DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: the title is not descriptive. A new title that would include the inventive features of the claimed invention is respectfully requested.
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 5-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention is directed to “A program for causing a computer to execute […]”, which products do not appear to have physical or tangible form, such as information or a computer program per se, when claimed as a product without any structural limitations (see MPEP 2106.03). As disclosed, the claimed invention appears to only include transitory forms of signal transmission, or signals per se, which does not belong to any one of the four categories of statutory subject matter.
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 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Regarding claim 1, the claim recites “an exchange timing acquisition unit configured to acquire a timing” and “an acquisition result from the exchange timing acquisition unit” without disclosing that the exchange timing acquisition unit generates the acquisition result or any other devices for generating the acquisition result or whether the acquisition result is related to the “timing”. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the device(s) generating the acquisition result.
The claim recites “an exchange timing acquisition unit” and “an identification unit” without disclosing any associated structures for acquiring a timing and identifying, respectively. The claim also does not appear to disclose any cooperative structures between the exchange timing acquisition unit and the fluid property sensor, between the identification unit and the fluid property sensor, or between the exchange timing acquisition unit, the identification unit and the inspection target. The claim is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections (see MPEP § 2172.01). The omitted structural cooperative relationships are: cooperative structures between the exchange timing acquisition unit and the fluid property sensor, between the identification unit and the fluid property sensor, or between the exchange timing acquisition unit, the identification unit, and the inspection target.
The claim recites that “the fluid property sensor being configured to detect a property of the inspection fluid” and also “a detected value from the fluid property sensor” without explaining whether the property and the detected value are related to as the same or different measured parameters.
The claim recites “a detected value from the fluid property sensor is changed so as to exceed a predetermined value” without disclosing the device for changing the detected value, the device for determining that the detected value has changed, the device for determining that the detected value has exceed the predetermined value, and the device for storing the predetermined value. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the device for generating a detected value, the device for changing the detected value, the device for determining that the detected value has changed, the device for determining that the detected value has exceeded the predetermined value, and the device for storing the predetermined value.
Further clarification is respectfully requested.
Regarding claim 2, the claim recites that “the exchange timing acquisition unit acquires the timing […] from exchange information […] being input by an operator” without disclosing a device or unit for receiving the exchange information input from the operator. The claim does not appear to disclose that the operator input the exchange information directly into the exchange timing acquisition unit or in any other input devices. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the device for receiving the operator’s input. Further clarification is respectfully requested.
Regarding claim 3, the phrase “the exchange timing acquisition unit acquires the timing at which the inspection target is exchanged from temperature of the inspection fluid” appears to disclose that the timing of when the inspection target is exchanged is acquired from the temperature of the inspection fluid without reciting a device for determining the temperature of the inspection fluid. The independent claim 1 does not appear to teach that the property of the inspection fluid is the temperature of the inspection fluid, or that “a detected value from the fluid property sensor” is the temperature of the inspection fluid, or that the fluid property sensor is configured to determine/measure the temperature of the inspection fluid. The phrase “from the temperature of the inspection fluid” appears to disclose that the timing of the exchange is acquired from the temperature of the inspection fluid without disclosing how the temperature of the inspection fluid is determined and how the temperature of inspection fluid is related to the exchange timing. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the device(s) for determining the temperature of the inspection fluid and the device(s) for correlating the temperature of the inspection fluid to the exchange timing. Further clarification is respectfully requested.
Regarding claim 4, the phrase, “the exchange timing acquisition unit acquires the timing at which the inspection target is exchanged from pressure of the inspection fluid” appears to disclose that the timing of when the inspection target is exchanged is acquired from the pressure of the inspection fluid without reciting a device for determining the pressure of the inspection fluid. The independent claim 1 does not appear to teach that the property of the inspection fluid is the pressure of the inspection fluid, or that “a detected value from the fluid property sensor” is the pressure of the inspection fluid, or that the fluid property sensor is configured to determine/measure the pressure of the inspection fluid. The phrase “from the pressure of the inspection fluid” appears to disclose that the timing of the exchange is acquired from the pressure of the inspection fluid without disclosing how the pressure of the inspection fluid is determined and how the pressure of inspection fluid is related to the exchange timing. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the device(s) for determining the pressure of the inspection fluid and the device(s) for correlating the pressure of the inspection fluid to the exchange timing. Further clarification is respectfully requested.
