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 .
35 USC 101 Rejection
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.
Claim 5 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
According to step 1 claim 5 is a method
According to step 2A, prong 1 the claimed invention is directed to a judicial exception (i.e., an abstract idea).
That is Claim 5 is directed to a control method for controlling a robot having a sensor capable of detecting an operation line of a workpiece.
Independent claim 1 recites:
teaching a search start position and a search end position of the operation line by means of the sensor;
generating a search program for determining a teaching point corresponding to a position on the operation line based on the search start position and the search end position;
generating an operation program including the teaching point based on a result of executing the search program; and designating, when the search program is generated, whether or not to execute tracking using the sensor for correcting the position of the robot during the execution of the operation program.
These limitations are directed to mental processes i.e. concepts performed in the human mind including an observation, evaluation, judgement, and organization of human activity e.g. on paper. The steps of: “….teaching a search start position and a search end position of the operation line by means of the sensor;
generating a search program for determining a teaching point corresponding to a position on the operation line based on the search start position and the search end position;
generating an operation program including the teaching point based on……” can be done on a piece of paper and pencil. That is a person can merely draw a model of a welding robot and draw a robot process workflow chart for the robot and it will read on the claims.
According to step 2A, prong 2 the judicial exception is not integrated into a practical application. The claim has an additional element of a robot with sensors. These additional elements simply apply the judicial exception to a particular technological environment by generally linking it to general robot.
Accordingly, these additional elements do not integrate the abstract into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
According to step 2B, the claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because even though the claims recite controlling a general robot with sensors the robot is not controlled by a controller– see MPEP 2106.05(h)
Applicant may overcome the 101 rejection by reciting a computer or controller that controls the robot.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
Claim 1 recites the limitation, “a designation unit configured to designate, when the search program is generated, whether or not to execute tracking using the sensor for correcting the position of the robot during the execution of the operation program.”
It is not clear what is being designated? Is the claim designating a processor, a control unit, designating a joint, designating a motor, etc? As such the claim is missing an element required for performing the invention.
In addition it is not clear what all is meant and encompassed by “…whether or not to execute tracking..”. What is being tracked here and who is tracking what? The claim is missing an element required for performing the invention.
The rejection applies to claim 5.
The rest of the claims are rejected for depending on a rejected base claim or for having similar deficiencies as the base claim.
Claim Rejections - 35 USC § 102
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 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 1-5are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yanagawa (US 20110238215 A1).
Regarding claim 1, Yanagawa discloses a controller configured to control a robot (figs. 1-15; abstract; sec 0013, 0035) having a sensor (sec 0013-0015) capable of detecting an operation line (figs. 9, 10, 14,15; the welding torch 14 moves along a welding seam; sec 0037) of a workpiece (sec 0046, 0047), the controller comprising:
a teaching unit configured to teach a search start position and a search end position of the operation line by means of the sensor (figs. 9, 10, 14,15; sec 0041-0048. 0055-0065);
a program generation unit configured to generate a search program for determining a teaching point corresponding to a position on the operation line based on the search start position and the search end position, and generate an operation program including the teaching point based on a result of executing the search program (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073); and
a designation unit configured to designate, when the search program is generated, whether or not to execute tracking using the sensor for correcting the position of the robot during the execution of the operation program (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073).
Regarding claim 2, Yanagawa discloses the controller according to claim 1, wherein the designation unit is configured to be able to designate an amount of offset for offsetting the operation line when the operation program is generated (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073).
Regarding claim 3, Yanagawa discloses the controller according to claim 1, wherein the designation unit is configured to be able to designate an application of the operation program when the operation program is generated (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073).
Regarding claim 4, Yanagawa discloses the controller according to claim 1, wherein the designation unit is configured to be able to designate a condition with respect to a change in a posture of the robot when the operation program is generated (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073).
Regarding claim 5, Yanagawa discloses a control method for controlling a robot having a sensor capable of detecting an operation line of a workpiece (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073), the control method comprising the steps of:
teaching a search start position and a search end position of the operation line by means of the sensor (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073);
generating a search program for determining a teaching point corresponding to a position on the operation line based on the search start position and the search end position (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073);
generating an operation program including the teaching point based on a result of executing the search program (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073); and
designating, when the search program is generated, whether or not to execute tracking using the sensor for correcting the position of the robot during the execution of the operation program (figs. 9, 10, 14,15; sec 0041-0048. 0055-0073).
Conclusion
The prior art, Yamada (US 20140031982 A1), made of record and not relied upon is considered pertinent to applicant's disclosure.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
