8962
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
Claims 1-11 are pending.
This action is response to the application filed on May 25, 2023.
CROSS-REFERENCE TO RELATED APPLICATIONS
This application is a Continuation of International Application No. PCT/KR2021/016845 filed on November 17, 2021, which claims priority from Korean Application No. 10-2020-0161282 filed on November 26, 2020. The aforementioned applications are incorporated herein by reference in their entireties.
Information Disclosure Statement
Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) Paper No(s)/Mail Date: Receipt Date 05/25/2023.
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 device type information storage unit configured to….”, “ …. an artificial intelligence configuration information storage unit configured to….”, “ …. a device information storage unit configured to…. “ “ …. a device configuration unit configured to …..” and “….. a sensing data analysis unit configured to …. “ in claims 1-5. And “…. a device type information storage step of …. in a device type information storage unit; an artificial intelligence configuration information storage step of …. in an artificial intelligence configuration information storage unit; a device information storage step of … in a device information storage unit; an artificial intelligence configuration step of …. artificial intelligence configuration information for a device type corresponding to the device addition command from the user by consulting the artificial intelligence configuration information storage unit; a device configuration step of …. in the device information storage unit and configuring a connection with the actual device; and a sensing data analysis step of …. ” in claims 6-10.
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 § 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.
2173.05(e) Lack of Antecedent Basis [R-01.2024]
A claim is indefinite when it contains words or phrases whose meaning is unclear. In re Packard, 751 F.3d 1307, 1314, 110 USPQ2d 1785, 1789 (Fed. Cir. 2014).
Claims 1 and 6 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. which render indefinite claimed invention scope. A claim is indefinite when it contains words or phrases whose meaning is unclear. Because claims 1 and 6 recites “…. a device configuration unit configured to store device information for an actual device included in the device addition command and the selected artificial intelligence configuration information in association with each other in the device information storage unit ….” (not clear based on a selection input for one of pieces of artificial intelligence configuration information) , which render indefinite claimed invention scope. A claim is indefinite when it contains words or phrases whose meaning is unclear.
Examiner Note: May be renders the claim indefinite by failing to point out that is being performed. Applicants are advised to amend the claim so solve the 112 rejection set forth in the claim.
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 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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al (US 20210366472 A1).
With respect to claims 1 and 6, Lee et al teaches
a device type information storage unit configured to store device type information for a plurality of device types to be monitored ([0149] information include an operation of sensing information through a sensor, an operation of extracting information stored in the memory 170, or an operation of receiving information through a communication means from another terminal, an entity, or an external storage device);
an artificial intelligence configuration information storage unit configured to store one or more pieces of artificial intelligence configuration information for each of the device types (0008] to provide an artificial intelligence apparatus for integrating and controlling devices based on various artificial intelligence platforms);
a device information storage unit configured to store device information for each actual device of each of the device types ([0011] present invention provides an artificial intelligence apparatus and a method for the same, wherein the artificial intelligence apparatus stores a connection table including information about artificial intelligence platform);
an artificial intelligence configuration unit configured to receive a device addition command for one of the plurality of device types from a user, and to receive a selection input for one of pieces of artificial intelligence configuration information for a device type corresponding to the device addition command from the user by consulting the artificial intelligence configuration information storage unit ([0010] artificial intelligence apparatus obtains speech data corresponding to an utterance sentence of a user, [0011] the artificial intelligence apparatus stores a connection table including information about artificial intelligence platform apparatuses and IoT devices interworking, generates a command corresponding to the speech data using the determined artificial intelligence platform framework, and performs an interaction on the IoT device using the generated command);
a device configuration unit configured to store device information for an actual device included in the device addition command and the selected artificial intelligence configuration information in association with each other in the device information storage unit, and to configure a connection with the actual device ([0023] FIG. 9 artificial intelligence apparatus 100. [0029] when one part (or element, device, etc.) is referred to as being ‘connected’ to another part (or element, device, etc.), ‘directly connected’ to the latter, or ‘electrically connected’ to the latter via an intervening part (or element, device, etc. or directly connected);
and a sensing data analysis unit configured to receive sensing information of the device over the configured connection using the selected artificial intelligence configuration information, to analyze the received sensing information using the selected artificial intelligence configuration information, and to provide results of the analysis to the user ([0148] The processor 180 may be configured to collect, sense, extract, detect, and/or receive a signal or data used for data analysis and a machine learning operation through one or more sensing components in a terminal, for collecting information which is to be processed and stored in the learning processor 130. [0149] operation of sensing information through a sensor, an operation of extracting information stored in the memory 170, or an operation of receiving information through a communication means from another terminal, an entity, or an external storage device).
With respect to claims 2 and 7, Lee et al teaches receive an artificial intelligence configuration addition command from the user; and receive a selection input for one of a plurality of artificial intelligence algorithms applicable to a device type corresponding to the device addition command, generates a new artificial intelligence configuration, and stores the new artificial intelligence configuration in the artificial intelligence configuration storage unit ([0011] artificial intelligence apparatus stores a connection table including information about artificial intelligence platform apparatuses and IoT devices interworking therewith, determines an artificial intelligence platform framework necessary for interaction with the IoT device using the connection table even if the speech data specifies only the IoT device, generates a command corresponding to the speech data using the determined artificial intelligence platform framework, and performs an interaction on the IoT device using the generated command).
With respect to claims 3 and 8, Lee et al teaches to generate an artificial intelligence configuration by receiving a selection input for learning data of the selected artificial intelligence algorithm selected from the sensing information stored in the sensing information storage unit and training the selected artificial intelligence algorithm on the selected learning data ([0186] learning device 200 may be provided in a plurality to constitute the learning device set (or the cloud server). more learning device 200 included in the learning device set may analyze or train data through the distribution processing to derive the result. [0148] The processor 180 may be configured to collect, sense, extract, detect, and/or receive a signal or data used for data analysis and a machine learning operation through one or more sensing component).
With respect to claims 4 and 9, Lee et al teaches provide the user with actual devices belonging to the device type corresponding to the device addition command; receive a selection input for at least one of the actual devices from the user; and select sensing information, collected from the selected actual device, as learning data in the sensing information storage unit ([0148] The processor 180 may be configured to collect, sense, extract, detect, and/or receive a signal or data used for data analysis and a machine learning operation through one or more sensing component. [0186] learning device 200 may be provided in a plurality to constitute the learning device set (or the cloud server). more learning device 200 included in the learning device set may analyze or train data through the distribution processing to derive the result).
With respect to claims 5 and 10, Lee et al teaches provide the selected sensing information to the user; receive labeling information for each piece of sensing information from the user; and receive state information for each piece of labeling information from the user, and generates the sensing information, to which the labeling information is added, as learning data ([0148] The processor 180 may be configured to collect, sense, extract, detect, and/or receive a signal or data used for data analysis and a machine learning operation through one or more sensing component. [0186] learning device 200 may be provided in a plurality to constitute the learning device set (or the cloud server). more learning device 200 included in the learning device set may analyze or train data through the distribution processing to derive the result).
With respect to claim 6, Lee et al teaches computer-readable storage medium having stored thereon a program that causes a computer to perform ([0394] above-described method may be implemented as a processor-readable code in a medium where a program is recorded. Examples of a processor-readable medium may include hard disk drive (HDD), solid state drive (SSD), silicon disk drive (SDD), read-only memory (ROM), random access memory (RAM), CD-ROM, a magnetic tape, a floppy disk, and an optical data storage device).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISAAC M WOO whose telephone number is (571)272-4043. The examiner can normally be reached 9:00 to 5:00.
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/ISAAC M WOO/Primary Examiner, Art Unit 2163