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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/08/2023, 08/01/2025, 05/04/2026, and 05/15/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In this case, the present title is too long. See MPEP 606.01.
The following tittle is suggested: --Device and method for measuring wear amount of welding tip--
Notification regarding 35 USC § 112f
The following is a quotation of AIA 35 U.S.C. 112f:
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.
In claim 1: claim limitations “a measurement operation execution section configured to…”, “a position data acquiring section configured to…”, and “a measurement start position determination section configured to…” have been interpreted under 35 U.S.C. 112(f), because it uses/they use a generic placeholder “a measurement operation execution section”, “a position data acquiring section”, and “a measurement start position determination section” coupled with functional language “configured to…” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f), claim 1 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112f: “a measurement operation execution section”, “a position data acquiring section”, and “a measurement start position determination section” may be a processor and/or computer programing…
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f), applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f), or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 non-statutory subject matter. The claims are directed to an abstract idea without significantly more.
Here, under step 1 of the Alice analysis, apparatus claims 1-11 are directed to a processor and a memory. Thus the claims are directed to a machine, respectively.
Under step 2A Prong One of the analysis, the claimed invention is directed to an abstract idea without significantly more. The claims recite measuring an amount of wear of a welding tip.
The limitations of “a measurement operation device”, “a position data acquiring section”, and “a measurement start position determination section” are a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind, but for the recitation of generic computer components.
Specifically, the claim elements recite measuring an amount of wear of a welding tip…
That is, other than reciting a processor, nothing in the claim elements preclude the steps from practically being performed in the mind. If the claim limitations, under the broadest reasonable interpretation, cover performance of the limitations in the mind, but for the recitation of generic computer components, then they fall within the “Mental Processes” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
Under Step 2A Prong Two, the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception. This judicial exception is not integrated into a practical application. The claims include a processor and a memory. The processor in the steps is recited at a high-level of generality, such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. As a result, the claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of a processor amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
None of the dependent claims recite additional limitations that are sufficient to amount to significantly more than the abstract idea. A more detailed abstract idea remains an abstract idea.
Under step 2B of the analysis, the claims include, inter alia, a processor.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
There isn’t any improvement to another technology or technical field, or the functioning of the computer itself. Moreover, individually, there are not any meaningful limitations beyond generally linking the abstract idea to a particular technological environment, i.e., implementation via a computer system. Further, taken as a combination, the limitations add nothing more than what is present when the limitations are considered individually. There is no indication that the combination provides any effect regarding the functioning of the computer or any improvement to another technology.
In addition, as discussed in Drawing, Fig.2, with a control device 16, processor 50, a measurement operation section 70, a position data acquiring section 72, and a wear amount acquiring section 76…
As such, this disclosure supports the finding that no more than a general purpose computer, performing generic computer functions, is required by the claims.
Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. See Alice Corporation Pty. Ltd. v. CLS Bank Int’l et al., No. 13-298 (U.S. June 19, 2014).
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.
Claims 1-11 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In claim 1: in light of Notification of 112f above, the limitations: “a measurement operation execution section…”, “a position data acquiring section…”, and “a measurement start position determination section…”, as described in the present disclosure are a processor, computer or computer programing…, but the present disclosure does not describe an algorithm for performing the claimed specific computer function... such that the claim is indefinite. Correction is required.
See Section 2181.II.B: “…For a computer-implemented 35 U.S.C. 112(f) claim limitation, the specification must disclose an algorithm for performing the claimed specific computer function, or else the claim is indefinite under 35 U.S.C. 112(b). See Net MoneyIN, Inc. v. Verisign. Inc., 545 F.3d 1359, 1367, 88 USPQ2d 1751, 1757 (Fed. Cir. 2008). See also In re Aoyama, 656 F.3d 1293, 1297, 99 USPQ2d 1936, 1939 (Fed. Cir. 2011) ("[W]hen the disclosed structure is a computer programmed to carry out an algorithm, ‘the disclosed structure is not the general purpose computer, but rather that special purpose computer programmed to perform the disclosed algorithm.’") (quoting WMS Gaming, Inc. v. Int’l Game Tech., 184 F.3d 1339, 1349, 51 USPQ2d 1385, 1391 (Fed. Cir. 1999))…”
In claim 11: the limitations: “a movement machine” and “a welding tip”, are indefinite because it is unclear they are the same “a movement machine” and “a welding tip” as cited in claim 10 or not? If they are the same, they should be changed to “the movement machine” and “the welding tip”. Correction is required.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hideo (JPH1099973A).
