CTNF 19/206,460 CTNF 76097 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-24-01 AIA Color photographs and color drawings (as shown in figs. 2-4) are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification: The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee. Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2). The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The drawings do not show the claimed , “the robot” and “a second robot”. Therefore, the claims must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 1-11 are 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 1 is a method. According to step 2A, prong 1 the claimed invention is directed to a judicial exception (i.e., an abstract idea). Independent claim 1 recites: …….receiving an image of a robot; ……..receiving a language instruction of a task to be performed by the robot; ……..generating a plurality of image sequences of the robot performing the task based on the received image of the robot and the language instruction; ……selecting a first image sequence among the plurality of image sequences having a highest probability of performing the task; …..determining a plurality of actions to be performed by a second robot to perform the task based on the first image sequence. These limitations are directed to mental processes i.e. concepts performed in the human mind including an observation, evaluation and judgement. The steps of: “ …….receiving an image of a robot; ……..receiving a language instruction of a task to be performed ….; ……..generating a plurality of image sequences of the robot performing the task based on the received image of the robot and the language instruction; ……selecting a first image sequence among the plurality of image sequences having a highest probability of performing the task; …..determining a plurality of actions to be performed by…. ” can be done by a human observing a robot and taking images of it and mentally determining actions to be performed by robot. That is a person can use paper and pencil while physically observing the robot and generating images using a piece of paper using pencil, etc. There are sensors that collect information and a computer that controls a robot to perform a task. Rather the claims mention of a task to be performed, but there is no positive recitation of a robot being controlled by a computer to perform any task. According to step 2A, prong 2 the judicial exception is not integrated into a practical application . The claims haves an additional element of robots. The claims simply apply the judicial exception to a particular technological environment by generally linking it to tasks to be performed by a robot. Accordingly, the 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 robots the robots are not part of the method since the robots are merely used to describe the method wherein a human is basically observing the robots. Accordingly, the claims recite additional elements that do not amount to significantly more than the judicial exception because the additional elements generally link the use of the judicial exception to observing robots and generating images – see MPEP 2106.05(h) Applicant may overcome the 101 rejection by reciting a computer or controller that controls the robots. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 12-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 12 recites the phrase, “select a first image sequence among the plurality of image sequences having a highest probability of performing the task ”. It is not clear what all is meant by or encompassed by the phrase. Applicant’s disclosure has not shown how a, “ plurality of image sequences having a highest probability of performing the task ”. Do images sequences perform a task? The specification does not explain how this is done. The limitation is basically copied from the specification and pasted into the claims. Applicant’s specification sec 0046 describes a classifier (which could be a computer chip, the examiner presumes) that outputs a probability that a potential goal makes progress toward completing a language instruction. However, no robot is described performing a task, instead based on the specification it is “a potential goal” that “makes progress toward completing a language instruction.” How does a goal make progress toward completing a language instruction? Is the goal the robot? How do goals perform a task e.g. making progress toward completing a task? In addition., claim 12 recites, “one or more processors configured to: receive an image of a robot; receive a language instruction of a task to be performed by the robot; generate a plurality of image sequences of the robot performing the task …”. Section 0011 of the specification recites “[0011] FIG. 2A shows an image of a robot in an example scene, …”. The drawings show a picture taken by an image reception module 112. Therefore, it is not clear from the disclosure how a robot that is in a picture is to perform actions such as the recirted, “,,,,a task to be performed by the robot;” The rest of the claims are rejected for depending on a rejected base claim or for having similar deficiencies as the rejected base claim. Conclusion The prior art, US 20240335941 A1, US 20230311335 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. 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, 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. 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. /RONNIE M MANCHO/ Primary Examiner, Art Unit 3657 Application/Control Number: 19/206,460 Page 2 Art Unit: 3657 Application/Control Number: 19/206,460 Page 3 Art Unit: 3657 Application/Control Number: 19/206,460 Page 4 Art Unit: 3657 Application/Control Number: 19/206,460 Page 5 Art Unit: 3657 Application/Control Number: 19/206,460 Page 6 Art Unit: 3657 Application/Control Number: 19/206,460 Page 7 Art Unit: 3657 Application/Control Number: 19/206,460 Page 8 Art Unit: 3657
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