Regarding claim 5, the phrase “an inspection target corresponding to a timing at which the change has caused based on the timing at which the inspection target is exchanged” appears to disclose that the timing of the change is based on the timing of the exchange without reciting the device for acquiring or determining the timing of the change. In this case, the timing of the change appears to be the same as the timing of the exchange. For examination purposes, the timing of the change and the timing of the exchange will be interpreted as one and the same.
The claim recites multiple different instances of “an inspection target” and also “the inspection target”. These phrases lack proper antecedent basis, as the claim does not appear to define whether “an inspection target” refer to the same or different targets.
The claim recites “the detected value” without providing proper antecedent basis for the term. The claim does not disclose a device for generating “the detected value”. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the device(s) for generating “the detected value”.
The claim recites “a computer”, “inspection equipment”, “inspection target” without disclosing the cooperative structure among the components. The claim is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections (see MPEP § 2172.01). The omitted structural cooperative relationships are the cooperative structure between the computer and inspection equipment and/or the inspection target.
The claim recites “the detected value is changed so as to exceed a predetermined value” without disclosing the device for determining that the detected value has changed and has exceed the predetermined value and the device for storing the predetermined value. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the device for determining that the detected value has changed and has exceed the predetermined value and the device for storing the predetermined value.
Further clarification is respectfully requested.
Regarding claim 6, the claim recites that “the timing […] is acquired […] from exchange information […] being input by an operator” without disclosing a device or unit for receiving the exchange information input from the operator. The claim does not appear to disclose that the operator input the exchange information directly into the exchange timing acquisition unit. The claim is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections (see MPEP § 2172.01). The omitted structural cooperative relationships are: the device for receiving the operator’s input.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (Pat. No. US 7,690,245) (hereafter Jung) in view of Hohjo et al. (Pat. No. US 7,975,557) (hereafter Hohjo).
Regarding claim 1, Jung teaches a state monitoring system of inspection equipment comprising:
a fluid property sensor (i.e., measurement device 22, 24 to determine the respective quality parameter of the fluid) (see Fig. 1) provided on the inspection equipment for performing inspection by operating an inspection target (i.e., hydraulic working cylinder 10) (see Fig. 1) by supplying and discharging inspection fluid to and from the inspection target (i.e., a fluid is alternately introduced into and removed from the fluid spaces 12, 14) (see Column 5, lines 34-53), the inspection target being sequentially exchanged with other inspection targets (i.e., the working cylinder 10 which has been present in the test stand up to this point is replaced by a new one) (see Column 6, liens 6-22), and the fluid property sensor being configured to detect a property of the inspection fluid (i.e., in addition to determination of the number of (fouling) particles, depending on the measurement device employed indications may also be obtained of the size, type, and speed of the particles present in the fluid to be tested. The respective quality parameter test may be further supplemented by other values such as viscosity, temperature, free radicals, pH values, electric conductivity of the fluid to be tested, etc) (see Column 3, lines 52-62); but does not explicitly teach
an exchange timing acquisition unit configured to acquire a timing at which the inspection target is exchanged; and
an identification unit configured to identify, when a detected value from the fluid property sensor is changed so as to exceed a predetermined value, an inspection target corresponding to a timing at which the change has caused based on an acquisition result from the exchange timing acquisition unit.