Regarding claim 1, Hideo discloses
A device (servo controller 4, robot control board 5, interlock operator control panel 6, figs.1-2) configured to measure an amount of wear of a welding tip (fixed electrode 11, movable electrode 13, figs.2, 6) moved by a movement machine (servo motor 15, 16, fig.2), the device (servo controller 4, robot control board 5, interlock operator control panel 6) comprising:
a measurement operation execution section (programming by servo controller 4, fig.2) configured to control the movement machine (servo motor 15, 16) so as to execute a measurement operation (operation the fixed electrode 11, movable electrode 13) to move the welding tip (fixed electrode 11, movable electrode 13) in a first direction to a predetermined measurement position (pressurization position) for measuring the amount of wear [Par.0014 cited: “…the servo controller 4 has built-in uniaxial amplifiers 20a and 20b for pressurization and equalization operation, and performs feedback control of the equalization operation and the pressurization operation based on a signal of an encoder 1718…”];
a position data acquiring section (programming by servo controller 4) configured to acquire (updates) a position of the movement machine (servo motor 15, 16) when the measurement operation execution section (programming by servo controller 4) executes the measurement operation (operation the fixed electrode 11, movable electrode 13) [Par.0015 cited: “… interlock control panel 6 commands a positioning operation to a robot control panel 5. When receiving the operation command, the robot control panel 5 controls the six axis operation of the robot 1 based on the teaching…”]; and
a measurement start position determination section (programming by servo controller 4) configured to, based on a first position acquired by the position data acquiring section (interlock control panel 6) in a first measurement operation, determine a position of the movement machine (servo motor 15, 16), at which the welding tip (fixed electrode 11, movable electrode 13) is arranged more separate towards a second direction opposite the first direction by a predetermined distance than the first position, as a measurement start position [Par.0016 cited: “…When receiving the star command, the servo controller 4 rotates the servo motor 15, 16 in the forward direction …”],
wherein the measurement operation execution section (programming by servo controller 4) controls the movement machine (servo motor 15, 16) so as to move the welding tip (fixed electrode 11, movable electrode 13) in the first direction after positioning the movement machine (servo motor 15, 16) at the measurement start position, in a second measurement operation after the first measurement operation [servo controller 4 can be programmed to perform the function].
Regarding claim 2, Hideo discloses
a wear amount acquiring section (programming by servo controller 4, fig.2) configured to acquire the amount of wear (required dressing amount) generated between the first measurement operation (programming by servo controller 4, fig.2) and the second measurement operation, based on the first position and a second position acquired by the position data acquiring section [Par.0015 cited: “… interlock control panel 6 commands a positioning operation to a robot control panel 5. When receiving the operation command, the robot control panel 5 controls the six axis operation of the robot 1 based on the teaching…”] in the second measurement operation.
Regarding claim 3, Hideo discloses
a fixed member (element 30, fig.6) or a sensor configured to detect the welding tip is provided at the measurement position, wherein, in the measurement operation, the measurement operation execution section moves the welding tip (fixed electrode 11, movable electrode 13, figs.2, 6) in the first direction until the welding tip (fixed electrode 11, movable electrode 13) contacts the fixed member (element 30) at the measurement position, or until the sensor detects the welding tip at the measurement position (pressurization position).
Regarding claim 4, Hideo discloses
a wear amount acquiring section (programming by servo controller 4, fig.2) configured to, based on a second position acquired by the position data acquiring section in the second measurement operation and a third position acquired by the position data acquiring section in a third measurement operation before the first measurement operation, acquire the amount of wear generated between the second measurement operation and the third measurement operation [Par.0015 cited: “… interlock control panel 6 commands a positioning operation to a robot control panel 5. When receiving the operation command, the robot control panel 5 controls the six axis operation of the robot 1 based on the teaching…”].
Regarding claim 5, Hideo discloses
a sensor (means for alarming, Par.0036) configured to detect the welding tip (fixed electrode 11, movable electrode 13, figs.2, 6) is provided at the measurement position, wherein, in the measurement operation, the measurement operation execution section (programming by servo controller 4, fig.2) moves the welding tip (fixed electrode 11, movable electrode 13) in the first direction until the sensor (means for alarming, Par.0036) detects the welding tip (fixed electrode 11, movable electrode 13) at the measurement position.
