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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – 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.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a material data input reception unit that receives input of material data indicating at least a shape of a material used for the workpiece;
a product data input reception unit that receives input of product data indicating at least a shape of each area of the product obtained from the material;
a machining direction determination unit that determines a machining direction, i.e., whether to orient the product in a first direction along the material axis or a second direction opposite to the first direction, on the basis of constraint condition data indicating constraint conditions of the first machining and/or the second machining, and the product data; and
a time estimate output unit that calculates a first time estimate required for the first machining and a second time estimate required for the second machining in accordance with the machining direction on the basis of machining condition data indicating machining conditions including a machining speed, the machining conditions corresponding to tools used respectively for the first machining and the second machining, as well as the material data and the product data, and outputs an estimate of the time required to manufacture the product on the basis of the first time estimate and the second time estimate;
a material data input reception step for receiving input of material data indicating at least a shape of a material used for the workpiece;
a product data input reception step for receiving input of product data indicating at least a shape of each area of the product obtained from the material;
a machining direction determination step for determining a machining direction, i.e., whether to orient the product in a first direction along the material axis or a second direction opposite to the first direction, on the basis of constraint condition data indicating constraint conditions of the first machining and/or the second machining, and the product data; and
a time estimate output step for calculating a first time estimate required for the first machining and a second time estimate required for the second machining in accordance with the machining direction on the basis of machining condition data indicating machining conditions including a machining speed, the machining conditions corresponding to tools used respectively for the first machining and the second machining, as well as the material data and the product data, and outputting an estimate of the time required to manufacture the product on the basis of the first time estimate and the second time estimate,
in claim 1-7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed medium can be interpreted to be in the form of a signal, such as a transmission medium or carrier wave (page ***). Such transmission medium or carrier wave claims are ineligible for patent protection because they do not fall within any of the four statutory classes of § 101. In contrast, a claimed non-transitory computer-readable medium encoded with a computer program is a computer element which defines structural and functional interrelationships between the computer program and the rest of the computer which permit the computer program’s functionality to be realized, and is thus statutory. See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035.
Claim(s) 1-8 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the following:
1. A machining time estimation device for estimating a time required to manufacture a product using a lathe that performs first machining on a workpiece gripped by a first spindle about a material axis, and performs second machining on the workpiece on which the first machining has been performed and which is gripped by a second spindle that opposes the first spindle, the machining time estimation device comprising:
a material data input reception unit that receives input of material data indicating at least a shape of a material used for the workpiece;
a product data input reception unit that receives input of product data indicating at least a shape of each area of the product obtained from the material;
a machining direction determination unit that determines a machining direction, i.e., whether to orient the product in a first direction along the material axis or a second direction opposite to the first direction, on the basis of constraint condition data indicating constraint conditions of the first machining and/or the second machining, and the product data; and
a time estimate output unit that calculates a first time estimate required for the first machining and a second time estimate required for the second machining in accordance with the machining direction on the basis of machining condition data indicating machining conditions including a machining speed, the machining conditions corresponding to tools used respectively for the first machining and the second machining, as well as the material data and the product data, and outputs an estimate of the time required to manufacture the product on the basis of the first time estimate and the second time estimate.
2. The machining time estimation device according to claim 1, wherein the machining direction determination unit determines the machining direction on the basis of the constraint condition data indicating the constraint conditions, which include a priority condition prioritizing either the first machining or the second machining, and the product data, so as to satisfy the priority condition.
3. The machining time estimation device according to claim 2, wherein the product data input reception unit receives input of the product data including a machining accuracy, and
the machining direction determination unit determines the machining direction on the basis of the constraint condition data indicating the constraint conditions, which include the priority condition prioritizing the first machining with respect to the machining accuracy, and the product data, so as to satisfy the priority condition.
4. The machining time estimation device according to claim 1, wherein, when the product data do not include data indicating that the product is to be oriented in either the first direction or the second direction, the machining direction determination unit allocates either the first machining or the second machining to each area so as to reduce a difference between the first time estimate and the second time estimate.
5. The machining time estimation device according to claim 2, wherein, when the product data do not include data indicating that the product is to be oriented in either the first direction or the second direction, the machining direction determination unit allocates either the first machining or the second machining to each area so as to reduce a difference between the first time estimate and the second time estimate.
6. The machining time estimation device according to claim 3, wherein, when the product data do not include data indicating that the product is to be oriented in either the first direction or the second direction, the machining direction determination unit allocates either the first machining or the second machining to each area so as to reduce a difference between the first time estimate and the second time estimate.
7. A machining time estimation method for estimating a time required to manufacture a product using a lathe that performs first machining on a workpiece gripped by a first spindle about a material axis, and performs second machining on the workpiece on which the first machining has been performed and which is gripped by a second spindle that opposes the first spindle, the machining time estimation method comprising:
a material data input reception step for receiving input of material data indicating at least a shape of a material used for the workpiece;
a product data input reception step for receiving input of product data indicating at least a shape of each area of the product obtained from the material;
a machining direction determination step for determining a machining direction, i.e., whether to orient the product in a first direction along the material axis or a second direction opposite to the first direction, on the basis of constraint condition data indicating constraint conditions of the first machining and/or the second machining, and the product data; and
a time estimate output step for calculating a first time estimate required for the first machining and a second time estimate required for the second machining in accordance with the machining direction on the basis of machining condition data indicating machining conditions including a machining speed, the machining conditions corresponding to tools used respectively for the first machining and the second machining, as well as the material data and the product data, and outputting an estimate of the time required to manufacture the product on the basis of the first time estimate and the second time estimate.
