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 § 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.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Amended Claim 1 recites,
“measuring an elapsed time since a most recent detection of the external stimulus acting on the robot, the elapsed time being a continuous amount of time during which no additional external stimulus is detected since the most recent detection of the external stimulus,”. There is support for the limitation in the claim.
The first part of the phrase, “measuring an elapsed time since a most recent detection of the external stimulus…..” is implying that one is measuring a when a stimulus was detected. The term “elapsed time since detection” implies that the timer is counting continuously when the stimulus was detected.
Now on the other hand, the second phrase, “the elapsed time being a continuous amount of time during which no additional external stimulus is detected” contradicts the first phrase because the second phrase is insisting that there is a continuous time counting when there is NO DETECTION of a stimulus.
As such there is no support for the claimed limitation as originally filed.
This is new matter.
The rest of the claims are rejected for depending on claim 1 or for having similar deficiencies as claim 1.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hasegawa US 20220297307.
Regarding claim 1, Hasegawa discloses a robot that imitates a living thing (robot grows with time, expresses emotions, movement, etc; abstract; sec 0007, 0009, 0039), the robot, comprising:
a memory (sec 0005, 0052, 0053);
a controller (110; sec 0050-0060) configured to execute a processing:
setting, in the memory in response to detection of an external stimulus (sec 0050-0060) acting on the robot, a value of an emotion parameter expressing a pseudo-emotion (sec 0066-0072, 0077, 0090, 0017-0122, 0111, 0151, 0169);
measuring an elapsed time when there was NO DETECTION of the external stimulus acting on the robot, the elapsed time being a continuous amount of time during which no additional external stimulus is detected since the most recent detection of the external stimulus (sec 0052 teaches of timer function to measure i.e. keep time; sec 0111 teaches that when there is no external stimulus detected then wait for 5 secs and then execute a spontaneous movement or shaking of the robot, then wait another 5 sec and if there in not external stimulus then shake the robot again, the process continues until an external stimulus us detected); and
changing the set value of the emotion parameter, set in the memory in response to a determination that the measured elapsed time exceeds a predetermined amount of time (emotion parameter is changed when the emotion reaches a certain time; sec 0072-0077, 0109; in addition, WHEN the external stimulus is not detected in a predetermined period, that is the predetermined period of time is the time the processing exits the loop at step S512(yes) or S513 (yes); see Fig. 20, steps S510 to S513; sec 0077, 0180-0190, 0219, 0220}, and
controlling the robot to execute an action based on a currently set value of the emotion parameter in response to detecting the external stimulus acting on the robot or in response to a determination that an execution condition for executing a spontaneous action is satisfied (figs. 12-16; sec 0090, 0017-0122, 0111, 0151, 0169).
Regarding claim 2, Hasegawa discloses the robot according to claim 1, wherein the processes comprise changing the set value of the emotion parameter so that the apparatus appears to be in a calm state (sec 0097, 0100, 0103, 0106) when the pseudo-emotion is close to the predetermined state and, also, the external stimulus is not detected in the predetermined period (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 3, Hasegawa discloses the robot according to claim 2, wherein the processes comprise changing the set value of the emotion parameter in a step-wise manner so that the apparatus appears to be in the calm state due to the pseudo-emotion becoming a neutral emotion when the pseudo-emotion is close to the predetermined state and, also, the external stimulus is not detected in the predetermined period (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 4, Hasegawa discloses the robot according to claim 2, wherein the processes comprise changing a quantity by which the set value of the emotion parameter that is changed based on a period in which the external stimulus is not detected (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 5, Hasegawa discloses the robot according to claim 1, wherein
the controller changes a quantity by which the set value of the emotion parameter that is changed based on a pseudo personality of the robot (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 6, Hasegawa discloses the robot according to claim 1, further comprising:
