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 .
Status of Claims
Claims 1, 4, 7-8, 10-12 and 16-21 are examined.
Claims 13-15 are withdrawn.
Claims 2-3, 5-6, and 9 are cancelled.
Claim 21 is newly added.
Response to Amendment
The amendments to the claim overcome the previous claim objections; therefore, the objections are withdrawn.
The amendments to the claim overcome the previous 35 U.S.C. 103 rejections; therefore, the rejections are withdrawn.
The amendments to the claims do not overcome the previous 35 U.S.C. 101 rejections; therefore, the rejections are sustained. Furthermore, see the new 35 U.S.C. 101 rejections regarding new claim 21.
Claim Interpretation
Absent a specific definition from the instant specification, the limitation “forming table vibration system”, will be interpreted under the broadest reasonable interpretation.
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.
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 1, 4, 7-8, 10-12 and 16-21 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.
Claims 1 and 21 recite “a shape” in line 14. The limitation renders the claim vague and indefinite because prior to the cited limitation, claims 1 and 21 already recite “a shape” in line 11 and it is not clear if the latter limitation refers to the previously cited limitation of the same in claims 1 and 21 or refers to a new limitation because the recitation of “shape” is not preceded by “the”. Clarification is required. For examination purposes, the limitation will be read as “the shape” reciting back to the limitation “a shape” in line 11.
Claims 1 and 21 recite “at least one characteristic” in line 17. The limitation renders the claim vague and indefinite because prior to the cited limitation, claims 1 and 21 already recite “at least one characteristic” in line 13 and it is not clear if the latter limitation in line 17 refers to the previously cited limitation of the same in claims 1 and 21 or refers to a new limitation because the recitation of “at least one characteristic” is not preceded by “the”. Clarification is required. For examination purposes, the limitation will be read as “the at least one characteristic” reciting back to the limitation “at least one characteristic” in line 13.
As claims 4, 7-8, 10-12 and 16-20 ultimately depend on claim 1, claims 4, 7-8, 10-12 and 16-20 are rejected for indefiniteness.
Claim 21 recites “…that is similar to the desired change” in line 23 which renders the claim vague and indefinite since neither the claim nor the specification defines the scope of “similar”.
Claim 21 recites “…the at least one indication falling outside of a predetermined acceptable range”, in line 29 which renders the claim vague and indefinite since neither the claim nor the specification defines the scope of “acceptable”.
Claim 21 recites “the density of a foam” in the second to last line and “the speed of a rotor within the mixer” in the last line. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitations will be read as “a density of a foam” and “a speed of a rotor”.
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.
STEP 1: TWO CRITERIA FOR SUBJECT MATTER ELIGIBILITY
First, the claimed invention must be to one of the four statutory categories. 35 U.S.C. 101 defines the four categories of invention that Congress deemed to be the appropriate subject matter of a patent: processes, machines, manufactures and compositions of matter.
The claims fall into the category of a machine comprising a computer system.
Second, the claimed invention also must qualify as patent-eligible subject matter, i.e., the claim must not be directed to a judicial exception unless the claim as a whole includes additional limitations amounting to significantly more than the exception. The judicial exceptions (also called "judicially recognized exceptions" or simply "exceptions") are subject matter that the courts have found to be outside of, or exceptions to, the four statutory categories of invention, and are limited to abstract ideas, laws of nature and natural phenomena (including products of nature).
STEP 2A: TWO PRONGS
PRONG 1: RECITES ABSTRACT IDEA, LAW OF NATURE, NATURAL PHENOMENON
Claims 1, 4, 7-8, 10-12 and 16-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s):
Claim 1
analyse the image to identify the slurry, wherein the analysis of the image to identify the slurry includes analysing one or more of a shape, a colour, a contrast, and/or a brightness of at least a portion of the image;
determine at least one characteristic of the slurry, wherein the at least one characteristic of the slurry includes one or more of an area, a depth, a shape, a width, a velocity, and/or a rheological property;
identify a desired change in at least one characteristic;
consult a predetermined list of forming table vibration system operation changes and corresponding changes in the at least one characteristic;
identify a predetermined forming table vibration system operation change which causes a corresponding change in the at least one characteristic that is similar to the desired change in the at least one characteristic;
change at least one operation of the forming table vibration system according to the identified predetermined mixer operation change,
wherein in response to the at least one indication falling outside of a predetermined acceptable range, the processor is configured to change the at least one operation of the forming table vibration system.
