Notice of Pre-AIA or AIA Status
1. 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 in response to the original filing on 06/10/2024. Claims 1-8 are pending and have been considered below.
Information Disclosure Statement
3. The information disclosure statement (IDS(s)) submitted on 06/10/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagai et al. (U.S. Patent Application Pub. No. US 20230195279 A1).
Claim 1: Nagai teaches a physical property information retrieval system that includes a processor and a storage device storing a substance information database storing information on a substance (i.e. FIG. 1 , the display system 100 is provided with a plurality of analyzers 4, a server 2, a database 3, and at least one viewer 1 for analysis … A database 3 is connected to the server 2. The database 3 is a storage for storing data to be exchanged between the server 2 and the plurality of analyzers 4 and data inputted from the outside of the server 2 … The server 2 is provided with a CPU 20 for controlling the entire device and a storage unit for storing programs and data and is configured to be operated according to the programs; para. [0032, 0040, 0051]) and, when a retrieval condition related to the substance is acquired, acquires information satisfying the retrieval condition related to the substance from the substance information database and outputs the acquired information satisfying the retrieval condition (i.e. The viewer 1 for analysis is configured to be able to display the analysis result data and the physical property values of the sample selected by the user (for example, the analyst) as a display target. Specifically, upon receipt of the selection of the display target by the user, the viewer 1 for analysis accesses the server 2 via the Internet 7. With this, the viewer 1 for analysis acquires the analysis result data and the physical property values of the sample selected as a display target and stored in the database 3. The viewer 1 for analysis displays the acquired analysis result data and physical property values on the display screen; para. [0042, 0090-0093]), the physical property information retrieval system comprising:
a processing unit (i.e. The server 2 is provided with a CPU 20 for controlling the entire device and a storage unit for storing programs and data and is configured to be operated according to the programs; para. [0051]); and
a transmission and reception unit configured to transmit and receive data (i.e. the viewer 1 for analysis can bidirectionally transmit and receive data to and from the server 2 via the Internet 7; para. [0041, 0053, 0058]), wherein
the substance information database stores physical property case example information (i.e. the information processing device collectively stores the analysis conditions, the sample identification information, the analysis data, and the feature amounts as “analysis result data” for each sample … The composite unit 29 associates the analysis result data (sample identification information, analysis conditions, analysis data, and feature amounts) with the physical property values, for each sample. The composite unit 29 stores the data associated for each sample in the database 3 via the I/O 24; para. [0036, 0071, 0075]) in which substance specifying information specifying the substance is associated with (i.e. The sample identification information includes, for example, a sample name, a name, a model number, a serial number, etc., of a product to be served as a sample. The analysis conditions of the sample include device parameters including a name and a model number of an analyzer to be used and measurement parameters indicating the measuring conditions, such as, e.g., an application condition of a voltage and/or a current and a temperature condition; para. [0066, 0067]) at least one piece of measurement record information (i.e. In a case where a plurality of analysis result data by a plurality of analyzers 4 exists for one sample, the server 2 stores the plurality of analysis result data in the database 3 in association with the physical property values. As a result, at least one analysis result data and the physical property values are accumulated in the database 3 in a sample unit; para. [0071]) that is information of a set of contiguous measurement data for the substance (i.e. The analysis data acquisition unit 67 acquires analysis data indicating the analysis results of the sample, from the device body 5. For example, in a case where the analyzer 4 is a chromatograph mass spectrometer, the analysis data includes chromatograms and mass spectra. In a case where the analyzer 4 is a scanning electron microscope or a transmission electron microscope, the analysis data includes image data showing the microscopic image of the sample; para. [0064]), information on a measurement condition of the measurement data (i.e. The analysis conditions of the sample include device parameters including a name and a model number of an analyzer to be used and measurement parameters indicating the measuring conditions, such as, e.g., an application condition of a voltage and/or a current and a temperature condition; para. [0066]), a measured physical property value calculated based on the measurement data (i.e. The information processing device 6 analyzes the analysis data acquired by the device body 5 using dedicated data analysis software to extract the “feature amounts” of the sample … The feature amounts of the sample include, for example, the components contained in the sample, the particle diameter of the particle having the components, the peak intensity and the peak area of the spectrum, the absorbance, the reflectance, the test intensity, the Young's modulus, the tensile strength, the deformation amount, the strain amount, and the breaking time; para. [0035, 0065]), and measurement data characteristic information indicating a characteristic of the measurement data (i.e. For example, in a case where the analysis data is a mass spectrum, the feature amounts include the peak intensity and the peak area … The peak area of styrene is a feature amount extracted from the analysis data (mask chromatogram) of GC-MS when contained in the tire; para. [0065, 0087]), and
when the transmission and reception unit acquires substance information retrieval condition including at least one of the substance specifying information, the measurement data, information included in the information on the measurement condition of the measurement data, information included in the measured physical property value, and information included in the physical property specifying information (i.e. The selection unit 17 selects a target to be displayed on the viewer 1 for analysis in accordance with the user instruction received by the input unit 13. The selection of the display target includes a selection of a sample and a selection of attribute values (feature amounts and physical property values) of a sample … In addition to the sample names, the product name or the lot number of the sample may be displayed as the sample identification information; para. [0073, 0081, 0085]), the processing unit retrieves the substance information database to acquire substance case example information satisfying the substance information retrieval condition (i.e. The display data generation unit 18 acquires the analysis result data and the physical property values of the sample selected as the display target from the database 3 by accessing the server 2 via the Internet 7. As described above, the analysis result data includes the analysis data of the sample by the at least one analyzer 4, the analysis conditions thereof, the sample identification information, and the feature amounts of the sample extracted from the analysis data. Further, the physical property values are associated with the analysis result data for each sample; para. [0075, 0091]), and causes the transmission and reception unit to output the substance case example information satisfying the substance information retrieval condition acquired by the processing unit (i.e. The viewer 1 for analysis is configured to be able to display the analysis result data and the physical property values of the sample selected by the user (for example, the analyst) as a display target. Specifically, upon receipt of the selection of the display target by the user, the viewer 1 for analysis accesses the server 2 via the Internet 7; para. [0041, 0042, 0076]).
