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
2. This action is responsive to the Application filed on 11/29/2023. A filing date 11/29/2023 is acknowledged. A Notional Stage entry of PCT/JP2022/016766 and International Filing Date 3/31/2022 is acknowledged. The sought benefit of JP application 2021-108844 (which was filed on 6/30/2021) is acknowledged. Claims 1-15 are pending in this application. Claim 1 is independent claim.
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.
3. 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 control unit, an imaging unit, a communication unit, a data collection unit, a time management unit in claim 1.
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: FIG. 3 is a block diagram illustrating an example of a hardware configuration of PLC 100 according to the present embodiment. Referring to FIG. 3, PLC 100 includes a processor 102 such as a central processing unit (CPU) or a micro-processing unit (MPU), a chipset 104, a main memory 106, a storage 109, an information system network controller 120 connected to a connector 121 including a physical circuit, a control system network controller 122 connected to a connector 123 including a physical circuit, a universal serial bus (USB) controller 124, a timer 125 including a counter circuit, and a memory card interface 126 ([0080]).
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 § 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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
4. Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ryosuke Tsujikawa (US Publication 20200259998 A1, hereinafter Tsujikawa), and in view of Masato Fujimura et al (US Publication 20200310733 A1, hereinafter Fujimura).
As for independent claim 1, Tsujikawa discloses: A control system (Tsujikawa: [0003], Programmable logic controllers (hereinafter also referred to as “PLCs” are controllers for controlling manufacturing equipment, conveying devices, and inspection devices in factory automation (FA). PLCs execute user programs (e.g., ladder programs) written by users whereby controlling various types of expansion units and to-be-controlled equipment) comprising: a control unit configured to control a control target (Tsujikawa: Abstract, A camera input expansion unit includes a camera-setting-information storage, a camera expansion processor, an image-recorder, and an image capture interface); and an imaging unit having an imaging range where the control target can be imaged as a subject (Tsujikawa: Abstract, A camera input expansion unit includes a camera-setting-information storage, a camera expansion processor, an image-recorder, and an image capture interface), wherein the control unit includes: a communication unit configured to transmit, upon detection of an event, an imaging start command to the imaging unit (Tsujikawa: [0095], define conditions of the record start trigger for starting the recording of device values into the temporary recording portion 91a as the first trigger conditions); and a data collection unit configured to collect control data on control with the control data associated with a collection time (Tsujikawa: [0054], The collection portion associates the information on time of generation of the ON/OFF signal with its corresponding image data which can be generated by the camera, and records the associated information on time and image data into the image-recorder), the imaging unit includes an image collection unit configured to start imaging in accordance with the imaging start command transferred from the control unit and collect a captured image with the captured image associated with an imaging time (Tsujikawa: [0047], the programmable logic controller can obtain precise time synchronization with device records relating to the captured image data generated by the camera), and the control system further comprises a time management unit configured to manage time information indicating a time lag between the control data collected by the data collection unit and the image collected by the image collection unit (Tsujikawa: [0198], the log-display control portion 61 determines the display duration of the device value d1 by calculating the time difference between the time information of the device value d1 and the time information of the device value d2).
Tsujikawa disclose calculating the time difference between the time information collected by two device value but does not clearly disclose manage time information indicating the time difference, in an analogous art of monitoring, capturing and analyzing imaging data, Fujimura discloses: the control system further comprises a time management unit configured to manage time information indicating a time lag between the control data collected by the data collection unit and the image collected by the image collection unit (Fujimura: [0156], The event collection portion 92a reads device value that is designated by the log setting data 72 from the device values that are held in the PLC-side device portion 34 from the device portion, and acquires time information from the time management portion 83a if predetermined save conditions or collection start conditions for data collection are satisfied);
Tsujikawa and Fujimura are analogous arts because they are in the same field of endeavor, monitoring, capturing and analyzing imaging data. Therefore, it would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify the invention of Tsujikawa using the teachings of Fujimura to include the time management portion. It would provide Tsujikawa’s system with enhanced capabilities of allowing user to view and manage time data with more accuracy.
As for claim 2, Tsujikawa-Fujimura discloses: wherein the time lag includes time from when the control unit transmits the imaging start command to the imaging unit to when the control unit receives a response to start of imaging from the imaging unit (Tsujikawa: [0182], the defined information to be saved can be information that is acquired from the start time which is a predetermined period of time before occurrence of a certain event to the end time at which a predetermined period of time elapses from the occurrence of a certain event).
