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 .
Foreign Priority Documents
The certified copy of foreign priority has not been received.
Specification
The amendment to the abstract is acknowledged.
Response to Arguments
Applicant’s arguments with respect to rejections under 35 U.S.C. 103 for claims 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Other arguments drawn to amended claim elements will be discussed in the rejection sections of this office action.
The claim objections and 35 U.S.C. 112(b) rejections from the previous office action are withdrawn, as they have been removed or corrected by amendment.
The amendments to claims 1-13 and new claims 19-23 are acknowledged.
New claim 23 should have been cited as “(New – Withdrawn)”, as it is dependent to withdrawn claim 14.
Claim Interpretation
Claim 1, line 5, cites that the first temperature control device is ‘centrally suppliable’. The claim does not cite what is centrally suppliable to the control device, leading to a wide breadth to the scope of the claim. Under broadest reasonable interpretation, the control device could be centrally supplied power, heat, a control signal, a temperature control fluid medium, etc.
In light of the instant specification [0007, 0023], it will be interpreted that a temperature control medium is being centrally supplied to the first temperature control device.
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 1-13 & 19-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite “a temperature control system”. Taking the broadest reasonable interpretation of claim 1, the claim satisfies Step 1 for statutory categories in the MPEP 2106 analysis, as the claim describes a machine (apparatus).
However, claim 1 fails the Step 2A Prong One analysis as the claim 1 elements of a “central computer configured to control the first temperature control device by a control command at least partially compensate for a subsequent change in an operating state of a second temperature control device assigned to a second production cell caused by changing the control command in case of a change in an operating state of the first production cell” are considered abstract ideas that can be performed via the human mind or manual or with the use of a generic computer. See MPEP 2106.04(a)(2)(III)(C)/(D). The other elements of claim 1 are drawn to generic computer components. Generating and identifying data by a generic computer is abstract, as they are mathematical concepts that manipulate data, and are generically-recited computer concepts for data gathering to store and retrieve information in memory, and does not add a meaningful limitation to the abstract idea because these are well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d). A control unit configured to ‘at least partially compensating for subsequent changes in operating states’ also is calculating and determining, that can be performed via the human mind.
For the Step 2A Prong Two analysis, this judicial exception is not integrated into a practical application because the claim 1 elements of controlling the first temperature control device and compensating for the state of a second temperature control device are well understood routine and conventional, and therefore not a practical application.
For Step 2B, claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Configuring a control unit to implement an abstract idea on a generic computer/control components does not impose a meaningful limit on the judicial exception.
Claims 2-13 & 19-22 are rejected under 35 U.S.C. 101 because they are dependent to claim 1 and are well-understood generic claims directed to the abstract ideas primarily of data manipulation, determination, mathematical calculations.
Claims 7-10 & 22 cite physical components of the system - such as the temperature control medium, conveying device & throttle device - that may be acted upon by the control units. However, these components are considered typical of a device which monitors temperature, so do not amount to significantly more than the judicial exception because the claim does not rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception.
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 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.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-13 & 19-23 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Balka (US20170153074A1). Claim elements are presented in italics.
1. A temperature control system comprising: a first temperature control device assigned to a first production cell, the first temperature control device being centrally suppliable; and a central computer, wherein the central computer is configured to: control the first temperature control device by a control command; and at least partially compensate for a subsequent change in an operating state of a second temperature control device assigned to a second production cell caused by changing the control command in case of a change in an operating state of the first production cell.
With respect to claim 1, the prior art of Balka teaches a temperature control system (See Fig. 2) comprising: a first temperature throttle control valve device (Fig. 2, top item 6; [0041]) assigned to a first ‘production cell’, which can be “a component of a shaping working machine” (Fig. 2, item 14 along path item 2; [Claim 1]). Balka teaches a plurality of throttle valves (Fig. 2, items 6) are individually controlled to regulate the temperature by adjusting the flow of a temperature control medium to the production cell [0041].
Balka does not show greater detail for the ‘shaping tool’ (Fig. 2, item 14) which comprises the plurality of production cells [0038]. Balka teaches the shaping tool could be a mold of an injection molding machine, but is not limited to this [0002, Claim 10]. Under broadest reasonable interpretation, each ‘production cell’ component of the shaping tool could serve a portion of a main cavity of an injection mold, could serve one cavity each per cell, or each cell could serve a plurality of mold cavities. These mold configurations would be commonly known to a person of ordinary skill in the art.