8. A computer-readable non-temporary medium recording a machining time estimation program for estimating a time required to manufacture a product using a lathe that performs first machining on a workpiece gripped by a first spindle about a material axis, and performs second machining on the workpiece on which the first machining has been performed and which is gripped by a second spindle that opposes the first spindle, the machining time estimation program causing a computer to realize:
a material data input reception function for receiving input of material data indicating at least a shape of a material used for the workpiece;
a product data input reception function for receiving input of product data indicating at least a shape of each area of the product obtained from the material;
a machining direction determination function for determining a machining direction, i.e., whether to orient the product in a first direction along the material axis or a second direction opposite to the first direction, on the basis of constraint condition data indicating constraint conditions of the first machining and/or the second machining, and the product data; and
a time estimate output function for calculating a first time estimate required for the first machining and a second time estimate required for the second machining in accordance with the machining direction on the basis of machining condition data indicating machining conditions including a machining speed, the machining conditions corresponding to tools used respectively for the first machining and the second machining, as well as the material data and the product data, and outputting an estimate of the time required to manufacture the product on the basis of the first time estimate and the second time estimate.
The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting by a device/computerprogram nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the device/computerprogram language, receiving data, determining direction, and calculating time estimate, in the context of this claim encompasses a user thinking about or manually receiving data, determining direction, and calculating time estimate. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – device/computerprogram. The device/computerprogram is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) 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. The claim is directed to an abstract idea.
The claim does 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(s) of device/computerprogram 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. The claim is not patent eligible.
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.
(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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2008/0281463 to Suh, supplied by applicant.
1, 7, 8. A machining time estimation device, method, and program, for estimating a time required to manufacture a product (paragraph 98: "HPS information for all working steps is created using the information created in steps S220 to S260 (S270). The HPS information is working step information where machining working step information defined in ISO 14649 Part 10 is supplemented with information on [ ... ] a machining time required for general machining") using a lathe that performs first machining on a workpiece gripped by a first spindle about a material axis, and performs second machining on the workpiece on which the first machining has been performed and which is gripped by a second spindle that opposes the first spindle (Fig. 11, paragraph 108), the machining time estimation device comprising:
a material data input reception unit that receives input of material data indicating at least a shape of a material used for the workpiece (paragraph 75: "using CAD data inputted through the standard CAD interface 410", Fig. 5, 6);
a product data input reception unit that receives input of product data indicating at least a shape of each area of the product obtained from the material (paragraph 75: "using CAD data inputted through the standard CAD interface 410", Fig. 5, 6);
a machining direction determination unit that determines a machining direction, i.e., whether to orient the product in a first direction along the material axis or a second direction opposite to the first direction, on the basis of constraint condition data indicating constraint conditions of the first machining and/or the second machining, and the product data (Fig 9, S230, paragraph 91: "spindle setup should be determined to be used depending on the form, mechanical characteristics, quality and the like of a final shape", paragraphs 92- 93); and
a time estimate output unit that calculates a first time estimate required for the first machining and a second time estimate required for the second machining in accordance with the machining direction on the basis of machining condition data indicating machining conditions including a machining speed, the machining conditions corresponding to tools used respectively for the first machining and the second machining, as well as the material data and the product data (Fig. 9, S260, paragraph 97: "a machining time is calculated for each working step using the created tool path (S260)"), and outputs an estimate of the time required to manufacture the product on the basis of the first time estimate and the second time estimate (paragraph 98: "HPS information for all working steps is created using the information created in steps S220 to S260 (S270). The HPS information is working step information where machining working step information defined in ISO 14649 Part 10 is supplemented with information on [ ... ] a machining time required for general machining, a machining time required for one-feature simultaneous machining, and a machining time required for two-feature simultaneous machining", paragraph 99: "FIG. 10 is a hardware-dependent process sequence graph (HPSG) graphically showing the HPS information created in the steps of FIG. 9").
2. The machining time estimation device according to claim 1, wherein the machining direction determination unit determines the machining direction on the basis of the constraint condition data indicating the constraint conditions, which include a priority condition prioritizing either the first machining or the second machining, and the product data, so as to satisfy the priority condition (paragraph 91, 104-105).
3. The machining time estimation device according to claim 2, wherein the product data input reception unit receives input of the product data including a machining accuracy, and the machining direction determination unit determines the machining direction on the basis of the constraint condition data indicating the constraint conditions, which include the priority condition prioritizing the first machining with respect to the machining accuracy, and the product data, so as to satisfy the priority condition (paragraph 91, 104-105).
4. The machining time estimation device according to claim 1, wherein, when the product data do not include data indicating that the product is to be oriented in either the first direction or the second direction, the machining direction determination unit allocates either the first machining or the second machining to each area so as to reduce a difference between the first time estimate and the second time estimate (paragraph 91, 104-105).
5. The machining time estimation device according to claim 2, wherein, when the product data do not include data indicating that the product is to be oriented in either the first direction or the second direction, the machining direction determination unit allocates either the first machining or the second machining to each area so as to reduce a difference between the first time estimate and the second time estimate (paragraph 91, 104-105).
6. The machining time estimation device according to claim 3, wherein, when the product data do not include data indicating that the product is to be oriented in either the first direction or the second direction, the machining direction determination unit allocates either the first machining or the second machining to each area so as to reduce a difference between the first time estimate and the second time estimate (paragraph 91, 104-105).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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, William Kraig can be reached at 571-272-8660. 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.
/Sean Shechtman/ Primary Examiner, Art Unit 2896
Prosecution Insights