Regarding claim 6, Hideo discloses
wherein, in the second measurement operation, the measurement operation execution section (programming by servo controller 4, fig.2) controls the movement machine (servo motor 15, 16, fig.2) so as to position the movement machine (servo motor 15, 16) at the measurement start position [Par.0016 cited: “…When receiving the star command, the servo controller 4 rotates the servo motor 15, 16 in the forward direction …”] after positioning the movement machine (servo motor 15, 16) at a predetermined teaching position.
Regarding claim 7, Hideo discloses
the measurement start position determination section (programming by servo controller 4, fig.2) determines the measurement start position as a position of the movement machine (servo motor 15, 16, fig.2), at which the welding tip (fixed electrode 11, movable electrode 13, figs.2, 6) is arranged more separate towards the first direction than the teaching position [Par.0016 cited: “…When receiving the star command, the servo controller 4 rotates the servo motor 15, 16 in the forward direction …”].
Regarding claim 8, Hideo discloses
wherein, in the first measurement operation, the measurement operation execution section controls the movement machine (servo motor 15, 16, fig.2) so as to move the welding tip (fixed electrode 11, movable electrode 13, figs.2, 6) in the first direction after positioning the movement machine (servo motor 15, 16) at the teaching position.
Regarding claim 9, Hideo discloses
wherein, in the second measurement operation, the measurement operation execution section (programming by servo controller 4, fig.2) moves the movement machine (servo motor 15, 16, fig.2) to the measurement start position at a first speed, and moves the movement machine (servo motor 15, 16) from the measurement start position in the first direction at a second speed lower than the first speed [Par.0016 cited: “…When receiving the star command, the servo controller 4 rotates the servo motor 15, 16 in the forward direction …”].
Regarding claim 10, Hideo discloses
A control device (welding control board 7, fig.1) comprising the device (servo controller 4, robot control board 5, interlock operator control panel 6, fig.1), wherein the control device (welding control board 7) executes a work to move the welding tip (fixed electrode 11, movable electrode 13, figs.2, 6) by the movement machine (servo motor 15, 16, fig.2) and weld a workpiece by the welding tip (fixed electrode 11, movable electrode 13).
Regarding claim 11, Hideo discloses
A robot system (axis robot 1, fig.1) comprising: a movement machine (servo motor 15, 16, fig.2) configured to move a welding tip (fixed electrode 11, movable electrode 13, figs.2, 6); and the control device (welding control board 7, fig.1), configured to control the movement machine (servo motor 15, 16).
Regarding claim 12, Hideo discloses
A method of measuring an amount of wear of a welding tip (fixed electrode 11, movable electrode 13, figs.2, 6) moved by a movement machine (servo motor 15, 16, fig.2), the method comprising:
controlling, by a processor (servo controller 4, fig.2), the movement machine (servo motor 15, 16) so as to execute a measurement operation to move the welding tip (fixed electrode 11, movable electrode 13) in a first direction to a predetermined measurement position for measuring the amount of wear [Par.0014 cited: “…the servo controller 4 has built-in uniaxial amplifiers 20a and 20b for pressurization and equalization operation, and performs feedback control of the equalization operation and the pressurization operation based on a signal of an encoder 1718…”];
acquiring, by the processor (servo controller 4), a position of the movement machine (servo motor 15, 16) when executing the measurement operation [Par.0015 cited: “… interlock control panel 6 commands a positioning operation to a robot control panel 5. When receiving the operation command, the robot control panel 5 controls the six axis operation of the robot 1 based on the teaching…”];
based on a first position acquired in a first measurement operation, determining, by the processor (servo controller 4), a position of the movement machine, at which the welding tip (fixed electrode 11, movable electrode 13) is arranged more separate towards a second direction opposite the first direction than the first position, as a measurement start position [Par.0016 cited: “…When receiving the star command, the servo controller 4 rotates the servo motor 15, 16 in the forward direction …”]; and
controlling, by the processor (servo controller 4), the movement machine (servo motor 15, 16) so as to move the welding tip fixed electrode 11, movable electrode 13) in the first direction after positioning the movement machine at the measurement start position, in a second measurement operation after the first measurement operation [servo controller 4 can be programmed to perform the function].
Regarding claim 13, Hideo discloses
A computer-readable recording medium configured to store a computer program configured to cause the processor (servo controller 4, fig.2) to execute the method [servo controller 4, fig.2, can be programed in the computer].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kanjo (US 6043449) is considered as a relevant prior art in field of a method and device for controlling a welding apparatus, as shown in fig.3, with a computer, a processor and a memory… but does not specific disclose the steps are performed by a processor, computer or programing....
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
06/10/2026
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