Balka teaches the first temperature control device has a centrally suppliable temperature control medium, wherein the medium flow branches individually (Fig. 2, items 2, 2’, 2”) to each production cell, but shares a common feed (Fig. 2, item 3) and return (Fig. 2, item 8) to/from the production cells to a centrally supplying pump system (Fig. 2, item 4).
Balka teaches a throttle device central computer (Fig. 2, item 7), wherein the central computer is configured to: control the first temperature control device by a control command [0036-0037, 0041].
Balka indirectly teaches at least partially compensating for a subsequent change in an operating state of a second temperature control device assigned to a second production cell caused by changing the control command in case of a change in an operating state of the first production cell.
Balka teaches with change in operating state of a first temperature control device, such as reducing the first throttle valve past a predetermined value, will cause the pump of the medium pumping system (Fig. 2, item 4) to reduce its rotary speed, reducing flow [0043]. In response to this, the other throttle valves will then compensate by being controlled to open stepwise until their temperature settings are met, by reaching an optimal working flow for the operating cells and a minimized resistance for the entire pumping system [0041, 0043].
2. The temperature control system according to claim 1, wherein the first temperature control device includes central machine controls that are: (i) electrically connected to the central computer; and (ii) configured to control or regulate temperature control of the first production cell.
With respect to claim 2, Balka teaches the first throttle valve includes central machine controls (Fig. 2, item 7) that, along with the pump controls (Fig. 2, item 5), are: (i) electrically connected (Fig. 2, items 11, 12) as components of a main computer [0024-0025; 0041]; and (ii) configured to control or regulate temperature control of the first production cell [Claim 1].
3. The temperature control system according to claim 2, wherein the central computer is further configured to output a corresponding control command to central machine controls of the second production cell based on the change in the operating state of the first production cell, and the central machine controls of the second production cell are configured to implement the corresponding control command on the second temperature control device.
With respect to claim 3, as set forth in the rejection of claim 2, Balka teaches the central computer (Fig. 2, items 5 & 7) is further configured to output a corresponding control command to central machine controls of the second production cell based on the change in the operating state of the first production cell. Balka teaches the central machine controls of the second production cell (Fig. 2, item 14 along path item 2’) are configured to implement the corresponding control command on the second throttle valve (Fig. 2, item 2’) via electrical connections (Fig. 2, items 11, 12; [0037-0038, 0041]).
4. The temperature control system according to claim 1, wherein the first temperature control device includes a sensor configured to detect a characteristic signal for the operating state of the first production cell.
With respect to claim 4, Balka teaches the first temperature control device includes a sensor (Fig. 2, top item 9) configured to detect a characteristic signal for the operating state of the first production cell [0041].
5. The temperature control system according to claim 2, wherein the central computer is further configured to detect the change in the operating state of the first production cell or monitor the operating state of the first production cell based on a signal transmitted from the central machine controls or a sensor.
With respect to claim 5, Balka teaches the central computer is further configured to detect the change in the operating state of the first production cell or monitor the operating state of the first production cell based on a signal transmitted from the central machine controls or a sensor [0041]. The sensors (Fig. 2, items 9) provide signals to their respective throttle valve controls (Fig. 2, item 7) via electrical signal lines (Fig. 2, items 10).
6. The temperature control system according to claim 5, wherein the central computer is further configured to change a control command of the second temperature control device.
With respect to claim 6, Balka teaches the central computer components (Fig. 2, items 5 & 7) further configured to change a control command of the second temperature control device [0037, 0041].
7. The temperature control system according to claim 1, further comprising: a conveying device, wherein the conveying device is configured to: be controlled by the central computer; and supply a temperature control medium in a central supply channel for the first temperature control device or the second temperature control device.
With respect to claim 7, Balka teaches a conveying device as a pump of a pumping system (Fig. 2, item 4), wherein the conveying device is configured to: be controlled by the central computer [0041]; and supply a temperature control medium in a central supply channel for the first temperature control device or the second temperature control device [0040-0041, 0043].
8. The temperature control system according to claim 7, wherein the central computer is further configured to output a corresponding control command to the conveying device based on the change in the operating state of the first production cell, and central machine controls of the first temperature control device are configured to adapt a conveying capacity of the conveying device to the change in the operating state of the first production cell.
With respect to claim 8, as set forth in the rejection of claim 7, Balka teaches the central computer is further configured to output a corresponding control command to the conveying device based on the change in the operating state of the first production cell [0041]. Balka teaches the central machine controls of the first throttle valve are configured to open and close by a variable degree and the flow is detected by a sensor (Fig. 2, top item 9), and the pump may vary its rotary speed and conveying capacity based on throttle valve position, which is indicative of the operating state of the first production cell [0017, 0041].
