Digitally Signed by IPOPhil

05/09/2019

INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES IPOPHL-BOP-INV-FD- ED:

BUREAU OF PATENTS FORM NUMBER 02 21.03.2019
AP:
Intellectual Property Center
IPAS AGENT
No. 28 Upper McKinley Road,
McKinley Hill Town Center, CODE 8025
Fort Bonifacio, Taguig City
Tel. No. (02) 238-6300 IPO BOX NO. 9
Website: http://www.ipophil.gov.ph
PAPER NO. 7
FEDERIS AND ASSOCIATES LAW
OFFICES
Suites 2004 & 2005, 88 Corporate Center,
141 Valero Cor. Sedeño St., Salcedo Village,
1227, Makati City, Metro Manila, Philippines

Application Type/No: Invention 1/2014/502650 NPE Date: 27 November 2014 (27.11.2014)

Applicant: TAIHEIYO CEMENT CORPORATION [JP]
METHOD FOR PREDICTING QUALITY OR MANUFACTURING CONDITION OF
Title:
CEMENT
Division: Inventions (CHTED) Examiner: Earl Clarence B. Gadin

SUBSTANTIVE EXAMINATION REPORT

National Phase Entry Application and its corresponding payment filed on 27 November 2014 are hereby
acknowledged and marked as Paper Nos. 1 and 2, respectively.

Communication enclosing the Appointment of Resident Agent/Power of Attorney received on 15 December

2014 is hereby acknowledged and marked Paper No. 3.

Appointment of Resident Agent/Power of Attorney is entered of record.

Right of Priority (Section 31 of RA 8293, as amended)

Priority Data: JP 2012-123654 30 May 2012

The claim for convention priority is allowable.

Basis of the Report

The report has been established on the basis of:

Description: Page No(s) 1 – 78 as originally filed

Abstract: No of page(s) 1 as originally filed
Claims: No(s) 1–8 as originally filed
Drawings: Figure No(s) 1 – 26 as originally filed

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SUMMARY STATEMENT

Novelty Claim No(s). 1 – 8 Yes

Claim No(s). NONE No

Inventive Step Claim No(s). 1 – 8 Yes

Claim No(s). NONE No

Industrial Applicability Claim No(s). 1 – 8 Yes

Claim No(s). NONE No

Documents Cited or Considered Relevant

D1: US 2009/0151604 A1 (HIRAO, HIROSHI [JP], et. al.) 18 June 2009*

* D1 was identified in the US Examination Report dated 21 February 2017 for the corresponding US Application 14/403,753

DISCUSSION

1. NOVELTY (SECTION 23 OF RA 8293, as amended)

1.1. Claims 1 – 8 have met the requirements of novelty over D1.

1.1.1.D1 a cement additive containing industrial waste and having an effect of inhibiting monosulfate
formation in a hardened cementious material [Paragraph 0006]. The cement aditive comprises
calcium carbonate, gypsum and coal ash and/or blast-furnace slag powder, or contains coal ash
and/or blast-furnace slag powder as the industrial waste; calcium carbonate as the industrial waste
and/or calcium carbonate not as the industrial waste; and gypsum as the industrial waste and/or
gypsum not as the industrial waste [Paragraph 0008]. Furthermore, said cement additives together
with ordinary Portland cement (Taheiyo Cement Corporation, Blaine specific surface area: 3,300
cm2/g) were charged in a mixer and were dry-mixed. Specimens for measurement of compressive
stregth were produced in accordance with JIS-R201, using mixtures of the above cement and
cement additives. Compressive strength was measured after being subjected to standard water
curing for three months (at 20o). The presence or absence of monosulfate in the specimens after
three months of curing was determined by X-ray diffraction. The specimen obtained were subjected
to standard water curing for 7 days (at 20o), and were then cured in a 10% magnesium sulfate
aqueous solution up to a 3-month age, after which the compressive strength of the specimens was
measured. The cured specimens were also inspected visually [Paragraph 0049 – Paragraph 0052].

