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 .
Response to Amendment
Rejection of Claims 1-19 under 35 U.S.C. 101 because the claimed invention is directed a judicial exception (i.e, abstract idea-mental process) without significant more has been withdrawn.
Rejection of Claim(s) 1-19 under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi (US 2016/0203605) has been modified in light of applicants amendments.
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.
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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi (US 2016/0203605).
Regarding claim 1, Hayashi teaches a colony image inspection device comprising a storage section (equivalent to computer-readable recording medium 100 [0008]) that stores a count table including a cell to which a count result of each of a plurality of test individuals is input (Refer to Figure 7); a display control section (screen, figures 7 and 8) that displays the count table stored in the storage section on a display device (equivalent to a screen; [0066]); a cell identifying section (for example, equivalent to “foodstuff A" or “general viable bacteria” on figures 3, 7 and 8) that identifies a target cell to which a count result is input from among a plurality of the cells included in the count table displayed by the display control section; a counting instruction section (refer figures 3, 7 and 8) that generates a counting instruction according to an operation of a user; an acquisition section (10) that acquires a test image that is an image of the test individual based on the counting instruction generated by the counting instruction section; a counting section (refer to figures 7 and 8) that counts colonies included in the test individual based on the test image acquired by the acquisition section; and a table management section (tables indicated in Figures 3-8) that reflects a number of the colonies counted by the counting section on the target cell identified by the cell identifying section; the cell identifying section (for example in Figure 7, “food stuff, “inspection item” identifies the target cell based on information identifying one of the plurality of cells, and the count result (in figure 7, the counts are listed) of the respective test individual counted by the counting section is input into the target cell identified by the cell identifying section. (Refer to Figures 3, 7 and 8)
Regarding claim 2, the table management section (figure 7) creates a count table including an identification information cell (inspection item), which stores identification information of the test individual, and a count result cell, which is associated with the identification information cell and stores a count result of the number of the colonies for the test individual, and stores the count table in the storage section according to an operation of the user. (Refer to Figure 7)
Regarding claim 3, the table management section (tables indicated in figures 4-7) associates a test condition with the count result cell that stores the count result of the number of the colonies.
Regarding claim 4, the acquisition section (camera, 110c) includes an illumination section that illuminates the test individual (refer to paragraph [0034]); and an imaging section (camera, 110c) that captures an image of the test individual illuminated by the illumination section, and the test condition includes at least one of an illumination condition of the illumination section and an imaging condition of the imaging section. (Refer to paragraphs [0096-0094)
Regarding claim 5, the illumination section (colony image 1 and N indicated in figure 3) operates according to either a first illumination mode in which epi-illumination is performed on the test individual or a second illumination mode in which transmitted illumination is performed on the test individual from a direction opposing the imaging section, and the test condition includes selection of the first illumination mode or the second illumination mode. (Refer to Paragraph [0034])
Regarding claim 6, the test condition (general bacteria or staphylococcus indicated in figure 3) includes a counting condition to be applied to the counting section, and the counting condition includes at least one of a threshold for detecting a colony and a color serving as a reference in detecting the colony. (Refer to Paragraph [0057])
Regarding claim 7, the counting section outputs an illumination command according to the test condition associated with the target cell to the illumination section when the counting instruction is input by the user, the illumination section illuminates the test individual according to the illumination command, the imaging section captures the image of the test individual illuminated by the illumination section according to the illumination command and generates the test image, and the counting section counts the number of the colonies based on the test image. (Refer to Figure 7 and 8 and paragraph [0057])
Regarding claim 8, when the target cell is changed from a first cell to a second cell by the cell identifying section, the counting section changes a test condition to be applied to the acquisition section from a first test condition associated with the first cell to a second test condition associated with the second cell. (Refer to Figure 3)
Regarding claim 9, a database configured to assist creation of the count table; and a registration section that registers data in the database (refer to paragraph [0042]), wherein the count table (refer to Figure 3) includes a plurality of row elements each including the identification information cell and the count result cell, the registration section is configured to register a row element in the database, the row element being included in the count table in which the count result has been input to the count result cell and including a cell and a test condition associated with the cell, and the table management section creates a new count table based on a cell constituting a row element designated by the user among the plurality of row elements held in the database and a test condition associated with the cell. (Refer to Figure 3)
Regarding claim 10, the count table (general bacteria or staphylococcus indicated in figure 3) includes a plurality of column elements, and each of the plurality of column elements is associated with a different combination of a culture condition and a bacterial species of the test individual, the table management section (tables indicated in figures 4-7) determines whether or not the row element designated by the user among the plurality of row elements held in the database is included in the new count table, further determine whether or not the row element designated by the user includes a cell of a column element not included in the new count table when determining that the row element designated by the user is not included in the new count table, and adds the column element to the new count table when determining that the row element designated by the user includes the cell of the column element not included in the new count table. (Refer to Figure 3) (Refer to paragraph [0040])
Regarding claim 11, a plurality of row elements (specimen number, refer to Figure 3) in which a parent-child relationship is defined.
