Prosecution Insights
Last updated: July 17, 2026
Application No. 18/730,008

DESIGNATION DEVICE, ROBOT SYSTEM, DESIGNATION METHOD, AND RECORDING MEDIUM

Final Rejection §103
Filed
Jul 18, 2024
Priority
Feb 01, 2022 — nonprovisional of PCTJP2022003781
Examiner
PATTON, SPENCER D
Art Unit
3656
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
NEC Corporation
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
1y 1m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
431 granted / 584 resolved
+21.8% vs TC avg
Strong +21% interview lift
Without
With
+21.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
22 currently pending
Career history
611
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
73.5%
+33.5% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 584 resolved cases

Office Action

§103
DETAILED ACTION The amendments filed 3/3/2026 have been entered. Claims 1-3, 5-7, and 9-11 are pending. 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. Claims 1, 2, 5-7, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US Publication No. 2019/0126473) in view of Utsuo et al. (JP 2010-032258). Sato teaches: Re claim 1. A designation device comprising: a touch panel configured to: receive an input designating at least a portion of an external form of an object to be moved in a robot system that moves the object to be moved by following a predetermined algorithm in accordance with a work goal (paragraphs [0099-0102]: “the operator inputs a region by performing an operation of tracing a contour of the article 3 displayed on the display 46 of the touch panel 43.”; paragraph [0125]: “the operator inputs a contour of the article 3 by tracing the contour of the article 3 on an image on the operation terminal 13. The operation terminal 13 teaches information indicating the contour of the article 3 to the information processing apparatus 12, and thus the information processing apparatus 12 recalculates contact points.”), a memory configured to store instructions (memory 45, Fig. 3); and a processor configured to execute the instructions to (processor 44, Fig. 3) make a display device display a two-dimensional image including the object to be moved, and the external form received by the touch panel (Fig. 13; and paragraph [0101]: “The control unit 42 specifies a region 54 on the image on the basis of a trajectory of touch positions on the touch sensor 47 when the operator performs the tracing operation.”). Sato fails to specifically teach: (re claim 1) receive an input for changing a shape generated based on data in an external system that manages the object to be moved. Sato does teach a touch panel configured to: … receive an input for identifying a contour of an article at paragraph [0100]. This allows for human judgement and experience to be used in identifying the contour of an article to be handled. Utsuo teaches, at paragraphs [0031-0035] and Fig. 2, comparing a master image pattern 6 with an image of a workpiece portion, and if not all of the workpieces are identified in this manner, registering another master image pattern 6 to be compared with images of workpiece portions. The master image pattern 6 is selected by determining which of plural workpieces have the highest contour matching degree (Step S4, paragraph [0031]). The shapes of the workpieces are obtained from a separate entity (warehouse management PC 16, paragraph [0028]) from the image processing device 14 performing the steps of Fig. 2 (see paragraphs [0024-0025]). This master image pattern 6 is compared to each workpiece (paragraph [0032]), and if any workpieces cannot be identified based on the master image pattern 6, a new master image pattern 6 is registered as the master image pattern 6 in step S9 (paragraphs [0032-0035]). This new master image pattern 6 is selected using the contour information of the further workpieces (paragraphs [0031 and 0035]). That is, the image processing device 14 changes a shape generated as the master image pattern 6 based on data of the image processing device 14, which is separate from the entity providing the shapes of the workpieces (warehouse management PC 16). In view of Utsuo’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the designation device as taught by Sato, (re claim 1) receive an input for changing a shape generated based on data in an external system that manages the object to be moved, with a reasonable expectation of success, since Sato teaches a touch panel configured to receive an input for identifying a contour of an article to be handled, which allows for human judgement and experience to be used in identifying the contour of an article to be handled; and Utsuo teaches using such contour data when changing a shape generated as a master image pattern. Updating a master image pattern allows for automated recognition of plural workpieces to be handled, by a specialized image processing device, thus allowing for a greater degree of automation in the management of the objects to be moved. Sato further teaches: Re claim 2. Wherein the touch panel is configured to receive the input of the external form as a shape defined by tracing the external form of the object to be moved (paragraphs [0099-0102]: “the operator inputs a region by performing an operation of tracing a contour of the article 3 displayed on the display 46 of the touch panel 43.”; paragraph [0125]: “the operator inputs a contour of the article 3 by tracing the contour of the article 3 on an image on the operation terminal 13. The operation terminal 13 teaches information indicating the contour of the article 3 to the information processing apparatus 12, and thus the information processing apparatus 12 recalculates contact points.”). Re claim 5. A designation device comprising: a touch panel configured to: receive an input designating at least a portion of an external form of an object to be moved in a robot system that moves the object to be moved by following a predetermined algorithm in accordance with