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 .
DETAILED ACTION
Art Unit – Location
The Art Unit location of your application in the USPTO may have changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Art Unit 2682.
Claim Objections
Claims 1-4 are objected to because of the following informalities:
Claims 1-4 cite “all the driving positions”.
The Examiner understands the claims to mean “a corresponding plurality of driving positions”.
Claims 3 and 4 cite “all numerical values”
The Examiner understands the claims to mean “a corresponding plurality of numerical values”
Claim 4 cites “ all fixed position images”
The Examiner understands the claim to mean “a corresponding plurality of fixed position images”
Appropriate correction is required.
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.
Claims 1-11 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) Mathematical Concepts and Mental Processes. This judicial exception is not integrated into a practical application because the interpolation formula is a mathematical concept, the measurement of distance can be done as a mental process using available conventional tools, and the measurement of distance is generic and does not add significant extra-solution activity to the claim(s). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because measuring a distance is well understood, routine, and conventional and can easily be performed by a human with or without the use of basic tools.
Step 1. Claims are directed to a Process.
Step 2A
Prong 1. Mental Process and Mathematical Concepts
Prong 2. The additional elements of the measurement of distance and interpolation neither form a technical improvement nor a sufficient improvement for a technical environment. Please refer to MPEP 2106.04(d)(1).
Step 2B
There are no additional elements that amount to significantly more (unconventional) that covers a particular solution to a problem. Please refer to MPEP 2106.05 (a) and MPEP 2106.05(b). The claims(s) merely calculate distances from measurements and directions using an interpolation formula. Further limitations in dependent claims of: an image having fixed positions and directions on a television screen including a 3D image and measuring a distance between a subject in an image shape are conventional and do not warrant a technical improvement.
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 1-11 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.
The Applicants claims cite numerous antecedent basis issues: A claim limitation should be introduced by: “a” or “an” and then subsequently referred to by: “the” or “said”.
For example, the first occurrence of a limitation should read:
a driving numerical value
a driving position
a numerical controlled device
a numerical value
a distance
a distance measuring device
a plurality of driving positions
a calculation
an interpolation
Followed by:
The/said driving numerical value
The/said driving position
The/said numerical controlled device
The/said numerical value
The/said distance
The/said distance measuring device
The/said plurality of driving positions
The/said calculation
The/said interpolation
Claim 1 cites: “the numerical control” In this Office Action, the Examiner understands the claim to mean “the numerically controlled device”.
Dependent claims 5, 6, 7, 9, and 11 from independent claim 1 cite “the” “image”. However, claim 1 does not include an image.
Dependent claims 5, 6, 7, 9, 10, and 11 from independent claim 1 cite ”the/his television camera monitor screen”. However, claim 1 does not include a monitor screen.
Dependent claim 6 cites “recognized image”. However, claim 1 does not include a recognized image.
Examples of antecedent basis issues are shown above in this Office Action. The Applicant is advised to carefully parse the claim language and ensure that there are clear antecedents when filing an amendment.
Claim Rejections - 35 USC § 102
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 1-7 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murakami (WO 2019/156186) Machine Translation “Murakami”.
1. Murakami teaches: A method ("A method for calculating three-dimensional drive numerical values of a three-dimensional numerically driven control device in drive measurement of a tracking laser distance measuring device." [Description]) , comprising: associating the driving numerical value ("drive numerical value" [0006]) of the driving position ("driving position" [0006]) of the numerical controlled device ("numerically controlled television camera" [0006]) with the numerical value acquired by measuring the distance and direction from the driving position ("measured distance measured in that direction" [0006]) by the distance measuring device ("laser distance measuring device" [0006]) of the numerical control ("numerically controlled television camera" [0006]), acquiring the driving numerical values of all the driving positions of the numerical controlled device ("the drive position values and measurement values for all positions" [0006]) and related numerical values that relates with numerical values acquired by measuring the distances and directions from all the driving positions ("the drive position value for driving the drive
mechanism of the numerically controlled television camera in that direction, and the measured distance measured in that direction." [0006]), wherein the calculation is performed by using several different drive values of said numerical controlled device corresponding to several different driving positions of said numerical controlled device and numerical values measured the distances and directions from the several different driving positions by said numerically controlled distance measuring device ("measurement values are used to obtain the drive position values and measurement values for all positions on the fixed television camera monitor screen in Figure 1 by interpolation calculation." [0006]) by said numerically controlled distance measuring device by calculating with a formula such as the interpolation method ("interpolation calculation" [0006]) .