a battery (sec 0179),
wherein the processes comprise changing an amount by which the set value of the emotion parameter is changed in accordance with an amount of charge of the battery (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 7, Hasegawa discloses the robot according to claim 1, farther comprising:
a battery (sec 0179),
wherein the processes comprise changing an amount by which the set value of the emotion parameter is changed based on whether charging of the battery is being performed (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 8, Hasegawa discloses a robot according method executed by a controller of a robot that imitates a living thing (robot grows with time, expresses emotions, movement, etc; abstract; sec 0007, 0009, 0039), the robot including the controller and a memory (sec 0005, 0052, 0053), and the method comprising:
setting in the memory in response to detection of an external stimulus acting on the robot, a value of an emotion parameter expressing a pseudo-emotion of the robot (sec 0072-0077, 0097-0109, 0108-0190);
measuring an elapsed time when there was NO DETECTION of the external stimulus acting on the robot, the elapsed time being a continuous amount of time during which no additional external stimulus is detected since the most recent detection of the external stimulus (sec 0052 teaches of timer function to measure i.e. keep time; sec 0111 teaches that when there is no external stimulus detected then wait for 5 secs and then execute a spontaneous movement or shaking of the robot, then wait another 5 sec and if there in not external stimulus then shake the robot again, the process continues until an external stimulus us detected); and
determining whether that the measured elapsed time exceeds a predetermined amount of time (emotion parameter is changed when the emotion reaches a certain time; sec 0072-0077, 0109; in addition, WHEN the external stimulus is not detected in a predetermined period, that is the predetermined period of time is the time the processing exits the loop at step S512(yes) or S513 (yes); see Fig. 20, steps S510 to S513; sec 0077, 0180-0190, 0219, 0220}; and
controlling to change the set value of the emotion parameter set in the memory to change in response to a determination in the determining that the measured elapsed time exceeds the predetermined amount of time(sec 0090, 0017-0122, 0111, 0151, 0169).
controlling the robot to execute an action based on a currently set value of the emotion parameter in response to detecting the external stimulus acting on the robot or in response to a determination that an execution condition for executing a spontaneous action is satisfied (figs. 12-16; sec 0090, 0017-0122, 0111, 0151, 0169).
Regarding claim 9, Hasegawa discloses the method according to claim 8, wherein the controlling includes:
changing the set value of the emotion parameter so that the robot appears to be in a calm state when the pseudo-emotion is close to the predetermined state and, also, the external stimulus is not detected in the predetermined period (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 10, Hasegawa discloses the method according to claim 9, wherein the controlling includes:
changing the set value of the emotion parameter in a step-wise manner so that the robot appears to be in the calm state due to the pseudo-emotion becoming a neutral emotion when the pseudo- emotion is close to the predetermined state and, also, the external stimulus is not detected in the predetermined period (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 11, Hasegawa discloses the method according to claim 8,
wherein the controlling includes changing a quantity by which the set value of the emotion parameter that is changed based on a measured elapsed time since the most recent detection of the external stimulus acting on the robot (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 12, Hasegawa discloses the method according to claim 8,
wherein the controlling includes changing a quantity by which the set value of the emotion parameter that is changed based on a pseudo personality of the robot (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 13, Hasegawa discloses the method according to claim 8, wherein:
the robot further includes a battery (sec 0072-0077, 0097-0109, 0108-0190), and
the controlling includes changing an amount by which the set value of the emotion parameter is changed in accordance with an amount of charge of the battery (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 14, Hasegawa discloses the method according to claim 8, wherein:
the robot further includes a battery (sec 0179), and
the controlling includes changing an amount by which the set value of the emotion parameter is changed based on whether charging of the battery is being performed (sec 0072-0077, 0097-0109, 0108-0190).