As for claim 3, Tsujikawa-Fujimura discloses: further comprising an information management unit configured to manage the control data collected by the data collection unit and associated with the collection time, the image collected by the image collection unit and associated with the imaging time, and the time information indicating the time lag with the control data, the image, and the time information associated with each other (Tsujikawa: [0198], the log-display control portion 61 determines the display duration of the device value d1 by calculating the time difference between the time information of the device value d1 and the time information of the device value d2).
As for claim 4, Tsujikawa-Fujimura discloses: wherein the control unit includes a first connector connected to a network to which the information management unit and the imaging unit belong, and communicates the imaging start command and the response with the imaging unit over the network (Tsujikawa: [0004], a system is known which includes such a programmable logic controller (PLC) and a video camera that are connected to each other through a communication network in order to monitor production facilities by using camera images).
As for claim 5, Tsujikawa-Fujimura discloses: wherein the control unit communicates the imaging start command and the response with the imaging unit over a signal line (Tsujikawa: [0098], the PLC-side communication portion 33 may have a network communication circuit. The PLC-side CPU 31 may transmit log data and the like to the PC 2, Cloud, and the like through the PLC-side communication portion).
As for claim 6, Tsujikawa-Fujimura discloses: wherein the time lag is detected each time the event is detected (Tsujikawa: [0113], at the time of occurrence of an event; [0182], the defined information to be saved can be information that is acquired from occurrence of a certain event until a predetermined period of time elapses. Also, the defined information to be saved can be information that is acquired from the start time which is a predetermined period of time before occurrence of a certain event to the end time at which a predetermined period of time elapses from the occurrence of a certain event).
As for claim 7, Tsujikawa-Fujimura discloses: wherein the collection time associated with the control data collected by the data collection unit includes a collection start time, the imaging time associated with the captured image collected by the image collection unit includes an imaging start time, and the time lag includes a time difference between the collection start time and the imaging start time (Tsujikawa: [0198], the log-display control portion 61 determines the display duration of the device value d1 by calculating the time difference between the time information of the device value d1 and the time information of the device value d2).
As for claim 8, Tsujikawa-Fujimura discloses: wherein the event includes a predetermined event pertaining to control on the control target (Tsujikawa: [0113], at the time of occurrence of an event; [0182], the defined information to be saved can be information that is acquired from occurrence of a certain event until a predetermined period of time elapses. Also, the defined information to be saved can be information that is acquired from the start time which is a predetermined period of time before occurrence of a certain event to the end time at which a predetermined period of time elapses from the occurrence of a certain event).
As for claim 9, Tsujikawa-Fujimura discloses: wherein the control unit cyclically controls the control target, and the predetermined event includes detection of end of a predetermined cycle pertaining to control (Tsujikawa: [0113], at the time of occurrence of an event; [0182], the defined information to be saved can be information that is acquired from occurrence of a certain event until a predetermined period of time elapses. Also, the defined information to be saved can be information that is acquired from the start time which is a predetermined period of time before occurrence of a certain event to the end time at which a predetermined period of time elapses from the occurrence of a certain event).
As for claim 10, Tsujikawa-Fujimura discloses: further comprising a user interface (UI) unit, wherein the control unit cyclically controls the control target, and the UI unit includes: a waveform display unit configured to convert a plurality of pieces of the control data collected by the data collection unit into a waveform on a basis of the collection time associated with each of the plurality of pieces of control data, and display the waveform obtained as a result of the conversion (Fujimura: Abstract; The display portion generates display data for displaying the device wave of the device that is specified by the subject device settings based on the chronological data; [0333], a waveform area display component 271 which include a wave display area for displaying the device waves is provided as one of display components which can be selected and arranged by users); and an image reproduction unit configured to reproduce the image collected by the image collection unit in accordance with the imaging time associated with the image (Tsujikawa: [0171], The captured images can be recorded and reproduced not only as a still image but also as moving images, and can be displayed on the display HMI, and the PC 2).
As for claim 11, Tsujikawa-Fujimura discloses: wherein the image includes a moving image including a plurality of frame images each associated with the imaging time, and the UI unit includes an image adjustment unit configured to identify, on a basis of the collection time associated with the control data corresponding to a user-designated point on the waveform that has been displayed and the time lag, the frame image associated with the imaging time corresponding to the user-designated point from the plurality of frame images, and reproduce the frame image (Fujimura: [0266], the character display component CP and the numerical display component NP have component images of frame that surrounds characters and numerical values to be displayed inside. Users can select the thickness and color of the frame).