a work goal (paragraphs [0099-0102]: “the operator inputs a region by performing an operation of tracing a contour of the article 3 displayed on the display 46 of the touch panel 43.”; paragraph [0125]: “the operator inputs a contour of the article 3 by tracing the contour of the article 3 on an image on the operation terminal 13. The operation terminal 13 teaches information indicating the contour of the article 3 to the information processing apparatus 12, and thus the information processing apparatus 12 recalculates contact points.”), a memory configured to store instructions (memory 45, Fig. 3); and a processor configured to execute the instructions to (processor 44, Fig. 3) make a display device display a two-dimensional image including the object to be moved, and the external form received by the touch panel (Fig. 13; and paragraph [0101]: “The control unit 42 specifies a region 54 on the image on the basis of a trajectory of touch positions on the touch sensor 47 when the operator performs the tracing operation.”). Sato fails to specifically teach: (re claim 5) receive an input for changing a shape generated by an external system capturing an image of the object to be moved. Sato does teach a touch panel configured to: … receive an input for identifying a contour of an article at paragraph [0100]. This allows for human judgement and experience to be used in identifying the contour of an article to be handled. Utsuo teaches, at paragraphs [0031-0035] and Fig. 2, comparing a master image pattern 6 with an image of a workpiece portion, and if not all of the workpieces are identified in this manner, registering another master image pattern 6 to be compared with images of workpiece portions. The master image pattern 6 is selected by determining which of plural workpieces have the highest contour matching degree (Step S4, paragraph [0031]). The shapes of the workpieces are obtained from a separate entity (warehouse management PC 16, paragraph [0028]) from the image processing device 14 performing the steps of Fig. 2 (see paragraphs [0024-0025]). This master image pattern 6 is compared to each workpiece (paragraph [0032]), and if any workpieces cannot be identified based on the master image pattern 6, a new master image pattern 6 is registered as the master image pattern 6 in step S9 (paragraphs [0032-0035]). This new master image pattern 6 is selected using the contour information of the further workpieces (paragraphs [0031 and 0035]). That is, the image processing device 14 changes a shape generated as the master image pattern 6 based on data of the image processing device 14, which is separate from the entity providing the shapes of the workpieces (warehouse management PC 16). In view of Utsuo’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the designation device as taught by Sato, (re claim 5) receive an input for changing a shape generated by an external system capturing an image of the object to be moved, with a reasonable expectation of success, since Sato teaches a touch panel configured to receive an input for identifying a contour of an article to be handled, which allows for human judgement and experience to be used in identifying the contour of an article to be handled; and Utsuo teaches using such contour data when changing a shape generated as a master image pattern. Updating a master image pattern allows for automated recognition of plural workpieces to be handled, by a specialized image processing device, thus allowing for a greater degree of automation in the management of the objects to be moved. Sato further teaches: Re claim 6. A robot system comprising: the designation device according to claim 1 (operation terminal 13, Fig. 1); a robot configured to be capable of grasping an object to be moved (robot arm 11, Fig. 1); and a control device configured to make the robot grasp the object to be moved based on an external form of the object to be moved, received by the designation device (controller 25, Fig. 1; paragraph [0054]: “the controller 25 controls the arm mechanism 22 to move the suction pad of the holding mechanism 21 to a suction point indicated by the coordinate information.”; and paragraph [0125]: “The operation terminal 13 teaches information indicating the contour of the article 3 to the information processing apparatus 12, and thus the information processing apparatus 12 recalculates contact points. The operator may input two or more contact points on a contour of the article 3 on an image on the operation terminal 13. The operation terminal 13 teaches information indicating contact points where the article 3 can be held to the information processing apparatus 12, so as to cause the robot arm 11 to continuously perform sorting.”). Re claim 7. A designation method executed by a designation device (operation terminal 13, Figs. 1 and 3), comprising: receiving an input designating at least a portion of an external form of an object to be moved in a robot system that moves the object to be moved by following a predetermined algorithm in accordance with a work goal (paragraphs [0099-0102]: “the operator inputs a region by performing an operation of tracing a contour of the article 3 displayed on the display 46 of the touch panel 43.”; paragraph [0125]: “the operator inputs a contour of the article 3 by tracing the contour of the article 3 on an image on the operation terminal 13. The operation terminal 13 teaches information indicating the contour of the article 3 to the information processing apparatus 12, and thus the information processing apparatus 12 recalculates contact points.”); making a display device display a two-dimensional image including the object to be moved, and the external form that has been received (Fig. 13; and paragraph [0101]: “The control unit 42 specifies a region 54 on the image on the basis of a trajectory of touch positions on the touch sensor 47 when the operator performs the tracing operation.”); and receiving, by a touch panel