9. The temperature control system according to claim 1, wherein the first temperature control device is connected to a central supply channel and a central return channel, and the central supply channel is configured to supply a temperature control medium to the first temperature control device and the central discharge channel is configured to discharge the temperature control medium.
With respect to claim 9, Balka teaches the first temperature control device is connected to a central supply channel (Fig. 2, item 8) and a central return channel (Fig. 2, item 3), and the central supply channel is configured to supply a temperature control medium to the first temperature control device and the central discharge channel is configured to discharge the temperature control medium [0039-0040].
10. The temperature control system according to claim 1, wherein the first temperature control device includes a throttle device which is: (i) electrically connected to the central computer or central machine controls of the first temperature control device; and (ii) configured to adapt a temperature control by varying a volume flow of a temperature control medium.
With respect to claim 10, Balka teaches the first temperature control device is a first throttle valve including central machine controls (Fig. 2, item 7) that, along with the pump controls (Fig. 2, item 5), are: (i) electrically connected (Fig. 2, items 11, 12) as components of a main computer [0024-0025; 0041]; and (ii) configured to control or regulate temperature control of the first production cell [Claim 1].
11. The temperature control system according to claim 10, wherein the central computer is further configured to output a corresponding control command to a throttle device of the second production cell when the operating state of first production cell changes.
With respect to claim 11, Balka teaches the central computer (Fig. 2, items 5 & 7) is further configured to output a corresponding control command to central machine controls of the second production cell based on the change in the operating state of the first production cell. Balka teaches the central machine controls of the second production cell (Fig. 2, item 14 along path item 2’) are configured to implement the corresponding control command on the second throttle valve (Fig. 2, item 2’) via electrical connections (Fig. 2, items 11, 12; [0037-0038, 0041]).
12. The temperature control system according to claim 1, wherein the central computer is further configured to reduce a conveying capacity of a conveying device or reduce a volume flow of the conveying device based on the change in the operating state of the first production cell, which leads to a reduced need for temperature control of the first production cell.
With respect to claim 12, Balka teaches the central computer is further configured to reduce a conveying capacity of a conveying device or reduce a volume flow of the conveying device based on the change in the operating state of the first production cell, which leads to a reduced need for temperature control of the first production cell [0041].
13. The temperature control system according to claim 1, wherein the central computer is further configured to: (i) increase a conveying capacity of a conveying device; (ii increase a volume flow of the conveying device; (iii) output a warning signal; or (iv) adapt an operating condition of the second production cell based on the change in the operating state of the first production cell, which leads to an increased requirement for temperature control of the first production cell.
With respect to claim 13, Balka teaches the central computer can be configured to: (i) increase a conveying capacity of a conveying device which leads to an increased requirement for temperature control of the first production cell [0037].
19. The temperature control system according to claim 1, wherein the temperature control system is configured to control a temperature of a mold of the first production cell or the second production cell.
With respect to claim 19, Balka teaches the temperature control system is configured to control a temperature of a mold of the first production cell or the second production cell [0015].
20. The temperature control system according to claim 1, wherein the second temperature control device includes a sensor configured to detect a characteristic signal for an operating state of the second production cell.
With respect to claim 20, Balka teaches the second temperature control device includes a sensor (Fig. 2, middle item 9) configured to detect a characteristic signal for an operating state of the second production cell [0041].
21. The temperature control system according to claim 5, wherein the central computer is further configured to change a control command of a conveying device.
With respect to claim 21, Balka teaches the central computer is further configured to change a control command of a conveying device [Claim 8].
22. The temperature control system according to claim 1, wherein the second temperature control device includes a throttle device which is: (i) electrically connected to the central computer or central machine controls of the second temperature control device; and (ii) configured to adapt a temperature control by varying a volume flow of a temperature control medium.
With respect to claim 22, Balka teaches the second temperature control device is a second throttle valve including central machine controls (Fig. 2, item 7) that, along with the pump controls (Fig. 2, item 5), are: (i) electrically connected (Fig. 2, items 11, 12) as components of a main computer [0024-0025; 0041]; and (ii) configured to control or regulate temperature control of the second production cell [Claim 1].
23. The method according to claim 14, further comprising controlling a conveying device for supplying the first temperature control device or the second temperature control device with a temperature control medium.
With respect to claim 23, Balka teaches controlling a conveying device for supplying the first temperature control device or the second temperature control device with a temperature control medium [0040, Claim 8].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY C GROSSO whose telephone number is (571)270-1363. The examiner can normally be reached on M-F 8AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached on 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY C. GROSSO
Examiner
Art Unit 1748
/GREGORY C. GROSSO/Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748