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.
Claims 1-10 have been interpreted under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) to not invoke 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) claim interpretation.
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.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claimed medium in the claimed “A storage medium storing a program for causing a computer to perform a method for managing drawing data including raster data, the method comprising:” covers signals, refer to Applicant’s Specification at paragraph [0014]. Amending “storage medium” in claim 9 to claim “non-transitory storage medium” is one way to overcome this patent ineligibility issue. Alternatively claim 9 could be amended similar to Parent’s Patented claim 8 which claims a non-transitory computer-readable medium on which programmed instructions are stored, however, take into consideration double patenting when making any amendments.
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 1-8 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.
Claims 1-8 are method claims which do not claim an actor of the method steps. These claims are unclear and ambiguous as to the actor of each of the claimed steps. This ambiguity fails to put one of ordinary skill in the art on notice the metes and bounds of the method claims. Refer to MPEP 2173.02 Determining Whether Claim Language is Definite [R-01.2024]; MPEP 2173.05(g) Functional Limitations [R-07.2022]; MPEP 2173.06 Practice Compact Prosecution [R-07.2022] II. PRIOR ART REJECTION OF CLAIM REJECTED AS INDEFINITE; and MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024] I. INDEFINITE LIMITATIONS MUST BE CONSIDERED II. LIMITATIONS WHICH DO NOT FIND SUPPORT IN THE ORIGINAL SPECIFICATION MUST BE CONSIDERED .
Storage medium claim 9 sets forth an actor for the claimed steps as a computer. Device claim 10 sets forth an actor for the claimed functions as a computer. Paragraphs [0014] and [0036] of Applicant’s specification describes “at least one processor such as a CPU” and “using at least one processor or using a plurality of computers” as executing the steps. Method claims 1-8 could be amended to claim an actor for each of the steps such as “at least one processor” or “at least one computer” or could be amended similar to Parent’s Patented method claims 1-7, however, take into consideration double patenting when making any amendments.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,211,127. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are broader versions of the patented claims, refer to the following claim correlating table of the pending claims and the patented claims and the below claim comparison table of the pending claims and the patented claims.
Claim correlating table correlating claims filed on 12/20/2024 with claims of parent US Patent No. 12,211,127.
Claims filed on 12/20/2024
1
2
3
4
5
US 12,211,127 B2
1
2
3
4
5
Claims filed on 12/20/2024
6
7
8
9
10
US 12,211,127 B2
6
1
7
8
9
Claim comparison table comparing the claims filed on 12/20/2024 with claims of parent US Patent No. 12,211,127.
Claims filed on 12/20/2024
1. A method for managing drawing data including raster data, comprising:
vectorizing the drawing data to generate vector data;
generating dimension line data associated with first and second nodes included in the vector data;
performing character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data; and
storing a character obtained by the character recognition as a dimension value in association with the dimension line data.
7. The method according to claim 1, further comprising
calculating a number of pixels per 1 mm on a drawing represented by the drawing data using the dimension value.
2. The method according to claim 1, wherein the generating the dimension line data includes:
detecting a plurality of tip end apex symbols from the drawing data;
determining at least a pair of tip end apex symbols among the plurality of detected tip end apex symbols; and
identifying first and second nodes in the vector data corresponding to first and second tip end apexes of the pair of tip end apex symbols.
3. The method according to claim 2, wherein the plurality of tip end apex symbols are arrows.
4. The method according to claim 1, further comprising determining an orientation of the close region or the corresponding region.
5. The method according to claim 1, wherein the close region is a region including one edge or a plurality of connected edges close to the dimension line represented by the dimension line data.
6. The method according to claim 5, wherein the close region is a region including one edge or a plurality of connected edges positioned in a predetermined range in a direction perpendicular to an edge connecting the first and the second nodes or a line segment extended over one node of the edge.
7. The method according to claim 1, further comprising calculating a number of pixels per 1 mm on a drawing represented by the drawing data using the dimension value.
8. The method according to claim 1, further comprising performing thinning processing on the drawing data before the vectorizing.
9. A storage medium storing a program for causing a computer to perform a method for managing drawing data including raster data, the method comprising:
vectorizing the drawing data to generate vector data;
generating dimension line data associated with first and second nodes included in the vector data;
performing character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data; and
storing a character obtained by the character recognition as a dimension value in association with the dimension line data.
