Prosecution Insights
Last updated: April 19, 2026
Application No. 18/246,387

DATA CREATION DEVICE AND DATA CREATION SYSTEM

Non-Final OA §102
Filed
Mar 23, 2023
Examiner
TRAN, VI N
Art Unit
2117
Tech Center
2100 — Computer Architecture & Software
Assignee
Fanuc Corporation
OA Round
1 (Non-Final)
46%
Grant Probability
Moderate
1-2
OA Rounds
4y 1m
To Grant
83%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allow Rate
46 granted / 99 resolved
-8.5% vs TC avg
Strong +36% interview lift
Without
With
+36.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
39 currently pending
Career history
138
Total Applications
across all art units

Statute-Specific Performance

§101
15.5%
-24.5% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 99 resolved cases

Office Action

§102
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 Status Claims 1-15 remain pending and are ready for examination. Claim Interpretation 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. 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: a storage unit configured to store and a data creation unit configured to create in claim 1; a storage control unit configured to cause in claim 3; a display control unit configured to cause in claim 9; the data creation unit and the storage unit…configured to manage in claim 10; a display control unit configured to cause in claim 11; a display control unit configured to cause in claim 12; a storage unit configured to store and a data creation unit configured to create in claim 13; a storage control unit configured to cause in claim 14. Paragraphs [0060]-[0068] of the specification support the claim limitations. 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. 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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Haruyuki (JP2015199249A -hereinafter Haruyuki -Note: As the translation attached). Regarding Claim 1, Haruyuki teaches a data creation device comprising: a storage unit configured to store a molding condition file including data of a molding condition set in an injection molding machine; and (see [0030]; Haruyuki: “When the above molding identification information C is stored in the data holding memory in the control device of the injection molding machine in advance, such as the name of a mold or a molded article, for example, the information is stored from the memory.” See [0032]: “The data stored in the data storage memory 18a includes machine identification information A, work identification information B, and molding identification information C.”) a data creation unit configured to create, based on the molding condition file stored in the storage unit, image data of a molding condition screen used when the molding condition is displayed on a display of the injection molding machine and index data indicating a content of the molding condition represented by the image data. (see [0035]; Haruyuki: “The image data output device 17 shown in FIG. 5 includes an identification information selection unit 30, a file name creation unit 31, a file name setting unit 32, and an image data output unit 34. It consists of the identification information includes at least one of machine identification information A, work identification information B, and molding identification information C. In the image data output device 17 shown in FIG. 5, the identification information is included in the file name (see FIG. 1) of the file information (see FIG. 2) added to the image data.”) [That is, the file information reads on ‘the index data’] Regarding Claim 2, Haruyuki teaches all the limitations of claim 1 above, Haruyuki further teaches wherein the molding condition file comprises a plurality of molding condition files (see [0044]; Haruyuki: “When there are a plurality of image data files, desired image data is selected from among a plurality of image data by displaying a list of file names and file information of the plurality of image data or listing the images of the plurality of image data. This makes it easy to find out and leads to a reduction in the number of image data management steps.”), and the storage unit stores at least one of the molding condition file including the data of the molding condition currently set in the injection molding machine or the molding condition file including the data of the molding condition previously set in the injection molding machine. (see [0012]; Haruyuki: “when outputting image data of a screen of an injection molding machine to an external storage medium or a computer etc. connected to the injection molding machine by a network, the image data is added to the image data by adding at least one of machine identification information of the injection molding machine, work identification information, and molding identification information to a part of file information that is a memory for storing the name of the image data and the creation date of image data, etc..”) Regarding Claim 3, Haruyuki teaches all the limitations of claim 1 above, Haruyuki further teaches further comprising: a storage control unit configured to cause the storage unit to store the image data and the index data created by the data creation unit, in association with each other. (see [0012]; Haruyuki: “when outputting image data of a screen of an injection molding machine to an external storage medium or a computer etc. connected to the injection molding machine by a network, the image data is added to the image data By adding at least one of machine identification information of the injection molding machine, work identification information, and molding identification information to a part of file information that is a memory for storing the name of the image data and the creation date of image data, etc.”) Regarding Claim 4, Haruyuki teaches all the limitations of claim 3 above, Haruyuki further teaches wherein the storage control unit stores the image data and the index data created by the data creation unit, in the molding condition file. (see [0039]; Haruyuki: “Next, the file information creation means 41 creates file information 42 including the selected identification information. The file information 42 is combined with the screen image 13 in the screen image / file information combining means 43 to generate image data 44. Then, the image data 44 is output to the memory card 3, the printer 4, and the LAN 5 by the image data output unit 45.”) Regarding Claim 5, Haruyuki teaches all the limitations of claim 1 above, Haruyuki further teaches wherein the index data is a screen