a parking garage, he does not provide an example where the guidance system provides directions to a user to return to the area where he/she started the elevator trip.
However, Finschi et al teaches a method and system for transporting people in a building using an elevator installation, wherein the method of operation comprises: transporting a person from an access story/floor such as an underground garage to a desired destination floor after a person that has entered a building is initially recognized by mobile terminal 13 using movement sensors 13a; using a display 14 to let the person know which elevator to take to travel to his/her desired destination; using speech announcements in the elevator cars to confirm to the passenger his or her desired destination; and automatically transporting passengers back to the start location (return route), see the description given in col. 7 lines 14-62.
Therefore, it would have been obvious to one person of ordinary skill in the art at the time the invention was filed to program the computer system taught by Schuster with the sequence described by Finschi et al , since as describe by Finschi et al in col. 9 lines 9-16, their invention can efficiently sort large traffic flow according to destinations, assign transport means in optimal manner, and improve transport performance in that elevator passengers are brought to their desired destinations in the most direct route.
Claim 12, Schuster teach a non-statutory storage medium for storing a computer program directed to a method for transporting people in a multi-story building with an elevator installation, wherein said computer program is executed by a computer (see for example fig. 8 and corresponding description as well as the rejection of claim 1 above.
Claim 13, Schuster/ Finschi et al describe the computer program directed to a method for transporting people in a multi-story building according to claim 12. Additionally, Schuster describe in fig, 8 and corresponding description a user guidance computer comprising multiple processing circuits such as processors 810.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additionally documents, which have not been used in the prior art rejection, listed in the attached PTO-892 describe other computer operated elevator systems that include means for guiding elevator passenger to travel to desired destinations in the most direct route.
If applicant amends the claims to overcome the 35 USC 112 (a), (b), and (d) as well as the 35 USC 101, a new prior art search will be performed and any new rejection will be made final.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rina I Duda whose telephone number is (571)272-2062. The examiner can normally be reached M-F 8-4 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Colon-Santana can be reached at (571) 272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RINA I DUDA/Primary Examiner, Art Unit 2846