Claims 7 and 8 are similar in scope to Claims 1 and are rejected under a similar rationale.
Claim Rejections – 35 USC § 103
6. 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.
7. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Nagai in view of Zhang et al. (U.S. Patent Application Pub. No. US 20190178980 A1).
Claim 2: Nagai teaches the physical property information retrieval system according to claim 1. Nagai further teaches wherein the measurement data characteristic information includes information of a set of (i.e. The feature amounts of the sample include, for example, the components contained in the sample, the particle diameter of the particle having the components, the peak intensity and the peak area of the spectrum, the absorbance, the reflectance, the test intensity, the Young's modulus, the tensile strength, the deformation amount, the strain amount, and the breaking time. For example, in a case where the analysis data is a mass spectrum, the feature amounts include the peak intensity and the peak area; para. [0065]) a peak specifying a peak (i.e. The peak area of styrene is a feature amount extracted from the analysis data (mask chromatogram) of GC-MS when contained in the tire … Analysis conditions, such as, e.g., the intensity (Intensity) and the time (Time), can be displayed together in each chromatogram; para. [0087, 0115]), a degree of the peak, and of the peak (i.e. The feature amounts of the sample include, for example, the components contained in the sample, the particle diameter of the particle having the components, the peak intensity and the peak area of the spectrum, the absorbance, the reflectance, the test intensity, the Young's modulus, the tensile strength, the deformation amount, the strain amount, and the breaking time. For example, in a case where the analysis data is a mass spectrum, the feature amounts include the peak intensity and the peak area; para. [0065]) regarding a measurement curve created by plotting the contiguous measurement data for the substance (i.e. in a case where the analyzer 4 is a chromatograph mass spectrometer, the analysis data includes chromatograms and mass spectra. In a case where the analyzer 4 is a scanning electron microscope or a transmission electron microscope, the analysis data includes image data showing the microscopic image of the sample. The analysis data acquisition unit 67 forwards the acquired analysis data to the feature amount extraction unit 68 … a chromatogram 150 is displayed in the display area 121 of the sample named “Sample 01.” By clicking the cursor 152 arranged at both ends in the up-down direction of the chromatogram 150, the plurality of chromatograms 150 can be scrolled in the up-down direction. Analysis conditions, such as, e.g., the intensity (Intensity) and the time (Time), can be displayed together in each chromatogram; para. [0064, 0087, 0115]).
Nagai does not explicitly teach a peak position specifying a peak, a protrusion degree of the peak, and a width of the peak.
However, Zhang teaches a peak position specifying a peak (i.e. The fifth feature is Peak Location, which is the horizontal distance between the origin and the peak (i.e., time lags), which measures the breathing cycle; para. [0455]), a protrusion degree of the peak (i.e. The first feature is Peak Prominence, which is the vertical distance between the peak value and the largest height of the adjacent valleys, which measures the likelihood of the existence of the peak.; para. [0455]), and a width of the peak (i.e. The second feature is Peak Width, which is the horizontal distance between the two adjacent valleys, which also measures the likelihood of the existence of the peak; para. [0455]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of Nagai to include the feature of Zhang. One would have been motivated to make this modification because it facilitates more reliable identification, differentiation, comparation, and retrieval of records having peaks that might have similar intensity or area but different locations or shapes.
7. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Nagai in view of Kawabe et al. (U.S. Patent Application Pub. No. US 20220373565 A1).
