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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Examiner notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The entire reference is considered to provide disclosure relating to the claimed invention. The claims & only the claims form the metes & bounds of the invention. Office personnel are to give the claims their broadest reasonable interpretation in light of the supporting disclosure. Unclaimed limitations appearing in the specification are not read into the claim. Prior art was referenced using terminology familiar to one of ordinary skill in the art. Such an approach is broad in concept and can be either explicit or implicit in meaning. Examiner's Notes are provided with the cited references to assist the applicant to better understand how the examiner interprets the applied prior art. Such comments are entirely consistent with the intent & spirit of compact prosecution.
Claim Objections
Claim 13 objected to because of the following informalities: “the method includes providing one or more constraints, said constrains being”. Likely meant to say “said constraints” not constrains. Appropriate correction is required.
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 1-18 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.
Claim 1 says “said digital working tool being arranged for” It is not clear whether the following information is what comprises the tool, or is merely a possible arrangement. Suggested correction “. . . said digital working tool being used
Claim 4 says “A method comprising using a digital working tool according to claim 1, said method comprising the following steps:” This is unclear. Suggested rewording “A method of using a digital working tool according to claim 1, said method comprising the following steps:” Claims 2, 3, and 5-18 are rejected for being dependent on a rejected base claim. Correction is therefore required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10, and 12-18 are rejected under 35 U.S.C. 102 as being anticipated by Loberg et al., US 20110191706 A1 (Loberg).
Claim 1.
Loberg teaches A digital working tool for architectural planning and construction, said digital working tool being arranged for - receiving data; (Loberg 0044) “the design software system can receive the input and identify the components.”
- creating a database system with nodes and node connections, (Loberg 0034) “the design software system can create programming objects for each component, attribute, option, relationship, and behavior. The design software system can store these objects within a single data structure.” (0044) “an object database 115 comprising objects for each design component and assembly in the design space 110.”
wherein a node is a 2D or 3D space or an object in a 2D or 3D space or linked to a 2D or 3D space, (Loberg 0064) “the design software system can also represent components in a three-dimensional ("3D") interface.” (0065) “As such, the design software system can represent a single dataset as two-dimensional and three-dimensional graphical representations instantly and interchangeably.”
preferably wherein a node has one or more attributes; (Loberg 0046) “Attributes can include product features and characteristics, such as, for example, size, shape, color, type, texture, price, material composition, etc. Product parameters can include rules and behaviors associated with each component.”
- processing a request provided to the digital working tool; and - providing an output wherein at least one node or a node connection thereof has been modified or wherein at least one new node or new node connection has been created, (Loberg 0073) “Upon receiving the user input moving the grip 150a, the design software system can automatically resolve the work surface 122e to reflect the user's design intent. the design software system can automatically modify the dimensions and shape of the work surface 122e to comprise a wave work surface reflecting the repositioning of the grip 150a.”
and wherein the step of providing an output includes one or more of the following: - the creation of a new node with a new node connection to an already existing node; - defining a type of a new node or existing node; and/or - modifying an existing node in terms of type and/or geometry. From the above list of alternatives, the Examiner is selecting "the creation of a new node with a new node connection to an already existing node". (Loberg 0049) “The design software system also automatically creates and associates objects including attributes and product parameters with each of the components of the additional product assembly 112b.”
Claim 2.
Loberg teaches The digital working tool according to claim 1, wherein a node is a 2D or 3D space or an object in a 2D or 3D space. (Loberg 44) “an object database 115 comprising objects for each design component and assembly.” (0065) “the design software system can represent a single dataset as two-dimensional and three-dimensional graphical representations instantly and interchangeably.”
Claim 3.
Loberg The digital working tool according to claim 1, wherein a node connection is a defined relationship between two nodes. (Loberg 0034) “implementations of the present invention can include a solution level programming object, which recognizes behaviors and relationships between objects within the design.” (0079) “The user can break the link between the original and reference at any time, allowing for customization of specific groupings where required.”
Claim 4.