Regarding the exchange timing acquisition unit and the identification unit,
an exchange timing acquisition unit configured to acquire a timing (i.e., control processing at an abnormal time when at least one of the abnormality of the test body, the abnormality of the testing unit, or the abnormality of the power source of the loading mechanism, is detected; and interface processing with the operator (processings such as inputting test conditions, instructing the start of testing, confirming the intermediate progress of testing, confirming the operating status of the system, instructing ending of testing, processings relating to mounting and removing the test body, storing test data such as test results, load history and the like, and the like)) (see Column 15, lines 21-35) at which the inspection target is exchanged (i.e., information processing device relating to the above-described aspect may further carry out processing at a time of replacement which, at the time of removing the test body and at the time of mounting the test body, effects control by changing only the target value in the same control mode without switching the control mode) (see Column 15, line 53, to Column 16, line 29); and
an identification unit configured to identify, when a detected value from the fluid property sensor is changed so as to exceed a predetermined value, an inspection target (i.e., control unit identifying variables, which are used in identifying the fatigue testing units 12 at the time when the various types of control of the respective fatigue testing units 12 are carried out, and interface unit identifying variables, which are used in identifying the fatigue testing unit 12 in processing for accessing a specific fatigue testing unit 12 at the time when an operator carries out setting of test conditions or confirming of the status of a test by using an external inputting device such as a keyboard or a mouse or the like, are provided distinctly as individual variables in the above-described program) (see Column 10, line 45, to Column 11, line 14) corresponding to a timing at which the change has caused based on an acquisition result from the exchange timing acquisition unit (i.e., the interface identifying variables and which are for identifying the plurality of testing units used in the feedback control processing, the control processing at the time of an abnormality, and automatic data storing processing which automatically stores data during testing) (see Column 17, lines 16-31). Although Hohjo may teach performing fatigue testing on the testing bodies, one of ordinary skill in the art would have realized that tracking and identifying the status of the device under test would be applicable to any inspection target. In view of the teaching of Hohjo, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added the information processing device in order to track and identify the defective or failed unit under test, so as to determine the suitability of the device for subsequent operation and to obtain broader indication of the quality of the preceding production steps.
Regarding claim 2, Jung as modified by Hohjo as disclosed above does not directly or implicitly teach that the exchange timing acquisition unit acquires the timing at which the inspection target is exchanged from exchange information indicating the timing at which the inspection target is exchanged, the exchange information being input by an operator. However, one of ordinary skill in the art before the effective filing date of the claimed invention would have realized that the timing of events would be simply recorded by an operator. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for an operator to have manually identify and record the event timing in order to further track the performance history of the device under test.
Regarding claim 3, Jung as modified by Hohjo as disclosed above does not directly or implicitly teach that the exchange timing acquisition unit acquires the timing at which the inspection target is exchanged from temperature of the inspection fluid. However, Hohjo teaches that the exchange timing acquisition unit acquires the timing at which the inspection target is exchanged from temperature of the inspection fluid (i.e., the interface identifying variables and which are for identifying the plurality of testing units used in the feedback control processing, the control processing at the time of an abnormality, and automatic data storing processing which automatically stores data during testing) (see Column 17, lines 16-31). Although Hohjo may teach performing fatigue testing on the testing bodies, one of ordinary skill in the art would have realized that tracking and identifying the status of the device under test would be applicable to any inspection target. In view of the teaching of Hohjo, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added the information processing device in order to track and identify the defective or failed unit under test, so as to determine the suitability of the device for subsequent operation and to obtain broader indication of the quality of the preceding production steps.
Regarding claim 4, Jung as modified by Hohjo as disclosed above does not directly or implicitly teach that the exchange timing acquisition unit acquires the timing at which the inspection target is exchanged from pressure of the inspection fluid. However, Hohjo teaches that the exchange timing acquisition unit acquires the timing at which the inspection target is exchanged from pressure of the inspection fluid (i.e., the interface identifying variables and which are for identifying the plurality of testing units used in the feedback control processing, the control processing at the time of an abnormality, and automatic data storing processing which automatically stores data during testing) (see Column 17, lines 16-31). Although Hohjo may teach performing fatigue testing on the testing bodies, one of ordinary skill in the art would have realized that tracking and identifying the status of the device under test would be applicable to any inspection target. In view of the teaching of Hohjo, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added the information processing device in order to track and identify the defective or failed unit under test, so as to determine the suitability of the device for subsequent operation and to obtain broader indication of the quality of the preceding production steps.
