DETAILED ACTION
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 . 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 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.
Claim Rejections - 35 USC § 101
2. 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 therefore, subject to the conditions and requirements of this title.
3. Claims 17-20 are 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 machine-readable medium includes signal media within its scope.
Claim Interpretation
4. 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.
5. The claim 8 in this application is 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: "digit position setting unit, text element configuration unit, calculation unit, offset pixel calculation unit, text element transparency control unit in claim 8.
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 § 112
6. 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.
7. Claim 8 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 pre-AIA the applicant regards as the invention. (Note: rejection applies to subsequent dependent claims)
Claim limitation " digit position setting unit, text element configuration unit, calculation unit, offset pixel calculation unit, text element transparency control unit " as recited in claim 8, each limitation is a limitation which invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The specification provides no disclosure of a structure for each of the limitations "an image acquiring module, a radius calculating module, a ratio calculating module, an enlargement processing module, a distortion processing module, an output module" as recited in claim 8, either as a dedicated structure that performs the recited function or as a combination of a general purpose processor and an algorithm that enables it to perform the function. Throughout the specification, there are merely represented by labeled boxes in the figures and described only by their function within the detailed disclosure. As such, the scope of claims 6-9 cannot be determined.
Therefore, the claim 8 is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure,
material, or acts disclosed therein to the function recited in the claim, without introducing any
new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function.
For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
8. Claims 1-20 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 pre-AIA the applicant regards as the invention.
Claim 1, line 11 recites "the digit position”. The limitation "a current digit position" is previously introduced in claim 1, line 8. It is not clear whether "the digit position” at claim 1, line 11 is the same with "digit position" in claim 1, line 8.
Claim 3, line 4 recites "a digit position”. The limitation "the digit position" is previously introduced in claim 1, line 11. It is not clear whether "a digit position” at claim 3, line 4 is the same with "the digit position" in claim 1, line 11.
Claim 8, line 6 recites "set digit positions” There is insufficient antecedent basis for this limitation in the claim. It should probably be “set the digit positions”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 7 recites "an instrument” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the instrument”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 9 recites "five text elements” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the five text elements”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 9 recites "numbers” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the numbers”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 11 recites "a pixel height” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the pixel height”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 12 recites "a pixel height” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the pixel height”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 13 recites "an off set coefficient for each digit position” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the off set coefficient for each digit position”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 14 recites "an overall offset pixel” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the overall offset pixel”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 17 recites "a transparency” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the transparency”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 18 recites "a magnitude” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the magnitude”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, line 18 recites "a distance” There is insufficient antecedent basis for this limitation in the claim. It should probably be “the distance”, and the claim will be read as such for the purpose of applying prior art.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kunori (US-2014/0108984-A1), teaches an information processing apparatus that displays a numeric value input area having multiple digit positions and changes a numeric value of the input area in accordance with a user operation on the input area, as well as a control method and a storage medium. The information processing apparatus calculates, when a movement of the plurality of digit positions of the numeric value input area is instructed by the operation of the user, a movement direction and a movement amount, performs a moving, in accordance with the movement direction and the movement amount of each numeral of the plurality of digit positions of the input area, and inserts a predetermined numeral into a digit position whose numeral became undefined by the moving of the numeral of each digit position in the moving.
Chen et al. (CN-111198997-A), teaches a digital scrolling display method, and specifically discloses: a digital to be displayed is separated according to digits, so as to obtain target digitals at the digits of said digital; a visual region V corresponds to a first row of a preset character array, and there are a total of five columns of characters to be scrolled through in the preset character array, with high digits on the left and low digits on the right; if said digital has five digits, the digital of columns of said characters is also five; and the current position of each target digital in the preset character array is determined, wherein the current position comprises the current column in which each target digital is located in the preset character array and a row height of each target digital in the corresponding current column.
Zhao et al. (CN-106919320-A), teaches prompting digital information. The method includes acquiring each digital character input by the user; Digit information is displayed at a specific position. Through the technical solution of the present application, the user can be prompted with the digit information currently input when the user inputs numeric characters, so as to prevent the user from causing huge economic losses due to wrong digits.
Deng et al. (CN-114611031-A), teaches a digit scrolling display method, a device, electronic equipment and a computer storage medium, wherein the method comprises the steps of acquiring target digits on digits of digits to be displayed, determining each target digit at the current position of the target digit in a preset character array, wherein the preset character array comprises multiple columns of characters to be scrolled corresponding to the digits of the digits to be displayed and a visual area for displaying the target digits, and synchronously scrolling the characters to be scrolled to enable each target digit to be in the visual area according to each current position of the target digit. The embodiment of the application realizes independent scrolling display of the numbers according to the numbers.
Kunori (US-9367222-B2), teaches an information processing apparatus that displays a numeric value input area having multiple digit positions and changes a numeric value of the input area in accordance with a user operation on the input area, as well as a control method and a storage medium. The information processing apparatus calculates, when a movement of the plurality of digit positions of the numeric value input area is instructed by the operation of the user, a movement direction and a movement amount, performs a moving, in accordance with the movement direction and the movement amount of each numeral of the plurality of digit positions of the input area, and inserts a predetermined numeral into a digit position whose numeral became undefined by the moving of the numeral of each digit position in the moving.
Liu et al. (US-10290128-B2), teaches techniques for interactive scene graph manipulation for visualization authoring are described. In implementations, visual marks are grouped into containers. Each container includes layout settings independent of other containers, and the layout settings are individually adjustable. The visual marks are configured to represent data values. Additionally, the containers are nested in a hierarchy. Then, data visualizations are constructed for display via a user interface of a display device. For example, the data visualizations can be constructed by applying data values to the visual marks and layout settings of the containers to the visual marks grouped within the nested containers to generate the data visualizations.
Zhao et al. (WO-2017107850-A1), teaches a method and device for indicating numeric position information. The method comprises: acquiring digits of respective numeric positions of a number inputted by a user (101); and when the digits of the number are being displayed, displaying, at a specific location, numeric position information of at least the digit of the highest numeric position (102). The method can provide to a user indication of the numeric position information of a current input when the user is inputting digits of a number, thus avoiding massive financial loss of the user due to errors in the numeric position.
10. The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 USC § 101, 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LE whose telephone number is (571)272-5330. The examiner can normally be reached 9am-5pm.
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, Kent Chang can be reached at (571) 272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL LE/Primary Examiner, Art Unit 2614
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