of the designation device, an input for changing a shape generated by an external system capturing an image of the object to be moved (paragraph [0100]: “the operator inputs a region by performing an operation of tracing a contour of the article 3 displayed on the display 46 of the touch panel 43.”). Re claim 9. Wherein the touch panel is configured to receive the input of the external form as a shape defined by tracing the external form of the object to be moved (paragraph [0100]: “the operator inputs a region by performing an operation of tracing a contour of the article 3 displayed on the display 46 of the touch panel 43.”). Re claim 11. A robot system comprising: the designation device according to claim 5 (operation terminal 13, Fig. 1); a robot configured to be capable of grasping an object to be moved (robot arm 11, Fig. 1); and a control device configured to make the robot grasp the object to be moved based on an external form of the object to be moved, received by the designation device (controller 25, Fig. 1; paragraph [0054]: “the controller 25 controls the arm mechanism 22 to move the suction pad of the holding mechanism 21 to a suction point indicated by the coordinate information.”; and paragraph [0125]: “The operation terminal 13 teaches information indicating the contour of the article 3 to the information processing apparatus 12, and thus the information processing apparatus 12 recalculates contact points. The operator may input two or more contact points on a contour of the article 3 on an image on the operation terminal 13. The operation terminal 13 teaches information indicating contact points where the article 3 can be held to the information processing apparatus 12, so as to cause the robot arm 11 to continuously perform sorting.”). Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US Publication No. 2019/0126473) as modified by Utsuo et al. (JP 2010-032258) as applied to claims 1 and 5 above, and further in view of Ueyama (US Publication No. 2008/0249659). The teachings of Sato have been discussed above. Sato fails to specifically teach: (re claims 3 and 10) wherein the touch panel is configured to receive the input of the external form as a shape defined by designating a vertex of the object to be moved. Ueyama teaches, at paragraph [0179], an operator specifying a closed region in an image detected by a robotic system by specifying apexes on a screen. Specifying apexes allows for a user to identify a closed region without dragging their finger across a screen, thus providing straighter edges than could be manually input. In view of Ueyama’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the apparatus as taught by Sato, (re claims 3 and 10) wherein the touch panel is configured to receive the input of the external form as a shape defined by designating a vertex of the object to be moved, with a reasonable expectation of success, since Ueyama teaches an operator specifying a closed region in an image detected by a robotic system by specifying apexes on a screen. Specifying apexes allows for a user to identify a closed region without dragging their finger across a screen, thus providing straighter edges than could be manually input. Response to Arguments Applicant’s arguments, see page 7, filed 3/3/2026, with respect to the 35 USC § 112 rejection of claims 1-6 have been fully considered and are persuasive. The 35 USC § 112 rejection of claims 1-6 has been withdrawn. Applicant's arguments filed 3/3/2026 have been fully considered but they are not persuasive. Applicant remarks on pages 8-9: In the rejection of claim 4, the Examiner concedes that Sato fails to disclose "receive an input for changing a shape generated based on data in an external system that manages the object to be moved" and further cites to Utsuo as allegedly teaching the deficiencies. See Office Action at 8. However, according to paras. [0023] and [0028] of Utsuo, Utsuo describes that the shape data of the workpiece is pre-entered data and that a contour is generated from the pre-entered shape data of the workpiece. Utsuo is silent as to receiving an input for changing the shape data or receiving an input for changing the contour. As such, Sato and Utsuo, alone and in combination, fail to disclose "a touch panel configured to: receive an input designating at least a portion of an external form of an object to be moved in a robot system that moves the object to be moved by following a predetermined algorithm in accordance with a work goal, and receive an input for changing a shape generated based on data in an external system that manages the object to be moved." Sato teaches receiving an input for identifying a contour of an article to be handled at paragraph [0100], and Utsuo teaches using such a contour of an article to be handled to change a shape of a master image pattern at paragraphs [0031-0035]. It would have been obvious to one of ordinary skill in the art to use the identified contour of Sato, which benefits from human judgement and experience in selecting the contours of the article, to update the master image pattern of Utsuo so as to allow for automated recognition of plural workpieces to be handled. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SPENCER D PATTON whose telephone number is (571)270-5771. The examiner can normally be reached Monday to Friday 9:00-5:00 ET. 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, Khoi Tran can be reached at (571)272-6919. 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. /SPENCER D PATTON/Primary Examiner, Art Unit 3656
Read full office action

Prosecution Timeline

Jul 18, 2024
Application Filed
Dec 03, 2025
Non-Final Rejection mailed — §103
Mar 03, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
95%
With Interview (+21.4%)
3y 1m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 584 resolved cases by this examiner. Grant probability derived from career allowance rate.

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