Regarding claim 5, Jung teaches a program for causing a computer to execute processing of a detected value input from a fluid property sensor for detecting a property of inspection fluid by being provided on inspection equipment, the inspection equipment performing an inspection by operating an inspection target by supplying and discharging the inspection fluid to and from the inspection target (i.e., in addition to determination of the number of (fouling) particles, depending on the measurement device employed indications may also be obtained of the size, type, and speed of the particles present in the fluid to be tested. The respective quality parameter test may be further supplemented by other values such as viscosity, temperature, free radicals, pH values, electric conductivity of the fluid to be tested, etc) (see Column 3, lines 52-62), and the inspection target being sequentially exchanged with other inspection targets (i.e., information processing device relating to the above-described aspect may further carry out processing at a time of replacement which, at the time of removing the test body and at the time of mounting the test body, effects control by changing only the target value in the same control mode without switching the control mode) (see Column 15, line 53, to Column 16, line 29), wherein the program causes the computer to: identify, when the detected value is changed so as to exceed a predetermined value, an inspection target (i.e., to obtain a reliable indication of the fouling status of the fluid to be tested and thus of the fluid device) (see Column 6, lines 23-36); but does not explicitly teach to
acquire a timing at which the inspection target is exchanged; and
identify, when the detected value is changed so as to exceed a predetermined value, an inspection target corresponding to a timing at which the change has caused based on the timing at which the inspection target is exchanged.
Regarding the timing and the identification, Hohjo teaches to
acquire a timing (i.e., control processing at an abnormal time when at least one of the abnormality of the test body, the abnormality of the testing unit, or the abnormality of the power source of the loading mechanism, is detected; and interface processing with the operator (processings such as inputting test conditions, instructing the start of testing, confirming the intermediate progress of testing, confirming the operating status of the system, instructing ending of testing, processings relating to mounting and removing the test body, storing test data such as test results, load history and the like, and the like)) (see Column 15, lines 21-35) at which the inspection target is exchanged (i.e., information processing device relating to the above-described aspect may further carry out processing at a time of replacement which, at the time of removing the test body and at the time of mounting the test body, effects control by changing only the target value in the same control mode without switching the control mode) (see Column 15, line 53, to Column 16, line 29); and
identify, when the detected value is changed so as to exceed a predetermined value, an inspection target (i.e., control unit identifying variables, which are used in identifying the fatigue testing units 12 at the time when the various types of control of the respective fatigue testing units 12 are carried out, and interface unit identifying variables, which are used in identifying the fatigue testing unit 12 in processing for accessing a specific fatigue testing unit 12 at the time when an operator carries out setting of test conditions or confirming of the status of a test by using an external inputting device such as a keyboard or a mouse or the like, are provided distinctly as individual variables in the above-described program) (see Column 10, line 45, to Column 11, line 14) corresponding to a timing at which the change has caused based on the timing at which the inspection target is exchanged (i.e., the interface identifying variables and which are for identifying the plurality of testing units used in the feedback control processing, the control processing at the time of an abnormality, and automatic data storing processing which automatically stores data during testing) (see Column 17, lines 16-31). Although Hohjo may teach performing fatigue testing on the testing bodies, one of ordinary skill in the art would have realized that tracking and identifying the status of the device under test would be applicable to any inspection target. In view of the teaching of Hohjo, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have added the information processing device in order to track and identify the defective or failed unit under test, so as to determine the suitability of the device for subsequent operation and to obtain broader indication of the quality of the preceding production steps.
Regarding claim 6, Jung as Hohjo as disclosed above does not directly or implicitly teach that the timing at which the inspection target is exchanged is acquired from exchange information indicating the timing at which the inspection target is exchanged, the exchange information being input by an operator. However, one of ordinary skill in the art before the effective filing date of the claimed invention would have realized that timing of events would be simply recorded by an operator. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for an operator to have manually identify and record the event timing in order to further track the performance history of the device under test.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAN M. TRAN whose telephone number is (571)270-0307. The examiner can normally be reached Mon-Fri 11:30am - 7:00pm.
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, Laura Martin can be reached on (571)-272-2160. 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.
/Tran M. Tran/Examiner, Art Unit 2855
Prosecution Insights