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 § 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.
Claim 6 is rejected under 35 U.S.C. 101 because the computer program product comprising instructions which, when the program is executed on a computer, cause the computer to carry out the steps of a method according to claim 1, represents software, MPEP 2106 e.g. “on-limiting examples of claims that are not directed to any of the statutory categories include:
• Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations;
• Transitory forms of signal transmission (often referred to as “signals per se”), such as a propagating electrical or electromagnetic signal or carrier wave; and
• Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA ), Public Law 112-29, sec. 33, 125 Stat. 284 (September 16, 2011
Claims 1-6 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) a mental process encompassing steps of detecting, grouping, forming correlations, and calculating described below.
detecting raw material parameters relating to properties of the raw materials (claims 1, 2,5)
grouping the raw material parameter into at least two raw material parameter groups (claim 1)
forming correlations between raw material parameter groups (claim 1)
forming correlations between film parameters and the raw material parameter groups based on a film production model, (claim 1) detecting a selection of at least one raw material from at least one raw material parameter group, calculating at least one production parameter of the film extrusion machine based on the film production model (claim 1)
Claims 2, 4, and 5 further recite mental processes including detecting, weighing, and detecting production parameters.
This judicial exception is not integrated into a practical application because the capturing and outputting represent insignificant extra solution activity described below
capturing film parameters relating to desired properties of the plastic film AND outputting the production parameter of the film extrusion machine (claims 1, 3), MPEP 2106.05(g). The additional limitation of a film production model, plastic film, raw materials, properties, and film extrusion machine are generally described so as to link the abstract to the field of production (claims 1)., MPEP 2106.05(h). The computer represents mere instructions to apply the abstract idea (claim 6) , MPEP 2106.05(f)
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the processor represents mere instructions to apply the abstract idea while the insignificant extra solution activity is well understood, conventional, and routine, see MPEP 2106.05(d).
Claim Rejections - 35 USC § 103
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 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(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Cheetham et al. (PG/PUB 20040068339) in view over Ederleh et al. (PG/PUB WO2021073999A1) .
Claim 1.
Cheetham et al. teaches a method but does not expressly teach the plastic film, film properties, film materials, film model, and extrusion limitations described below. Ederleh et al. teaches the plastic film, film properties, film materials, film model, and extrusion limitations described below as well as producing a plastic film from a total of raw materials with a film extrusion machine, comprising the following steps:
capturing film parameters relating to desired properties of the plastic film (Cheetham et al., ABSTRACT, Figure 1-10, 20, 40, 50 e.g. see capturing material properties corresponding to material selections, see Ederleh et al., for properties including film barrier, stability, color, etc., page 5/11, 2nd para.)
detecting raw material parameters relating to properties of the raw materials (Cheetham et al., , Figure 1-70, 80, 90, 120 e.g. see matching raw materials to desired properties, see Ederleh et al. for multiple raw materials, page 2/11 (2nd para.), 4/11 (4th para.), 6/11 2nd para. )
grouping the raw material parameter into at least two raw material parameter groups (Cheetham et al., Figure 1-100-130 e.g. see as identifying matching materials as reading on grouping of materials, see Ederleh et al. for multiple raw materials, page 6/11)
forming correlations between raw material parameter groups (Cheetham et al., Figure 1-120 e.g. see sorting and weighting as reading on forming correlations between material parameter groups)
forming correlations between film parameters and the raw material parameter groups based on a film production model (Ederleh et al., see modelling relationship between film materials and film properties, ABSTRACT, page 3/11, page 6/11, Figures 3-4 see modelling a relationship between input parameters (film materials) and output parameters (film properties), see material groups of Cheetham.
detecting a selection of at least one raw material from at least one raw material parameter group (Cheetham et al., 0006-0008 e.g. see selecting raw materials based upon output results, Figure 1, see Ederleh et al. for material selection, page 2/11, page 6/11)
calculating at least one production parameter of the film extrusion machine based on the film production model (Ederleh, ABSTRACT , page 3/11, page 6/11, Figures 3-4 e.g. see determining extrusion machine settings for achieving film property based on production model, see output parameters of production model)
outputting the production parameter of the film extrusion machine (Ederleh et al., ABSTRACT, page 2/11, 5/11, 6/11 e.g. see applying settings for control and regulation of the film extrusion system)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Ederleh et al., namely controlling film extrusion based on a film production model correlating the relationships between film materials and properties, to the teachings of Cheetham et al., namely determining relationships between material groups and material parameters, and selecting materials for achieving target properties, would achieve an expected and predictable result of selecting optimal groups of materials for achieving the target properties for film manufacturing. Ederleh et al. is reasonably pertinent to a problem of identifying optimal materials for achieving material properties using optimization with a benefit of reducing energy demand during production as described, page 4/11)
Claim 2.
The method according to claim 1 comprising the following step: detecting a level of detail for the raw material parameter groups (Cheetham Figure 1 e.g. see sorting as detecting a level of detail)
Claim 3.
The method according to claim 1, additionally comprising the following step:
outputting selection suggestions for selecting raw materials (Cheetham et al., Figure 1- 130)
Claim 4.
The method according to claim 1, additionally comprising the following step:
weighting raw material parameter groups (Cheetham, Figure 1-120 e.g. see sorting as weighting, see also Table 1, 0006-0009, 0035-0040)
Claim 5.
The method according to claim 1, additionally comprising the following step:
detecting production parameter ranges of at least one film production machine (Cheetham, Table 1, 0006-0009, 0035-0040, see Ederleh for production parameter ranges e.g. “. If the lower limit for this non-prioritized model parameter is now set during optimization in the form of the thickness of the film, it is ensured that the variation of this non-prioritized model parameter does not leave the stable production range. This default can be given in a manual way, but also by the production model itself. In addition to the change limit, which can of course also be designed as a change corridor, the direction of change can also provide that only an increase or decrease of the non-prioritized model parameter to be changed directs or limits the optimization in the desired way.”)
Claim 6.
A computer program product comprising instructions which, when the program is executed on a computer, cause the computer to carry out the steps of a method according to claim 1 (Cheetham, 0004-0005)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Claim 1 relevancy
201903150371 – model is optic quality to settings for machine, and setting variables of machine to achieve quality ,
20190232543 -0092
WO2018072773 20190315037 20190232543 -0092
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/DARRIN D DUNN/Patent Examiner, Art Unit 2117