Loberg teaches A method comprising using a digital working tool according to claim 1, said method comprising the following steps, - receiving a request input or data change in the digital working tool; and (Loberg 0083) “a method in accordance with: an implementation of the present invention can comprise an act 310 of receiving an initial user input indicating at least one drawing start point. Act 310 can involve receiving input from a user that corresponds to placing, repositioning, or changing of a drawing starting point within the design space.”
- providing an output wherein at least one node or a node connection thereof has been modified or wherein at least one new node or new node connection has been created (Loberg 0086) “Act 330 can involve automatically populating the additional furniture component within the design space.”
and wherein the step providing an output includes one or more of the following: - the creation of a new node with a new node connection to an already existing node; - defining a type of a new node or existing node; and/or - modifying an existing node in terms of type and/or geometry. From the above list of alternatives, the Examiner is selecting "the creation of a new node with a new node connection to an already existing node". (Loberg 0050) “the design software system automatically generates an "L-corner" joint or interconnection between the product assembly 112a and the newly added product assembly 112b.”
Claim 5.
Loberg teaches The method according to claim 4, wherein the step of receiving a request, input or data change implies tagging a node or creating a new node connection. (Loberg 0079) “The user can break the link between the original and reference at any time, allowing for customization of specific groupings where required. . . .The user designates the product assembly 116c as a reference copy of the combination of product assemblies 116a, 116b.
Claim 6.
Loberg teaches The method according to claim 4, wherein the step of receiving a request, input or data change implies modifying an existing node. (Loberg 0075) “that upon receiving this user input, the design software system automatically modifies the dimension of the work surface 122/ by increasing its length.”
Claim 7.
Loberg teaches The method according to claim 4, wherein the step of providing an output includes the creation of a new node with a new node connection to an already existing node. (Loberg 0049) “The design software system also automatically creates and associates objects including attributes and product parameters with each of the components of the additional product assembly 112b.” (0050) “the design software system automatically generates an "L-corner" joint or interconnection between the product assembly 112a and the newly added product assembly 112b.”
Claim 8.
Loberg teaches The method according to claim 4, wherein the step of providing an output includes defining a type of a new node or existing node. (Loberg 0044) “identify each component's location, type, size, relationships to other components, etc.” (0061) “the design software system can automatically apply default attributes, parameters, and options to all of the component(s).” (0040) “can apply the defaults inherent to the selected product type when in the initial layout.”
Claim 9.
Loberg teaches The method according to claim 4, wherein the step of providing an output includes modifying an existing node in terms of type and/or geometry. (Loberg 0073) “that the design software system can automatically modify the dimensions and shape of the work surface 122e to comprise a wave work surface reflecting the repositioning of the grip 150a.”
Claim 10.
Loberg teaches The method according to claim 4, wherein the method also comprises a step of - receiving a confirmation or denial from the user of the output wherein at least one node or a node connection thereof has been modified or wherein at least one new node or new node connection has been created. From the above list of alternatives, the Examiner is selecting "receiving a confirmation or denial from the user wherein at least one node or a node connection thereof has been modified". (Loberg 0060) “The design software system can then prompt the user to accept this change, or view additional possible alternative solutions.” (0063) “the user can enter input to select the default solution (e.g., press the enter key or the R key to resize adjacent and subsequent components). If the user prefers the adjacent and subsequent components to move, the user can select the non-default solution by holding down a particular key.”
Claim 12.
Loberg teaches The method according to claim 4, wherein the method includes performing a selection optimization from all possible outputs to at least one optimal output, (Loberg 0059) “the design software system can generate a warning notification, offering all possible solutions.” (0060) “the selection between multiple possible solutions.”
preferably to a selection of a number of possible outputs, more preferably the selection optimization is performed based on one or more set parameters, more preferably based on a given shape and/or length. (Loberg 059) “. . . offering all possible solutions.” (0060) “. . . view additional possible alternative solutions.”
Claim 13.