name of the molding condition screen. (see [0036]; Haruyuki: “When outputting the image data of the screen of the injection molding machine, identification information is added to the image data, so it is possible to simultaneously know the information related to the image data. By including identification information in part of the file name of the image data, it becomes possible to simultaneously know the information related to the image data from the file name of the image data.”) Regarding Claim 6, Haruyuki teaches all the limitations of claim 1 above, Haruyuki further teaches wherein the data creation unit creates the image data of the molding condition screen in which the molding condition is written on a display screen displayed on the display when the molding condition is to be set. (see [0047]; Haruyuki: “When outputting the image data of the screen of the injection molding machine, identification information is added to the image data, so it is possible to simultaneously know the information related to the image data. By including identification information in part of the file name of the image data, it becomes possible to simultaneously know the information related to the image data from the file name of the image data.”) Regarding Claim 7, Haruyuki teaches all the limitations of claim 1 above, Haruyuki further teaches wherein the image data of the molding condition screen comprises a plurality of image data of molding condition screens, the index data comprises a plurality of index data, and the data creation unit creates the plurality of image data of molding condition screens used when the molding condition is displayed on the display and the plurality of index data indicating the content of the molding condition represented by the plurality of image data, based on the molding condition file stored in the storage unit. (see [0044]; Haruyuki: “When there are a plurality of image data files, desired image data is selected from among a plurality of image data by displaying a list of file names and file information of the plurality of image data or listing the images of the plurality of image data.”) Regarding Claim 8, Haruyuki teaches all the limitations of claim 1 above, Haruyuki further teaches wherein the data creation unit and the storage unit are provided in a control device of the injection molding machine. (see [0042]; Haruyuki: “an external storage medium such as a memory card inserted into a memory card slot provided in a control device of an injection molding machine as an output destination of the image data, a storage medium of a management computer connected to the injection molding machine via a network Select one of the printers.” See [0031]: “The control device 10 mainly includes a display device 11, a display control means 12, a CPU 14, a ROM 15, a RAM 16, an image data output device 17, and a data storage memory 18a.” See [0035]: “The image data output device 17 shown in FIG. 5 includes an identification information selection unit 30, a file name creation unit 31, a file name setting unit 32, and an image data output unit 34.”) Regarding Claim 9, Haruyuki teaches all the limitations of claim 8 above, Haruyuki further teaches further comprising: a display control unit configured to cause the index data and the image data to be displayed on the display of the injection molding machine (see [0021]; Haruyuki: “The property is a screen for displaying file information attached to image data.”), wherein the display control unit causes the image data corresponding to the index data to be displayed (see [0022]; Haruyuki: “As shown in FIG. 3, the display screen of the display device is composed of an image data unit 1 of the screen and an identification information unit 2.”), the index data being selected, by an operator operating an operation unit , from among the index data displayed on the display. (see [0042]; Haruyuki: “(Sa03) Whether the operator includes the identification information in a part of the file name of the output image data as a second image data output form on this screen, or outputs the third output image data As a form, the identification information is included in the data area attached to the image data, or as the fourth form of image data output, the identification information is added to a part of the image of the image data to be output, or the three Select at least one of the output forms. Regarding Claim 10, Haruyuki teaches all the limitations of claim 1 above, Haruyuki further teaches wherein the injection molding machine comprises a plurality of injection molding machines (see [0023]; Haruyuki: “When a plurality of injection molding machines are connected to the management computer via a network, a storage medium such as a hard disk in the management computer may be the output destination”), and the data creation unit and the storage unit are provided in a management device configured to manage the plurality of injection molding machines. (see [0042]; Haruyuki: “an external storage medium such as a memory card inserted into a memory card slot provided in a control device of an injection molding machine as an output destination of the image data, a storage medium of a management computer connected to the injection molding machine via a network Select one of the printers.” See [0044]: “When there are a plurality of image data files, desired image data is selected from among a plurality of image data by displaying a list of file names and file information of the plurality of image data or listing the images of the plurality of image data. This makes it easy to find out and leads to a reduction in the number of image data management steps.”) Regarding Claim 11, Haruyuki teaches all the limitations of claim 10 above, Haruyuki further teaches further comprising: a second display different from the display of the injection molding machine; and (see [0041]; Haruyuki: “(Sa01) First, the operator selects the screen to be output from the screen of the injection molding machine and displays the screen on the screen of the injection molding machine. (Sa02) When the output form / output destination / output information selection screen display switch on the operation panel of the injection molding machine is pressed, the screen shown in FIG. 8 is displayed.”) a display control unit configured to cause the index data and the image data to be displayed on the second display, wherein the display control unit causes the image data corresponding to the index data to be displayed, the index data being selected, by an