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
2. Murakami teaches: The method according to claim 1, the method further comprising: associating the driving numerical value of the driving position of the numerical controlled device with the numerical value acquired by measuring the distance and direction from the fixed position by said numerically controlled distance measuring device attached to the driving position of said numerical controlled device, acquiring the driving numerical values of all the driving positions of the numerical controlled device and the related numerical values that relates with numerical values acquired by measuring the distances and directions from all the driving positions to the fixed position by said numerically controlled distance measuring device attached to the driving position of said numerical controlled device, wherein the calculation is performed by using several different drive values of said numerical controlled device corresponding to several different driving positions of said numerical controlled device and values acquired by measuring the distance and direction from the several different drive positions to the fixed position by said numerically controlled distance measuring device attached to the driving position of said numerical controlled device by calculating with a formula such as the interpolation method.
Murakami teaches the claim language in claim 2 which is repeated from claim 1. In addition Murakami teaches the claimed “fixed position” ("measurements are taken at that work position, making it possible to measure that work position.” [0003]. The work position is a fixed position.)
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
3. Murakami teaches: The method according to claim 1, the method further comprising: associating the driving numerical value of the driving position of the numerical controlled device with the numerical value acquired by measuring the distance and direction from the driving position by the distance measuring device of the numerical control at the position of an image of the driving position shown on a television camera monitor screen, which is photographed by a television camera, acquiring the driving numerical values of all the driving positions of the numerical controlled device and the related numerical values that relates with all numerical values acquired by measuring the distances and directions from all the driving positions by said numerically controlled distance measuring device at the position of the image of all the driving positions photographed, wherein the calculation is performed by using numerical values associating the several different numerical values of the distances and directions measured by the numerically controlled distance measuring device at the several different driving positions with the driving numerical values of the several different driving positions of the numerical controlled device at the positions of images of the several different driving positions photographed by said television camera and displayed on the television camera monitor screen by a television camera and displayed on the television camera monitor screen by calculating with a formula such as the interpolation method.
Murakami teaches the claim language in claim 3 which is repeated from claim 1 in addition to the claimed “photographed by said television camera and displayed on the television camera monitor screen”. ("By matching the laser irradiation position of the tracking laser distance measuring device and the work position with their respective drive values at every position on the two-dimensional monitor screen shown on the fixed television camera, the drive value of the tracking laser distance measuring device that matches the drive value of that work position is driven, and measurements are taken at that work position, making it possible to measure that work position: [0003]).
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
4. Murakami teaches: The method according to claim 1, the method further comprising: associating the driving numerical value of the driving position of the numerical controlled device with the numerical value acquired by measuring the distance and direction from the fixed position by said numerically controlled distance measuring device attached to the driving position of said numerical controlled device at the position of an image of the fixed position shown on a television camera monitor screen, which is photographed by a television camera attached to the driving position of said numerical controlled device and photographs the fixed position, acquiring the driving numerical values of all the driving positions of the numerical controlled device and the related numerical values that relates with all numerical values acquired by measuring the distance and direction from the numerically controlled distance measuring device attached to the driving position to the fixed position at the positions of all fixed-position images on a television camera monitor screen photographed by the television camera mounted in the driving position at the positions of all fixed-position images on a television camera monitor screen photographed by the television camera mounted in the driving position, wherein the calculation is performed by using numerical values associating the several different numerical values of the distances and directions measured by the numerically controlled distance measuring device attached to the driving position of said numerical controlled device at the several different driving positions with the driving numerical values of the several different driving positions of the numerical controlled device at the positions of images of the several different driving positions photographed by said television camera and displayed on the television camera monitor screen by calculating with a formula such as the interpolation method.
Murakami teaches the claim language in claim 4 which is repeated from claim 1 in addition to the claimed “fixed position shown on a television monitor screen” ("The detected position on the fixed television camera monitor screen, which displays the image captured by the fixed television camera, or the position to be detected, is output and displayed as a numerical value of the position on the fixed television camera scanning line." [0005]).
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
5. Murakami teaches: The method according to claim 1, wherein: measuring the distance and direction between the image and the subject by said numerically controlled distance measuring device from the position of the television camera regarding the image photographed by the television camera and confirmed on the Television camera monitor screen; developing the image with the numerical values of the measured distance and direction on the screen of the television camera of the television camera, where the television camera continuously moves or is photographs by the television camera at different related positions (“The detected position on the fixed television camera monitor screen, which displays the image captured by the fixed television camera, or the position to be detected, is output and displayed as a numerical value of the position on the fixed television camera scanning line.” [0005]. "Figure 1 is an explanatory diagram showing how positions on a fixed television camera monitor screen, some of the drive position values when a three-tracking laser distance measuring device is driven to the corresponding locations, and some of the measurement values are used to obtain the drive position values and measurement values for all positions on the fixed television camera monitor screen in Figure 1 by interpolation calculation." [0006]). The camera photographs at different related positions in the grid.).