Loberg teaches The method according to claim 4, wherein the method includes providing one or more constraints, said constrains being rules on nodes in terms of maximum or minimum values and/or possibility of change. (Loberg 0048) “the design software system will only allow the user to draw the line representing the product assembly 112a to lengths of 6" increments.” (0058) “the design software system can constrain the overhead cabinet 130a reference copies to a single vertical position with the top of the overhead cabinet 130a being flush with the top of the panel divider 120d.”
Claim 14.
Loberg teaches The method according to claim 13, wherein the method includes performing a change of a value of one node (Loberg 0075) “the design software system automatically modifies the dimension of the work surface 122l by increasing its length.”
and wherein the method provides an adaptation of at least another node based on set one or more constraints. (0076) “changing dimensionally to accommodate the user's modification while maintaining the overall drawn line dimension. . . can automatically shorten the length of the work surface 122g to accommodate the increased length of the work surface 122.”
Claim 15.
Loberg teaches The method according to claim 4, wherein the method is repeating in several loops. (Loberg 0034) “the solution-level programming object can also resolve itself with each user input.” (0061) “If the user introduces additional components to the existing design, each of the intelligent software objects (including objects for both original components and newly introduced components) automatically resolve themselves ( or themselves in conjunction with resolution of other related software objects) in the design, providing a continuously resolved solution at all times.”
Claim 16.
Loberg teaches The method according to claim 10, wherein the method is repeating so that the step of receiving a confirmation or denial of the output is continued with a new step of receiving a request, input or data change in the digital working tool. (Loberg 0060) “where a specific solution has been selected multiple times, the specific solution has been set as a preferred solution, or a specific solution is preferred due to cost, installation ease, etc., the design software system can provide it as a default solution. . . the next time the user places an additional overhead cabinet 130a, the design software system can automatically place the additional overhead cabinet 130a flush with its respective panel divider 120. The design software system can then prompt the user to accept this change, or view additional possible alternative solution. {EXAMINERS NOTE: Describes repeated accepted selections and subsequent new cabinet placements in an ongoing interactive design.}
Claim 17.
Loberg The method according to claim 4, wherein the method also involves collection of data from an external database and/or external source. (Loberg 0043) “the user can import the design components/assemblies into the design space 110 from a separate software program, such as for example, a CAD program.”
Claim 18.
Loberg teaches A method comprising using the method according to claim 4, for architectural planning and construction. (Loberg 0036) “computer product programs of the present invention to create layouts of other design components, such as for example, structural building components and functional building systems.”
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Loberg et al., US 20110191706 A1 (Loberg) in further view of Loberg et al., US 20100306681 A1 (Loberg2010).
Claim 11.
Loberg does not explicitly teach, but Loberg2010 teaches The method according to claim 4, wherein the method includes evaluating a potential output against a set rule, maximum, minimum and/or a set range to define the potential output as "allowed" or "not allowed", and if "allowed" providing the output, and if "not allowed" presenting a notice thereof, preferably proving a reason to why "not allowed", more preferably also providing at least one possible solution to make a change to go from "not allowed" to "allowed". From the above list of alternatives, the Examiner is selecting "evaluating a potential output against a set rule, maximum, minimum". (Loberg2010 0063) “the software system can recognize that only GFCI receptacles 140 can be place proximate a sink 200, and thus identify that the position of the receptacle 120e is invalid.” (0064) “the software system can change the receptacle 120e to a GFCI receptacle 140a to ensure that the component is valid.” (0065) “the software system generates a warning 155 against placement of a receptacle 120e in an invalid location in the design space 110.”
are analogous to the claimed invention because they are from the same field of endeavor of
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of before him or her, to modify the digital working tool of Loberg with the evaluation rules of Loberg2010 to reduce design inefficiencies as suggested in Loberg2010 (0008).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DAVID HAGLER whose telephone number is (703)756-1339. The examiner can normally be reached Monday - Friday 10am- 6pm.
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, Rehana Perveen can be reached at 5712723676. 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.
/JOHN DAVID HAGLER/ Examiner, Art Unit 2189
/REHANA PERVEEN/ Supervisory Patent Examiner, Art Unit 2189