Claim 3: Nagai teaches the physical property information retrieval system according to claim 1. Nagai further teaches wherein the measurement data characteristic information includes information of a set of (i.e. The feature amounts of the sample include, for example, the components contained in the sample, the particle diameter of the particle having the components, the peak intensity and the peak area of the spectrum, the absorbance, the reflectance, the test intensity, the Young's modulus, the tensile strength, the deformation amount, the strain amount, and the breaking time. For example, in a case where the analysis data is a mass spectrum, the feature amounts include the peak intensity and the peak area; para. [0065]) a peak specifying a peak (i.e. The peak area of styrene is a feature amount extracted from the analysis data (mask chromatogram) of GC-MS when contained in the tire … Analysis conditions, such as, e.g., the intensity (Intensity) and the time (Time), can be displayed together in each chromatogram; para. [0087, 0115]), a degree of the peak, and of the peak (i.e. The feature amounts of the sample include, for example, the components contained in the sample, the particle diameter of the particle having the components, the peak intensity and the peak area of the spectrum, the absorbance, the reflectance, the test intensity, the Young's modulus, the tensile strength, the deformation amount, the strain amount, and the breaking time. For example, in a case where the analysis data is a mass spectrum, the feature amounts include the peak intensity and the peak area; para. [0065]) regarding a measurement curve created by plotting the contiguous measurement data for the substance (i.e. in a case where the analyzer 4 is a chromatograph mass spectrometer, the analysis data includes chromatograms and mass spectra. In a case where the analyzer 4 is a scanning electron microscope or a transmission electron microscope, the analysis data includes image data showing the microscopic image of the sample. The analysis data acquisition unit 67 forwards the acquired analysis data to the feature amount extraction unit 68 … a chromatogram 150 is displayed in the display area 121 of the sample named “Sample 01.” By clicking the cursor 152 arranged at both ends in the up-down direction of the chromatogram 150, the plurality of chromatograms 150 can be scrolled in the up-down direction. Analysis conditions, such as, e.g., the intensity (Intensity) and the time (Time), can be displayed together in each chromatogram; para. [0064, 0087, 0115]).
Nagai does not explicitly teach a peak position specifying a peak, a protrusion degree of the peak, and a width of the peak regarding a differential measurement curve obtained by differentiating a measurement curve.
However, Kawabe teaches a peak position specifying a peak, a protrusion degree of the peak, and a width of the peak regarding a differential measurement curve obtained by differentiating a measurement curve (i.e. a maximum peak height and time thereof regarding the primary differential curve or the secondary differential curve, and the like) and parameters related to a weighted average point (a weighted average time, a weighted average height, a peak width, a flatness, a time rate, and the like regarding the primary differential curve or the secondary differential curve); para. [0067, 0086, 0104] and Table 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of Nagai to include the feature of Kawabe. One would have been motivated to make this modification because it provides a more discriminating representation of measurement curve characteristics, facilitates objective comparison and retrieval of similar measurement records.
7. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nagai in view of Wenzel et al. (U.S. Patent Application Pub. No. US 20170286456 A1).
Claim 4: Nagai teaches the physical property information retrieval system according to claim 1. Nagai further teaches comprising: a data registration unit (i.e. The server 2 has an analysis result data acquisition unit 27, a physical property value acquisition unit 28, and a composite unit 29. These functional configurations are realized by executing predetermined programs by the CPU 20 in the server 2, shown in FIG. 2; para. [0068-0071]), wherein the data registration unit generates physical property case example information in which a template of the physical property case example information (i.e. Referring to FIG. 6, a list of a plurality of templates generated in advance is displayed in the area 116 of the feature amount selection operation screen. In the example of FIG. 6 , a total of nine templates is displayed in the form of icons … In each template, feature amounts that can be extracted from the analysis data are specified for each analyzer 4; para. [0086-0089]), outputs the physical property case example information (i.e. Referring to FIG. 6, a list of a plurality of templates generated in advance is displayed in the area 116 of the feature amount selection operation screen. In the example of FIG. 6 , a total of nine templates is displayed in the form of icons … In each template, feature amounts that can be extracted from the analysis data are specified for each analyzer 4; para. [0086-0089]), and when physical property case example information created based on the physical property case example information is acquired (i.e. the information acquisition unit 69 acquires the sample identification information and the information on the sample analysis conditions; para. [0066, 0067]), stores the acquired physical property case example information created based on the physical property case example information in the substance information database (i.e. the server 2 stores the analysis result data and the physical property values in the database 3 in an associated manner for each sample; para. [0040, 0071]).
Nagai does not explicitly teach generates case example information knowledge graph information in which a template of the case example information is converted into a knowledge graph format.