Claim 21
analyse the image to identify the slurry, wherein the analysis of the image to identify the slurry includes analysing one or more of a shape, a colour, a contrast, and/or a brightness of at least a portion of the image;
determine at least one characteristic of the slurry, wherein the at least one characteristic of the slurry includes one or more of an area, a depth, a shape, a width, a velocity, and/or a rheological property;
identify a desired change in at least one characteristic;
consult a predetermined list of mixer operation changes and/or forming table vibration system operation changes and corresponding changes in the at least one characteristic;
identify a predetermined mixer operation change and/or a predetermined forming table vibration system operation change which causes a corresponding change in the at least one characteristic that is similar to the desired change in the at least one characteristic;
change at least one operation of the mixer according to the identified predetermined mixer operation change and/or change at least one operation of the forming table vibration system according to the identified predetermined mixer operation change,
wherein in response to the at least one indication falling outside of a predetermined acceptable range, the processor is configured to change the at least one operation of the forming table vibration system and/or one operation of the mixer; and
wherein the at least one operation of the mixer changed is selected from the group consisting of: altering the composition of the slurry entering the mixer, altering the density of a foam entering the mixer, altering the density of a foam before it enters the slurry that enters the mixer, and altering the speed of a rotor within the mixer.
The limitations, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a controller configured to,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “controller configured to” language,:
Claim 1 and 21:
“analyse the image” in the context of the claim encompasses the user observing and evaluating the image of the slurry,
“determine at least one characteristic of the slurry” in the context of the claim encompasses the user evaluating an attribute or quality of the slurry,
“identify a desired change” in the context of the claim encompasses the user observing a desired change
“consult a predetermined list of mixer operation changes” in the context of the claim encompasses the user evaluating a list of operation changes to find an appropriate desired change
“identify a predetermined mixer operation change” in the context of the claim encompasses the user observing an operation change corresponding to the desired change
“change at least one operation” and “change the at least one operation” in the context of the claim encompasses the user evaluating an adjustment to the identified operation change
Claim 21:
“the at least one operation of the mixer changed is selected” in the context of the claim encompasses the user evaluating and choosing an appropriate adjustment to the operation.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
PRONG 2: DOES NOT INTEGRATE INTO PRACTICAL APPLICATION
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a controller configured to perform the “analyse”, “determine”, “identify”, “consult”, “change” and “select” steps. The controller in both steps is recited at a high-level of generality (i.e., as a generic controller performing a generic computer function of “analyse”, “determine”, “identify”, “consult”, “change” and “select”) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim recites “output at least one indication of the at least one characteristic of the slurry”, but this amounts to an insignificant extra solution activity as it amounts to data gathering and outputting that is well known in the art (see Liu). Although the abstract ideas “analyse”, “determine”, “identify”, and “consult” are integrated to “change at least one operation of the mixer according to the identified predetermined mixer operation change”, “in response to the at least one indication falling outside of a predetermined acceptable range, … change the at least one operation of the mixer, “and the at least one operation is selected”, but they amount to a particular practical application. The recited steps merely link the use of the abstract idea to the particular technological field of endeavor and there are multiple options of what can be done and the “change” or “altering” of each operation is stated with a high degree of generality and does not amount to particular. See MPEP § 2106.05(e) and (h). The claim is directed to an abstract idea.
STEP 2B: DOES NOT AMOUNT TO SIGNIFICANTLY MORE
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The “forming table”, “sensor”, and “mixer” are components that are routine and conventional to gypsum board manufacturing (See Liu). The step of “output at least one indication of the at least one characteristic of the slurry” is insignificant extra solution activity as it amounts to data gather and outputting, which is well known. See MPEP § 2106.05(g). As discussed above with respect to integration of the abstract ideas into a practical application, the additional element of using a controller configured to perform “analyse”, “determine”, “identify”, “consult”, “change” and “select” steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. See MPEP § 2106.05.
Claims 4, 7-8, 10-12 and 16-20 are rejected under 35 U.S.C. 101 for ultimately depending on claim 1 and for being directed to an abstract idea without significantly more.