Regarding claim 12, when application of statistical processing is instructed, the table management section (tables indicated in figures 4-7) creates the count table to include n row elements respectively storing count results of n culture vessels, which culture a same test individual, and at least one row element storing statistical processing results of the n row elements. (Refer to Figure 3) (Refer to paragraph [0093-0094])
Regarding claim 13, the display control section causes the display device to display the test image and the count table side by side indicated in figures 7 and 8), the cell identifying section identifies the target cell according to selection of the user from among the plurality of cells included in the count table displayed on the display device together with the test image, and the display control section causes the display device to display the count table in which the number of the colonies counted by the counting section has been reflected on the target cell together with the test image.
Regarding claim 14, the display control section (colony image 1 and image N indicated in Figure 3) displays a first control object for setting an illumination condition included in the test condition associated with the target cell and a second control object for setting a counting condition included in the test condition on the display device, displays a setting screen for setting the illumination condition on the display device when sensing that the first control object is operated by the user, and displays a setting screen for setting the counting condition on the display device when sensing that the second control object is operated by the user. (Refer to Figure 3)
Regarding claim 15, the display control section displays a third control object for instructing the counting section to execute counting and a fourth control object for instructing registration of the count result in the target cell on the display device. (Refer to Figures 4-7)
Regarding claim 16, the display control section changes a command issued by operating the third control object from a command for instructing the counting to a command for instructing the acquisition section to acquire the test image when sensing that the third control object is operated by the user. (Refer to Figures 4-7)
Regarding claim 17, the display control section displays the fourth control object not to be operated by the user when the command for instructing the counting is assigned to the third control object, and assigns the command for instructing the acquisition section to acquire the test image to the third control object and changes the display of the fourth control object to be operated by the user when the third control object to which the command for instructing the counting is assigned is operated and the count result is acquired. (Refer to Figure 3 and paragraph [0059])
Regarding claim 18, the display control section registers the count result in the target cell when the fourth control object is operated, and changes the fourth control object again not to be operated by the user, and causes the acquisition section to acquire the test image and assigns the command for instructing the counting to the third control object when the third control object to which the command for instructing the acquisition section to acquire the test image has been assigned is operated. (Refer to paragraph [0061])
Regarding claim 19, a first hardware button and a second hardware button provided in a housing of the colony counting device, wherein the first hardware button and the third control object are assigned a same function, and the second hardware button and the fourth control object are assigned a same function. (Refer to Figures 4 and 5)
Response to Arguments
Applicant's arguments filed 5/7/2026 have been fully considered but they are not persuasive. Applicants argue that Hayashi does not count colonies. Examiner respectfully disagrees Hayashi teaches “capturing of the colony image performed by the colony counter, automatically counting the number of colonies is exemplified; however, automatically counting the number of colonies may also be performed by the colony image inspection device” [0036]. Applicants further argue that Hayashi fails to teach the claimed storage section, count table or table management section. Examiner respectfully disagrees. As stated above in the rejection, Hayashi teaches a storage section (essentially a computer with storage) which is equivalent to applicant’s storage section. Hayashi further teaches a count table as illustrated in many figures including Figure 3 of Hayashi. Hayashi further teaches a table management section that is equivalent to the MCU/processor/computer as shown in Figure 11, Hayashi discloses FIG. 11 is a schematic diagram illustrating an example of a computer that executes a colony image inspection program according to each of the first embodiment and a second embodiment. As illustrated in FIG. 11, a computer 100 includes an operating unit 110a, a speaker 110b, a camera 110c, a display 120, and a communication unit 130. Furthermore, the computer 100 includes a CPU 150, a ROM 160, an HDD 170, and a RAM 180. Each of the units 110 to 180 is connected via a bus 140. Furthermore, the camera 110c described above may also be connected by a USB or wirelessly connected as imaging equipment or the HDD 170 stores therein, in advance, a colony image inspection program 170a having the same function as that performed by the receiving unit 14, the acquiring unit 15, the calculating unit 16, the selecting unit 17, and the output unit 18 described in the first embodiment. Similarly to each of the units, i.e., the receiving unit 14, the acquiring unit 15, the calculating unit 16, the selecting unit 17, and the output unit 18, that are illustrated in FIG. 2, the colony image inspection program 170a may also be integrated or separated. Specifically, not all pieces of the data need to be always stored in the HDD 170 as long as only the data needed for a process is stored in the HDD 170. Essentially, the computer/processor of Hayashi is equivalent to applicants “table management section”.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTI NAGPAUL whose telephone number is (571)272-1273. The examiner can normally be reached M-F 9am to 5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JYOTI Mutreja/Primary Examiner, Art Unit 1798
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