However, Wenzel teaches generates case example information knowledge graph information in which a template of the case example information (i.e. Models 22 may include one or more data models that represent a data standard for exchanging data. That is, models 22 are guides (i.e. specifications) that describe standardized data for collection and tabulation; para. [0039, 0045]) is converted into a knowledge graph format (i.e. standards specification and management system 18 may automatically generate ontology schema 24 and/or ontology instance data 26 in a format that conforms to a graph-based data model that represents data as a set of “subject-predicate-object” triples, such as, e.g., the Resource Description Framework (RDF). For example, standards specification and management system 18 may automatically generate ontology schema 24 and/or ontology instance data 26 as RDF documents that are formatted according to one or more RDF schemas; para. [0056-0058]), outputs the case example information knowledge graph information (i.e. an export function that exports the ontology schema 24 and the ontology instance data 26 for a data model that models a data standard to one or more files; para. [0055]), and when case example information created based on the case example information knowledge graph information is acquired (i.e. ontology data generator 28 may generate an ontology based on the assets and associated metadata defined by first data model 36, and generate ontology schema 24 and ontology instance data 26 to describe the ontology. In some examples, ontology data generator 28 may implement an export function that is configured to export the assets and associated metadata included in first data model 36. That is, the export function of standards specification and management system 18 may be configured to export semantic information included in first data model 36, and place such semantic information in ontology schema 24; para. [0046, 0068-0070]), stores the acquired case example information created based on the case example information knowledge graph information in the substance information database (i.e. FIG. 1, sponsor 14 includes a standards specification and management system 18 (also referred to as a “metadata management system”) and a data tabulator 20. Sponsor 14 may also include one or more computer-readable storage media (e.g., files or databases on physical storage media) to store models 22, ontology schema 24, and/or ontology instance data 26. In some examples, sponsor 14 may include a file system to store ontology schema 24 and/or ontology instance data 26; para. [0037]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of Nagai to include the feature of Wenzel. One would have been motivated to make this modification because it facilitates reuse, exchange, searching, and storage of the records.
7. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nagai in view of Roeglinger et al. (U.S. Patent Application Pub. No. US 20210165402 A1).
Claim 5: Nagai teaches the physical property information retrieval system according to claim 1. Nagai further teaches wherein the physical property information retrieval system is constructed in a server (i.e. The server 2 is provided with a CPU 20 for controlling the entire device and a storage unit for storing programs and data and is configured to be operated according to the programs; para. [0051]) in a cloud environment.
Nagai does not explicitly teach in a cloud environment.
However, Roeglinger teaches wherein the physical property information retrieval system is constructed in a server in a cloud environment (i.e. In FIG. 1, a first exemplary embodiment of the system 10 according to the first aspect of the invention is illustrated. Preferably, the system 10 is realized on a cloud environment comprising a storage system implemented herein as a cloud server 11, which communicates with one or more measurement sites 12 via a distributed network 13. The server 11 can be comprehended as a logical server that provides a cloud computing platform over the network 13. Alternately, the server 11 can be realized as a physical server (e.g., a dedicated cloud server) that can be accessed remotely through the network 13. In either case, the server 11 may include a plurality of computing nodes or resources for executing several processing steps along a process chain successively or asynchronously; para. [0043-0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of Nagai to include the feature of Roeglinger. One would have been motivated to make this modification because it facilitates remote access to the centrally stored data, and provides scalable computing and storage resources.
7. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nagai in view of Huck et al. (U.S. Patent Application Pub. No. US 20230252050 A1).
Claim 6: Nagai teaches the physical property information retrieval system according to claim 1. Nagai further teaches wherein the physical property information retrieval system is constructed in a server (i.e. The server 2 is provided with a CPU 20 for controlling the entire device and a storage unit for storing programs and data and is configured to be operated according to the programs; para. [0051-0054]).
Nagai does not explicitly teach an on-premise environment.
However, Huck teaches wherein the physical property information retrieval system is constructed in a server in an on-premise environment (i.e. the measurement data and the additional characteristic data are put into the data storage device unstructured. The data storage device can be part of a server, which is located in the industrial system (on-site) or outside the industrial installation (cloud-based); para. [0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the invention of Nagai to include the feature of Huck. One would have been motivated to make this modification because it permits its database to be incorporated into the server and does not require internet or cloud deployment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Taya et al. (Pub. No. US 20210248417 A1), preprocessing for separating impurities and calculation processing, for example, a peak splitting method, are required in order to acquire information on test substances from spectral information. An information processing apparatus according to the present invention includes information acquisition means for acquiring quantitative information on a test substance estimated by inputting spectral information on a sample containing the test substance and impurities into a learning model.
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 TAN TRAN whose telephone number is (303)297-4266. The examiner can normally be reached on Monday - Thursday - 8:00 am - 5:00 pm MT.
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/TAN H TRAN/Primary Examiner, Art Unit 2141
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