Claim 4 further defines “the sensor” as “a continuous image feed”, but is well-known, routine, and conventional and is not significantly more than the abstract idea
Claim 7 further recites “the change in operation … is a continuous change”, but does not recite elements that amount to significantly more
Claim 8 further recites “to calculate a sum of or average of the at least one indication” and “change operation”, which are abstract ideas as the steps can be performed in the human mind and do not recite elements that amount to significantly more
“calculate a sum or average” is a mathematical concept, which is an abstract idea and does not provide significantly more than the abstract idea
“change operation” is an evaluation performed in the human mind to find an appropriate adjustment in operation based the calculation
Claim 10 recites “to amend the predetermined list” and “delete entries… included in the predetermined list”, which are abstract ideas as the steps can be performed in the human mind and does not recite elements that amount to significantly more
“amend the predetermined list” and “delete entries” is an evaluation performed in the mind or on pen and paper
Claim 11 recites “to analyse a first portion of the image separately from a second portion of the image”, which is an abstract idea as the step of “analyse” can be performed in the human mind and does not recite elements that amount to significantly more
“analyse” is an evaluation performed by the human mind
Claim 12 recite “to compare the at least one characteristic” and “to identify a difference”, which are abstract ideas as the steps can be performed in the human mind and does not recite elements that amount to significantly more
“compare” is an evaluation performed in the human mind
“identify” is an observation performed in the human mind
Claim 16-18 recite further elements that are well-known, routine, and conventional and are not significantly more than the abstract idea
Claim 19 recites “to analyse the image with pixel characterization to identify the slurry”, which are abstract ideas as the steps can be performed in the human mind and does not recite elements that amount to significantly more
“analyse” is an evaluation performed by the human mind
Claim 20 recite further elements that are well-known, routine, and conventional and are not significantly more than the abstract idea
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, 7-8, 10-12, and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 110788965 A, an English machine translation was previously provided) in view of Tan (CN 111086107 A, an English machine translation is provided in this Office Action).
Regarding claim 1, Liu discloses a slurry spread quantification system (¶ [0054] – automatic production system; ¶ [0056] – to monitor the thickness of slurry) comprising:
a forming table (¶ [0055] – forming conveyor belt) including a forming area (¶ [0055] – gypsum slurry added to forming conveyor belt) and at least one slurry outlet (¶ [0072] – discharge slurry pipe 227) configured to, in use, dispense a slurry into the forming area (¶ [0055] – slurry added to forming conveyor belt; ¶ [0073] – slurry is discharged through 227);
a sensor (¶ [0012] – distance measuring unit 1) trained on the forming area (¶ [0012] – to detect thickness of slurry) and configured to capture an image of the forming area (¶ [0016] – 1 composed of laser distance meters 101, generates a three-dimensional stereogram of the slurry thickness);
a mixer (¶ [0024] – mixer 21) configured to mix ingredients to form the slurry (¶ [0024] – slurry stirred by 21) and provide the slurry to a table (FIG. 1 depicts a table that receives the slurry)
a processor (¶ [0016] – controller 102) operable to:
control operation (¶ [0069] - variable frequency pressure pump 24 controls slurry transfer speed of 21; ¶ [0079] – 102 adjusts 24)
analyses the image to identify the slurry (¶ [0016] – 102 calculates and generates three-dimensional stereogram of slurry thickness based on the monitored lasers), wherein the analysis of the image to identify the slurry includes analysing one or more of shape of at least a portion of the image (¶ [0012] – to detect thickness of gypsum slurry).
determine at least one characteristic of the slurry (¶ [0016] – slurry thickness) wherein the at least one characteristic of the slurry includes a depth (¶ [0012] – to detect thickness of gypsum slurry);
output at least one indication of the at least one characteristic of the slurry (¶ [0020] – generate a thickness distribution map; ¶ [0025] – analyze whether overall thickness meets standard range)
identify a desired change in the at least one characteristic (¶ [0060] – determines whether the slurry at the current position is too much or too little);
consult a predetermined list of operation changes and corresponding changes in the at least one characteristic (¶ [0061] – when the slurry is too little, the feeding speed is limited according to the amount of slurry shortage; when the slurry is too much, the feeding is no longer supplemented; these operations would be predetermined);
identify a predetermined operation change which causes a corresponding change in the at least one characteristic that is similar to the desired change in the at least one characteristic (¶ [0061] – when the slurry is too little, the feeding speed is limited according to the amount of slurry shortage; when the slurry is too much, the feeding is no longer supplemented; 102 would “identify” the feeding to use based on the thickness of slurry); and
change at least one operation according to the identified predetermined mixer operation change (¶ [0061] – 2 controls switch of feeding pipe according to the detection result of 1)
wherein in response to the at least one indication falling outside of a predetermined acceptable range (¶ [0025] – analyze whether overall thickness meets standard range) the processor is configured to change at least one operation (¶ [0069] - 24 controls slurry transfer speed of 21; ¶ [0079] – 102 adjusts 24)
Liu also does not disclose a forming table vibration system, control operation of the forming table vibration system, consult a predetermined list of forming table vibration system operation changes, identify a predetermined forming table vibration system operation change, and change at least one operation of the forming table vibration system.