10. A device for managing drawing data including raster data, comprising circuitry configured to:
vectorize the drawing data to generate vector data;
generate dimension line data associated with first and second nodes included in the vector data;
perform character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data; and
store a character obtained by the character recognition as a dimension value in association with the dimension line data.
US 12,211,127 B2
1. A method for managing drawing data including raster data, comprising:
vectorizing, by a computer, the drawing data to generate vector data;
generating, by the computer, dimension line data associated with first and second nodes included in the vector data;
performing, by the computer, character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data;
storing, by the computer, a character obtained by the character recognition as a dimension value in association with the dimension line data; and
calculating, by the computer, a number of pixels per 1 mm on a drawing represented by the drawing data using the dimension value.
2. The method according to claim 1, wherein the generating the dimension line data includes:
detecting a plurality of tip end apex symbols from the drawing data;
determining at least a pair of tip end apex symbols among the plurality of detected tip end apex symbols; and
identifying first and second nodes in the vector data corresponding to first and second tip end apexes of the pair of tip end apex symbols.
3. The method according to claim 2, wherein the plurality of tip end apex symbols are arrows.
4. The method according to claim 1, further comprising determining an orientation of the close region or the corresponding region.
5. The method according to claim 1, wherein the close region is a region including one edge or a plurality of connected edges close to the dimension line represented by the dimension line data.
6. The method according to claim 5, wherein the close region is a region including one edge or a plurality of connected edges positioned in a predetermined range in a direction perpendicular to an edge connecting the first and the second nodes or a line segment extended over one node of the edge.
This limitation is present in Patent claim 1.
7. The method according to claim 1, further comprising performing thinning processing on the drawing data before the vectorizing.
8. A non-transitory computer-readable medium on which programmed instructions are stored, wherein the programmed instructions, when executed by a computer, causes the computer to perform a method for managing drawing data including raster data, the method comprising:
vectorizing the drawing data to generate vector data;
generating dimension line data associated with first and second nodes included in the vector data;
performing character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data;
storing a character obtained by the character recognition as a dimension value in association with the dimension line data; and
calculating a number of pixels per 1 mm on a drawing represented by the drawing data using the dimension value.
9. A device for managing drawing data including raster data, the device configured to:
vectorize the drawing data to generate vector data;
generate dimension line data associated with first and second nodes included in the vector data;
perform character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data;
store a character obtained by the character recognition as a dimension value in association with the dimension line data; and
calculate a number of pixels per 1 mm on a drawing represented by the drawing data using the dimension value.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamazaki et al., US Patent Application No. 2009/0324080, describes in the field of a document image obtained by scanning a paper document “a character recognition unit for recognizing characters in the character areas extracted by the analyzing unit and obtaining character code data of the recognition result;”, paragraph [0010], and refer to paragraphs [0005], [0011], [0035], [0042], [0063], [0072], [0084], and [0098] and claims 1 and 7.
Kenichiro, JP 3571128 B2, describes a method and an apparatus for recognizing dimension values in drawings having dimension information including dimension auxiliary lines, dimension lines, and dimension values, such as construction drawings such as architectural drawings and various design drawings.
Allowable Subject Matter
Claim 10 would be allowable if a proper terminal disclaimer addressing the nonstatutory double patenting rejection is set forth in this Office action.
Claim 9 would be allowable if a proper terminal disclaimer addressing the nonstatutory double patenting rejection is set forth in this Office action and if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action.
Claims 1-8 would be allowable if a proper terminal disclaimer addressing the nonstatutory double patenting rejection is set forth in this Office action and if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
When making amendments take into consideration double patenting.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1 and 9:
The prior art of record fails to teach or suggest in the context of each of independent claims 1 and 9:
“performing character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data; and
storing a character obtained by the character recognition as a dimension value in association with the dimension line data.” (emphasis added).
Claim 10:
The prior art of record fails to teach or suggest in the context of independent claim 10:
“perform character recognition on a corresponding region in the drawing data corresponding to a close region close to a dimension line represented by the dimension line data; and
store a character obtained by the character recognition as a dimension value in association with the dimension line data.” (emphasis added).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A BRIER whose telephone number is (571)272-7656. The examiner can normally be reached on Mon-Fri from 8:30am-3:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao M Wu, can be reached at telephone number 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEFFERY A. BRIER
Primary Examiner
Art Unit 2613
/JEFFERY A BRIER/Primary Examiner, Art Unit 2613
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