As for claim 12, Tsujikawa-Fujimura discloses: wherein the imaging unit includes a plurality of imaging units having an imaging range where the control target can be imaged as a subject and having different imaging directions in which the control target is imaged, and the time management unit manages, for each of the plurality of imaging units, time information indicating the time lag between the control data collected by the data collection unit and the image collected by the image collection unit included in the imaging unit (Tsujikawa: [0063], images of a common object can be captured from different directions by cameras that can be connected to their corresponding one of the two or more camera input expansion units and synchronized with each other. According to this aspect, since synchronized images of a common object can be captured from different directions, the object can be inspected in more detail).
As for claim 13, Tsujikawa-Fujimura discloses: wherein for each of the imaging units, the image adjustment unit identifies, on a basis of the collection time associated with the control data corresponding to the user-designated point and the time lag indicated by the time information of the imaging unit, the frame image associated with the imaging time corresponding to the user-designated point from the plurality of frame images configuring an image captured by the imaging unit, and reproduces the frame image (Tsujikawa: [0182], the defined information to be saved can be information that is acquired from occurrence of a certain event until a predetermined period of time elapses. Also, the defined information to be saved can be information that is acquired from the start time which is a predetermined period of time before occurrence of a certain event to the end time at which a predetermined period of time elapses from the occurrence of a certain event).
As for claim 14, Tsujikawa-Fujimura discloses: wherein upon receipt of a user operation during reproduction by the image reproduction unit, the UI unit identifies a reproduction position in the plurality of frame images corresponding to a time point of the receipt, and stores information on a predetermined section starting from the identified reproduction position based on an amount of the user operation on the image with the information on the predetermined section associated with the image (Fujimura: [0244], If a user touches a one-step forward reproduction button 408, the display-data generation portion 51a of the display processor 51 extracts chronological data corresponding to a predetermined range centering a scan serial number that is specified by this touch operation. The display-data generation portion 51a then generates display data based on the extracted chronological data, and updates the device wave. Also, if a user touches a reproduction button 406, the display-data generation portion 51a sequentially extracts chronological data from the operation record data, and sequentially updates the corresponding device wave).
As for claim 15, Tsujikawa-Fujimura discloses: wherein when reproducing the image, the image adjustment unit adjusts a reproduction speed of the image on a basis of the information on the predetermined section associated with the image (Fujimura: [0244], If a user touches a one-step forward reproduction button 408, the display-data generation portion 51a of the display processor 51 extracts chronological data corresponding to a predetermined range centering a scan serial number that is specified by this touch operation. The display-data generation portion 51a then generates display data based on the extracted chronological data, and updates the device wave. Also, if a user touches a reproduction button 406, the display-data generation portion 51a sequentially extracts chronological data from the operation record data, and sequentially updates the corresponding device wave).
Examiner’s Note
Examiner has cited particular columns/paragraph and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in 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.
In the case of amending the Claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. This will assist in expediting compact prosecution. MPEP 714.02 recites: “Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP § 2163.06. An amendment which does not comply with the provisions of 37 CFR 1.121(b), (c), (d), and (h) may be held not fully responsive. See MPEP § 714.” Amendments not pointing to specific support in the disclosure may be deemed as not complying with provisions of 37 C.F.R. 1.131(b), (c), (d), and (h) and therefore held not fully responsive. Generic statements such as “Applicants believe no new matter has been introduced” may be deemed insufficient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Applicants are required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
Akira Nojima (US Publication 20150023647 A1) DATA SYNCHRONOUS REPRODUCTION APPARATUS, DATA SYNCHRONOUS REPRODUCTION METHOD, AND DATA SYNCHRONIZATION CONTROL PROGRAM
Takayuki Suzuki (US Publication 20180324385) STORAGE DEVICE, CONTROL DEVICE, DISPLAY DEVICE, AND STORAGE METHOD
It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hua Lu whose telephone number is 571-270-1410 and fax number is 571-270-2410. The examiner can normally be reached on Mon-Fri 9:00 am to 6:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman can be reached on 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 703-273-8300.
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/Hua Lu/
Primary Examiner, Art Unit 2118