Analogous art Tan discloses a paper-faced gypsum board casting device (¶ [0008]) comprising a storage tank connected to a slurry feeding mechanism, which includes a nozzle and a metering pump (¶ [0016]). A machine base is equipped with a speed measuring mechanism, which is electrically connected to the controller (¶ [0013]). Speed measuring mechanism measures the moving speed of the gypsum board, and the controller controls the pumping speed of the metering pump based on the speed value, controlling the spraying speed of the gypsum slurry, which ensures that the gypsum spraying speed matches the moving speed of the gypsum board, resulting in gypsum boards with uniform thickness and high quality (¶ [0025]). A storage tank is connected to the slurry feeding mechanism, wherein each nozzle is connected to a slurry delivery pipe connected to the storage tank and a metering pump electrically connected to a controller controls the pumping volume of the metering pump (¶ [0044]).
Tan further discloses a forming table vibration system (¶ [0016] - a storage tank connected to a slurry feeding mechanism, which includes a nozzle and a metering pump; ¶ [0020] – vibration mechanism including vibration surface being connected to vibration motor; all the components are considered a part of “forming table vibration system”), control operation of the forming table vibration system (¶ [0025] – control spraying speed of gypsum slurry; ¶ [0040, 0047] – vibration mechanism vibrates causing the plaster paste to spread evenly), consult a predetermined list of forming table vibration system operation changes (¶ [0025, 0047] – speed measuring mechanism measures the moving speed of the gypsum board, and the controller controls the pumping volume of the metering pump according to the speed, so as to match the moving speed of the gypsum board with the pumping speed and ensure that the thickness of the produced gypsum board is uniform; therefore if the gypsum board is not an even, uniform thickness, then a change is needed), identify a predetermined forming table vibration system operation change (¶ [0048] – controls pump speed of metering pump according to the speed value of the speed measuring mechanism), and change at least one operation of the forming table vibration system (¶ [0048] – the controller controls the pumping speed of the metering pump according to the speed value, thereby controlling the spraying speed of the gypsum slurry to ensure that the gypsum spraying speed matches the moving speed of the gypsum board).
Liu and Tan disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the slurry feeding mechanism and vibration mechanism controlled by a controller to spray the gypsum slurry in Tan to the mixer, pressure pump, and controller in Liu to ensure the gypsum spraying speed matches the moving speed of the gypsum board, resulting in gypsum boards with uniform thickness and high quality (¶ [0048]).
Regarding claim 4, modified Liu discloses a slurry spread quantification system according to claim 1. Modified Liu further discloses wherein the sensor is configured to provide a continuous image feed (Liu ¶ [0020] – laser rangefinder monitors the height in real time; Tan ¶ [0025]) - speed measuring mechanism measures the moving speed of the gypsum board), and the processor is configured to provide a continuously updating output (Liu ¶ [0020] – receives data to generate a thickness distribution map; Tan ¶ [0025] – ensures that the gypsum spraying speed matches the moving speed of the gypsum board).
Regarding claim 7, modified Liu discloses a slurry spread quantification system according to claim 1. modified Liu further discloses wherein the processor is configured the change in operation of the forming table vibration system is a continuous change (Liu ¶ [0079] – 102 adjusts 24 according to real-time monitored gypsum slurry thickness; Tan ¶ [0025] – ensures that the gypsum spraying speed matches the moving speed of the gypsum board,).
Regarding claim 8, modified Liu discloses a slurry spread quantification system according to claim 1. Liu further discloses wherein the processor is configured to calculate an average of the at least one indication (¶ [0022] – calculate the average thickness) over a predetermined time period (¶ [0022] – within the detection time) and change operation of the mixer in response to the sum of or average of the at least one indication over the predetermined time period (¶ [0023] – select working frequency of slurry feeding unit) falling outside of a predetermined acceptable range (¶ [0022] – obtaining the excess or shortage of each unit according to the difference between each unit and the standard thickness).