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
6. Murakami teaches: The method according to claim 1, wherein: measuring the distance and direction of the position of the recognized image on the television camera monitor screen shot by the television camera with the numerically controlled distance measuring device; displaying the television camera monitor screen as a three-dimensional image by adding the measured numerical value to the two-dimensional image of the television camera monitor screen (“ By matching the laser irradiation position of the tracking laser distance measuring device and the work position with their respective drive values at every position on the two-dimensional monitor screen shown on the fixed television camera, the drive value of the tracking laser distance measuring device that matches the drive value of that work position is driven, and measurements are taken at that work position, making it possible to measure that work position [0003]. "The high-speed tracking of the tracking mirror and the high image quality of the images captured by the tracking TV camera enable multiple detailed image recognition, enabling tracking image recognition in three-dimensional space, similar to human situational judgment." [0060]) .
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
7. Murakami teaches: The method according to claim 1, wherein: measuring the distance and direction of the position of the recognized image on the television camera monitor screen photographed by the television camera with the numerically controlled distance measuring device; operating the numerical controlled device at the position of the image on the television camera monitor screen using the measured values. (“The detected position on the fixed television camera monitor screen, which displays the image captured by the fixed television camera, or the position to be detected, is output and displayed as a numerical value of the position on the fixed television camera scanning line.” [0005]. "The high-speed tracking of the tracking mirror and the high image quality of the images captured by the tracking TV camera enable multiple detailed image recognition, enabling tracking image recognition" [0060]).
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
9. Murakami teaches: The method according to claim 1, characterized by: operating the numerical controlled device in the shape of the recognized image on the television camera monitor screen photographed by the television camera or the television camera attached to the driving position of the numerical controlled device "The high-speed tracking of the tracking mirror and the high image quality of the images captured by the tracking TV camera enable multiple detailed image recognition, enabling tracking image recognition in three-dimensional space, similar to human situational judgment." [0060]. The detailed image recognition recognizes shapes as shown in FIG. 31.) .
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
10. Murakami teaches: The method according to claim 1, characterized by: measuring the distance and direction of the driving position ("measured distance measured in that direction" [0006]) of the numerical controlled device on the screen of the television camera monitor photographed by the television camera with the distance measuring device of the numerical control; operating the numerical controller with an image in which numerical values of distance and direction are added to the driving position on the television camera monitor screen ("The detected position on the fixed television camera monitor screen, which displays the image captured by the fixed television camera, or the position to be detected, is output and displayed as a numerical value of the position on the fixed television camera scanning line." [0005]).
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
11. Murakami teaches: The method according to claim 1, characterized by: measuring the distance and direction of the subject of the image ("measured distance measured in that direction" [0006]) on his television camera monitor screen photographed by the television camera with the numerically controlled distance measuring device, photographing a image with a television camera driven by the numerical control in relation to the measured numerical value ("The detected position on the fixed television camera monitor screen, which displays the image captured by the fixed television camera, or the position to be detected, is output and displayed as a numerical value of the position on the fixed television camera scanning line." [0005]).
Therefore, the Applicant’s claimed invention would have been anticipated by a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Murakami (WO 2019/156186) Machine Translation “Murakami” in view of Lee (US 2018/0088587 A1) “Lee”.
8. Murakami teaches: The method according to claim 1, characterized by: setting a numerical value acquired by measuring a distance and a direction with the numerically controlled distance measuring device.
Murakami does not explicitly teach: as the driving range of the numerically controlled device.
However, Lee teaches: as the driving range of the numerically controlled device (“A radar sensor or another rangefinder (not shown) may be installed at the front side of the autonomous vehicle 100, which is also connected with the computing device 100 as well and working together with the camera set 220, to detect a moving object like a passing pedestrian” [0038].).
The position of the numerically controlled device of Murakami can be modified by Lee to adjust the driving range of the numerically controlled device.
The motivation for the combination is provided by Lee “in order to avoid collision” [0038] for an “autonomous vehicle” [ABSTRACT].
Therefore, the Applicant’s claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention and the claim is rejected.
Relevant Prior Art
JP 5508308
The touch panel operation on the TV camera monitor screen of the present invention can be applied to the operation of a robot of many numerical control devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TED W BARNES whose telephone number is (571) 270-1785. The examiner can normally be reached Mon-Fri. 8:00-5:00 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benny Tieu can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TED W. BARNES/ Ph.D. Electrical Engineering
Primary Examiner
Art Unit 2682
/TED W BARNES/Primary Examiner, Art Unit 2682