operator operating an operation unit, from among the index data displayed on the second display. (see [0042]; Haruyuki: “(Sa03) Whether the operator includes the identification information in a part of the file name of the output image data as a second image data output form on this screen, or outputs the third output image data As a form, the identification information is included in the data area attached to the image data, or as the fourth form of image data output, the identification information is added to a part of the image of the image data to be output, or the three Select at least one of the output forms. Further, an external storage medium such as a memory card inserted into a memory card slot provided in a control device of an injection molding machine as an output destination of the image data, a storage medium of a management computer connected to the injection molding machine via a network Select one of the printers. Here, when the printer is selected, since the image data is paper, the second and third image data output modes described above are not applied. Further, as output information, information to be output is selected from the identification information of the injection molding machine and the content to be output is input. FIG. 8 specifically shows “output / do not select” selection fields and input fields for inputting the contents of the respective output items for the work date, machine number, worker's name, screw diameter and the like.”) Regarding Claim 12, Haruyuki teaches a data creation system comprising: the data creation device according to claim 1; and (see claim 1 rejection) a display device, wherein the display device includes: (see [0031]; Haruyuki: “The control device 10 mainly includes a display device 11, a display control means 12.”) a second display different from the display of the injection molding machine; and (see [0041]; Haruyuki: “(Sa01) First, the operator selects the screen to be output from the screen of the injection molding machine and displays the screen on the screen of the injection molding machine. (Sa02) When the output form / output destination / output information selection screen display switch on the operation panel of the injection molding machine is pressed, the screen shown in FIG. 8 is displayed.”) a display control unit configured to cause the index data and the image data to be displayed on the second display, and wherein the display control unit causes the image data corresponding to the index data to be displayed, the index data being selected, by an operator operating an operation unit, from among the index data displayed on the second display. (see [0042]; Haruyuki: “(Sa03) Whether the operator includes the identification information in a part of the file name of the output image data as a second image data output form on this screen, or outputs the third output image data As a form, the identification information is included in the data area attached to the image data, or as the fourth form of image data output, the identification information is added to a part of the image of the image data to be output, or the three Select at least one of the output forms. Further, an external storage medium such as a memory card inserted into a memory card slot provided in a control device of an injection molding machine as an output destination of the image data, a storage medium of a management computer connected to the injection molding machine via a network Select one of the printers. Here, when the printer is selected, since the image data is paper, the second and third image data output modes described above are not applied. Further, as output information, information to be output is selected from the identification information of the injection molding machine and the content to be output is input. FIG. 8 specifically shows “output / do not select” selection fields and input fields for inputting the contents of the respective output items for the work date, machine number, worker's name, screw diameter and the like.”) Regarding Claim 13, the limitations in this claim is taught by Haruyuki as discussed connection with claim 1. Regarding Claim 14, the limitations in this claim is taught by Haruyuki as discussed connection with claim 3. Regarding Claim 15, Haruyuki teaches all the limitations of claim 13 above, Haruyuki further teaches wherein the storage unit is provided in the control device or the management device (see [0042]; Haruyuki: “an external storage medium such as a memory card inserted into a memory card slot provided in a control device of an injection molding machine as an output destination of the image data, a storage medium of a management computer connected to the injection molding machine via a network Select one of the printers.”), and the data creation unit is provided in the control device or the management device. (see [0031]; Haruyuki: “The control device 10 mainly includes a display device 11, a display control means 12, a CPU 14, a ROM 15, a RAM 16, an image data output device 17, and a data storage memory 18a.” See [0035]: “The image data output device 17 shown in FIG. 5 includes an identification information selection unit 30, a file name creation unit 31, a file name setting unit 32, and an image data output unit 34.”) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Katsuta (US7218990B2) discloses store shaping conditions set for moldings with identification information consisting of a file name. Maruyama (US20190121596A1) discloses displaying values of a plurality of molding conditions in a first display area, on the basis of layout information including a display size and a display position of the plurality of molding conditions. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VI N TRAN whose telephone number is (571)272-1108. The examiner can normally be reached Mon-Fri 9:00-5:00. 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, ROBERT FENNEMA can be reached at (571) 272-2748. 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. /V.N.T./Examiner, Art Unit 2117 /ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117
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Prosecution Timeline

Mar 23, 2023
Application Filed
Aug 23, 2025
Non-Final Rejection — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
46%
Grant Probability
83%
With Interview (+36.3%)
4y 1m
Median Time to Grant
Low
PTA Risk
Based on 99 resolved cases by this examiner. Grant probability derived from career allow rate.

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