Regarding claim 10, modified Liu discloses a slurry spread quantification system according to claim 1. Liu further discloses wherein the processor is configured to amend the predetermined list of forming table vibration system to add new entries including forming table vibration system operation changes (¶ [0033] – use excess material volume for the next measurement cycle, and compensate the excess material volume to the next unit of gypsum board with insufficient material; as the excess material volume is used for next measurement cycle and unit of gypsum board, predetermined mixer and feeder operations are amended) and corresponding changes (¶ [0033] – determining feeding amount of the feeding unit according to the material shortage) in the at least one characteristic identified through use of the system (¶ [0032] – the missing volume or excess volume calculated according to the average thickness).
Regarding claim 11, modified Liu discloses a slurry spread quantification system according to claim 1. Liu further discloses wherein the processor is configured to analyse a first portion of the image separately from a second portion of the image (¶ [0021] – detection data of the laser range finder is divided into a plurality of groups in sequence; ¶ [0022] – calculating average thickness of each unit).
Regarding claim 12, modified Liu discloses a slurry spread quantification system according to claim 11. Liu further discloses wherein the processor is configured to compare the at least one characteristic of the first portion to the at least one characteristic of the second portion to identify a difference between the first portion and the second portion (¶ [0021] – detection data divided into groups in sequence; ¶ [0022] – obtaining the excess or shortage of each unit according to the difference between each unit and the standard thickness), and the at least one identifier includes a value related to the identified difference between the first portion and the second portion (thickness is related to excess or shortage of slurry).
Regarding claim 16, modified Liu discloses a slurry spread quantification system according to claim 1. Liu further discloses wherein the system is a construction slurry spread quantification system (¶ [0002] – automatic production system for hard-edge gypsum board; ¶ [0005] – hard edge gypsum board for construction).
Regarding claim 17, modified Liu discloses a slurry spread quantification system according to claim 1. Liu further discloses wherein the at least one characteristic of the slurry includes one or more of a shape (¶ [0016] – slurry thickness).
Regarding claim 18, modified Liu discloses a slurry spread quantification system according to claim 1. Liu further discloses wherein the sensor comprises a laser sensor (¶ [0012] – 1 uses a pulse laser; ¶ [0016] – laser distance meters).
Regarding claim 19, modified Liu discloses a slurry spread quantification system according to claim 1. Liu further discloses, wherein the processor is configured to analyse the image with pixel characterisation to identify the slurry (¶ [0092] – a thickness distribution map of the cross section of the gypsum board model is analyzed; ¶ [0093] – comprises a three-dimensional coordinate system, which contains X-axis and Y-axis; therefore, when the thickness distribution map is analyzed, the X-Y coordinates, i.e. pixels, are analyzed).
Regarding claim 20, modified Liu discloses a slurry spread quantification system according to claim 1. Liu does not disclose wherein the at least one slurry outlet comprises a plurality of outlet apertures.
Tan further discloses wherein the at least one slurry outlet comprises a plurality of outlet apertures (¶ [0016, 0044] – nozzle is elongated and has multiple nozzles evenly arranged along its length).
Liu and Tan disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the slurry feeding mechanism comprising multiple nozzles in Tan to the slurry discharge pipe in Liu to cover the gypsum paper surface, making the sprayed gypsum slurry evenly distributed, resulting in uniform gypsum distribution inside the finished gypsum board and reducing the likelihood of defects (¶ [0025]).
Regarding claim 21, Liu discloses a slurry spread quantification system (¶ [0054] – automatic production system; ¶ [0056] – to monitor the thickness of slurry) comprising:
a forming table (¶ [0055] – forming conveyor belt) including a forming area (¶ [0055] – gypsum slurry added to forming conveyor belt) and at least one slurry outlet (¶ [0072] – discharge slurry pipe 227) configured to, in use, dispense a slurry into the forming area (¶ [0055] – slurry added to forming conveyor belt; ¶ [0073] – slurry is discharged through 227);
a sensor (¶ [0012] – distance measuring unit 1) trained on the forming area (¶ [0012] – to detect thickness of slurry) and configured to capture an image of the forming area (¶ [0016] – 1 composed of laser distance meters 101, generates a three-dimensional stereogram of the slurry thickness);
a mixer (¶ [0024] – mixer 21) configured to mix ingredients to form the slurry (¶ [0024] – slurry stirred by 21) and provide the slurry to the at least one slurry outlet (¶ [0067] – 21 and feeder 22 are connected; ¶ [0069]-[0070], [0072] – 227 provided at lower of discharge shell 222, which is arranged under 22)
a processor (¶ [0016] – controller 102) operable to:
control operation of the mixer (¶ [0069] - variable frequency pressure pump 24 controls slurry transfer speed of 21; ¶ [0079] – 102 adjusts 24)
analyses the image to identify the slurry (¶ [0016] – 102 calculates and generates three-dimensional stereogram of slurry thickness based on the monitored lasers), wherein the analysis of the image to identify the slurry includes analysing one or more of shape of at least a portion of the image (¶ [0012] – to detect thickness of gypsum slurry).
