DETAILED ACTION
Claims 1-11 are pending in the present application.
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 17 April 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(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 and 8 are is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by 12,571,779 B2 .
The applied reference has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Kanazawa et al. teaches the following:
A training support method for causing a computer to execute processing for
assisting a training operation of an estimation model used to detect a peak of a signal waveform acquired by an analysis device, the training support method comprising:
[note: Abstract, “the generated waveform data D12 of the unseparated peaks is input as learning data, and the waveform data D1 and D2 corresponding to the waveform data D12 are input as training data in Step S40. Next, machine learning is performed using the waveform data D12, D1, and D2, and a learned model for estimating an accurate separation method of unseparated peaks is constructed based on the trained result (S50).” ];
acquiring a first signal waveform output by an analysis device [note: figure 4, S10, acquire waveform data D1 including the peak P1 of the composition A ];
displaying the first signal waveform on a display device [note: column 4 lines 26 through 30, display unit 50 ];
acquiring a second signal waveform having a high similarity degree to the first signal waveform and second peak information specifying one or more peaks of the second signal waveform from a storage device that stores a plurality of annotated signals [note: figure 4, step S20, acquire waveform data D2 including the peak P2 of the composition B; ; also see column 3 line 58 through column 4 line 11; column 4 lines 61- column 5 line 42 ];
displaying, on the display device, the second signal waveform and a second peak information image indicating the second peak information [note: column 4 lines 42 through 47, display unit 94 ];
receiving input, by a user, of first peak information specifying one or more peaks of the first signal waveform [note: column 6 lines 7-17, the sample including compositions A and B is separated and detected by the data analysis device; also column 5 lines 9-42 ---- ]; and
training the estimation model based on the first signal waveform and the first peak information [note: column 5 lines 26-42, note the machine learning model of the discriminator 820 may use a neural network (i.e. estimation model); column 6 line 57 through column 7 line 11; also column 7 lines 55-65; figure 1 ].
Claim 8: The training support method according to claim 1, further comprising displaying a first peak information image indicating the first peak information on the display device [note: figure 1 (50), display unit ].
Allowable Subject Matter
Claims 2-7, and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note attached form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRETA ROBINSON whose telephone number is (571)272-4118. The examiner can normally be reached Mon.-Fri. 9:30AM-6:00PM.
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, Hassan Mahmoudi can be reached at 571-272-4078. 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.
/GRETA L ROBINSON/Primary Examiner, Art Unit 2163
Prosecution Insights