Regarding claim 15, Hasegawa discloses a non-transitory computer readable recording medium storing a program thereon, the program being executable by a controller of a robot that imitates a living thing (robot grows with time, expresses emotions, movement, etc; abstract; sec 0007, 0009, 0039), the robot including the controller and a memory (sec 0005, 0052, 0053), and the program controlling the controller to executing processing comprising:
setting in the memory in response to detection of an external stimulus acting on the robot, a value of an emotion parameter expressing a pseudo-emotion of the robot (sec 0072-0077, 0097-0109, 0108-0190);
measuring an elapsed time when there was NO DETECTION of the external stimulus acting on the robot, the elapsed time being a continuous amount of time during which no additional external stimulus is detected since the most recent detection of the external stimulus (sec 0052 teaches of timer function to measure i.e. keep time; sec 0111 teaches that when there is no external stimulus detected then wait for 5 secs and then execute a spontaneous movement or shaking of the robot, then wait another 5 sec and if there in not external stimulus then shake the robot again, the process continues until an external stimulus us detected);
changing the set value of the emotion parameter set in the memory in response to a determination that the elapsed time exceeds a predetermined amount of time (emotion parameter is changed when the emotion reaches a certain time; sec 0072-0077, 0109; in addition, WHEN the external stimulus is not detected in a predetermined period, that is the predetermined period of time is the time the processing exits the loop at step S512(yes) or S513 (yes); see Fig. 20, steps S510 to S513; sec 0077, 0180-0190, 0219, 0220}; and
controlling the robot to execute an action based on a currently set value of the emotion parameter in response to detecting the external stimulus acting on the robot or in response to a determination that an execution condition for executing a spontaneous action is satisfied (figs. 12-16; sec 0090, 0017-0122, 0111, 0151, 0169).
Regarding claim 16, Hasegawa discloses the robot according to claim 1, wherein the processes comprise increasing and amount by which the set value of the emotion parameter is changed as the measured elapsed time increases, such that:
(i) the set value of the emotion parameter is changed by a first change amount in response to a determination that the measured elapsed time exceeds, as the predetermined amount of time, a first predetermined amount of time (sec 0077, 0180-0190, 0219, 0220), and
(ii) the set value of the emotion parameter is changed by a second change amount greater than the first change amount in response to a determination that the measured elapsed time exceeds, as the predetermined amount of time, a second predetermined amount of time longer than the first predetermined amount of time (sec 0077, 0180-0190, 0219, 0220).
Regarding claim 17, Hasegawa discloses the robot according to claim 1, wherein the processes comprise changing the set value of the emotion parameter in response to the determination that the measured elapsed time exceeds the predetermined amount of time, in accordance with a first rule when the currently set emotion parameter satisfies a first condition, and in accordance with a second rule different from the first rule when the currently set emotion parameter satisfies a second condition different from the first condition (sec 0077, 0180-0190, 0219, 0220).
Regarding claim 18, Hasegawa discloses the method according to claim 8, further comprising increasing an amount by which the set value of the emotion parameter is changed as the measured elapsed time increases, such that:
(i) the set value of the emotion parameter is changed by a first change amount in response to a determination that the measured elapsed time exceeds, as the predetermined amount of time, a first predetermined amount of time (sec 0077, 0180-0190, 0219, 0220), and
(ii) the set value of the emotion parameter is changed by a second change amount greater than the first change amount in response to a determination that the measured elapsed time exceeds, as the predetermined amount of time, a second predetermined amount of time longer than the first predetermined amount of time (sec 0077, 0180-0190, 0219, 0220).
Regarding claim 19, Hasegawa discloses the non-transitory computer-readable recording medium according to claim 15, wherein the processes further comprise increasing an amount by which the set value of the emotion parameter is changed as the measured elapsed time increases, such that:
(i) the set value of the emotion parameter is changed by a first change amount in response to a determination that the measured elapsed time exceeds, as the predetermined amount of time, a first predetermined amount of time (sec 0077, 0180-0190, 0219, 0220), and
(ii) the emotion parameter is changed by a second change amount greater than the first change amount in response to a determination that the measured elapsed time exceeds, as the predetermined amount of time, a second predetermined amount of time longer than the first predetermined amount of time (sec 0077, 0180-0190, 0219, 0220).
Regarding claim 20, Hasegawa discloses the non-transitory computer-readable recording medium according to claim 15, wherein the processes further comprise changing the set value of the emotion parameter in response to the determination that the measured elapsed time exceeds the predetermined amount of time, in accordance with a first rule when the currently set emotion parameter satisfies a first condition, and in accordance with a second rule different from the first rule when the currently set emotion parameter satisfies a second condition different from the first condition (sec 0077, 0180-0190, 0219, 0220).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any claims supported claim limitation on the part of the applicant. The applicant is arguing on limitations that have no support in the originally submitted invention.
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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
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