determine at least one characteristic of the slurry (¶ [0016] – slurry thickness) wherein the at least one characteristic of the slurry includes a depth (¶ [0012] – to detect thickness of gypsum slurry);
output at least one indication of the at least one characteristic of the slurry (¶ [0020] – generate a thickness distribution map; ¶ [0025] – analyze whether overall thickness meets standard range)
identify a desired change in the at least one characteristic (¶ [0060] – determines whether the slurry at the current position is too much or too little);
consult a predetermined list of mixer operation changes and corresponding changes in the at least one characteristic (¶ [0061] – when the slurry is too little, the feeding speed is limited according to the amount of slurry shortage; when the slurry is too much, the feeding is no longer supplemented; these operations would be predetermined);
identify a predetermined mixer operation change which causes a corresponding change in the at least one characteristic that is similar to the desired change in the at least one characteristic (¶ [0061] – when the slurry is too little, the feeding speed is limited according to the amount of slurry shortage; when the slurry is too much, the feeding is no longer supplemented; 102 would “identify” the feeding to use based on the thickness of slurry); and
change at least one operation of the mixer according to the identified predetermined mixer operation change (¶ [0061] – 2 controls switch of feeding pipe according to the detection result of 1)
wherein in response to the at least one indication falling outside of a predetermined acceptable range (¶ [0025] – analyze whether overall thickness meets standard range) the processor is configured to change at least one operation of the mixer (¶ [0069] - 24 controls slurry transfer speed of 21; ¶ [0079] – 102 adjusts 24)
Liu discloses the slurry stirred is by 21 (¶ [0090]), but does not explicitly state an operation of the mixer changed is “altering the speed of the rotor within the mixer”.
Liu also does not explicitly disclose wherein the at least one operation of the mixer changed is selected from the group consisting of: altering the density of a foam entering the mixer, altering the density of a foam before it enters the slurry that enters the mixer, and altering the speed of a rotor within the mixer.
Analogous art Tan discloses a paper-faced gypsum board casting device (¶ [0008]) comprising a slurry feeding mechanism, which includes a nozzle and connected to a slurry delivery pipe (¶ [0016]). A machine base is equipped with a speed measuring mechanism, which is electrically connected to the controller (¶ [0013]). Speed measuring mechanism measures the moving speed of the gypsum board, and the controller controls the pumping speed of the metering pump based on the speed value, controlling the spraying speed of the gypsum slurry, which ensures that the gypsum spraying speed matches the moving speed of the gypsum board, resulting in gypsum boards with uniform thickness and high quality (¶ [0025]). A storage tank is connected to the slurry feeding mechanism, wherein each nozzle is connected to a slurry delivery pipe connected to the storage tank and a metering pump electrically connected to a controller controls the pumping volume of the metering pump (¶ [0044]).
Tan discloses the at least one operation of the mixer changed is selected from the group consisting of: altering the speed of a rotor within the mixer (¶ [0043] – water pump electrically connected to control, which controls the pump’s on/off state, thereby controlling the stirring mechanism to supply gypsum slurry to the storage tank).
Liu and Tan disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the stirring mechanism controlled by a controller to inject gypsum slurry into a storage tank in Tan to the mixer and controller in Liu to ensure the gypsum spraying speed matches the moving speed of the gypsum board, resulting in gypsum boards with uniform thickness and high quality (¶ [0048]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot 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.
Regarding the 35 U.S.C. 103 rejection, applicant may amend the claim to recite an additional step that applies the data gathering into a particular and practical application based on a technological improvement found within the specification. See MPEP § 2106.05(e) and (h).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET.
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, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JONATHAN B WOO/Examiner, Art Unit 1754
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754
Prosecution Insights