1.1.2.D1 relates to a method of incorporating additive to enhance the quality of cement. In comparison
with the present invention, D1 failed to disclose the method of predicting quality or manufacturing
conditions of cement through use of a neural network including an input layer and an output layer,
the input layer being used for inputting an actually measured value of observation data in cement
manufacturing, and the output layer being used for outputting an estimated value of evaluation data
related to evaluation of the quality or the manufacturing conditions of the cement, the observation
data and the evaluation data being used in one of the following combinations:
(i) a combination in which the observation data comprises one or more kinds of data selected from
data on a clinker raw material, data on burning conditions, data on grinding conditions, and data on
clinker, and the evaluation data comprises data on a clinker raw material, data on burning conditions,
data on grinding conditions, data on clinker, or data on cement; and

(ii) a combination in which the observation data comprises one or more kinds of data selected from
data on a clinker raw material, data on burning conditions, data on grinding conditions, data on
clinker, and data on cement, and the evaluation data comprises data on physical properties of a
cement-containing hydraulic composite, the method comprising the steps of:

(A) performing initial setting of a number of times of learning;

(B) performing learning of the neural network for the set number of times of learning through use of a
plurality of learning data each comprising a combination of an measured value of the observation
data and an actually measured value of the evaluation data:

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(C) calculating a mean square error (dM) between an estimated value of the evaluation data
obtained by inputting an actually measured value of the observation data of the plurality of learning
data to the input layer of the neural network in which learning has been performed in the latest step
(B) and an actually measured value of the evaluation data of the plurality of learning data, and a
mean square error (dM) between an estimated value of the evaluation data obtained by inputting an
actually measured value of the observation data in monitor data, which comprise a combination of an
actually measured value of the observation data and an actually measured value of the evaluation
data and which is used for confirming reliability of a learning result of the neural network, to the input
layer of the neural network in which learning has been performed in the latest step (B) and an
actually measured value of the evaluation data in the monitor data, performing a step (D) when the
calculated dL and dM satisfy a relationship of dL;::: dM, and performing a step (E) when the
calculated dL and dM satisfy a relationship of dL< dM;

(D) increasing the set number of times of learning to reset the increased set number of times of
learning as a new number of times of learning, and performing the steps (B) and (C) again;

(E) resetting a number of times of learning obtained by reducing the number of times of learning for
which the latest learning of the neural network has been performed as a new number of times of
learning;

(F) performing the learning of the neural network for the set number of times of learning through use
of the plurality of learning data used in the step (B);

(G) calculating a mean square error (dL) between an estimated value of the evaluation data obtained
by inputting an actually measured value of the observation data of the plurality of learning data to the
input layer of the neural network in which learning has been performed in the latest step (F) and an
actually measured value of the evaluation data of the plurality of learning data, and a mean square
error (dM) between an estimated value of the evaluation data obtained by inputting an actually
measured value of the observation data in the monitor data to the input layer of the neural network in
which learning has been performed in the latest step (F) and an actually measured value of the
evaluation data in the monitor data, performing a step (1) when the calculated dL and dM satisfy a
relationship of dL:s. dM, and performing a step (H) when the calculated dL and dM satisfy a
relationship of dL< dM;

(H) performing the steps (E) to (G) again when the number of times of learning of the neural network
in the step (F) performed most recently is more than a preset numerical value, and performing a step
(K) when the number of times of learning of the neural network in the step (F) performed most
recently is equal to or less than the preset numerical value;

(I) calculating a judgment value for analysis degree by the following equation (1), and when the
analysis degree determination value is less than a preset value, inputting an actually measured
value of the observation data in the cement manufacturing to the input layer and outputting an
estimated value of the evaluation data related to the evaluation of the quality or the manufacturing
conditions of the cement from the output layer, and when the analysis degree determination value is
equal to or more than the preset value, performing the step (K); and

(K) initializing learning conditions, and performing the steps (A) to (K) again:

(in equation (1),the mean square error (σL) of the learning data represents a mean square error (σL)
of an estimated value of the evaluation data obtained by inputting an actually measured value of the
observation data of the learning data to the input layer of the neural network after learning and an
actually measured value of the evaluation data of the learning data, and the average value of the
estimated value of the evaluation data represents an average value of an estimated value of the
evaluation data obtained by inputting an actually measured value of the observation data of the
learning data to the input layer of the neural network after learning)," Therefore, claims 1 – 8 are
considered novel.

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2. INVENTIVE STEP (SECTION 26 OF RA 8293, as amended)

2.1. Claims 1 – 8 have met the requirements of inventive step over D1 in view of D2.

2.1.1.There is/are no teaching(s) in D1 that could make the novel features as discussed in Item No. 1.1.2
obvious to any person skilled in the art at the time of filing of this application. Claims 1 – 8 are
therefore considered to have met the requirement of inventive step.

3. INDUSTRIAL APPLICABILITY (SECTION 27 OF RA 8293, as amended)

3.1. The invention defined in claims 1 – 8 is considered as industrially applicable since the cold-rolled steel
sheet for vitreous enameling can be produced and used in the industry.

4. FORMALITY DEFECTS

4.1. Drawings are not in accordance with Rule 414.8 of the Revised IRR on Inventions.The name of the
applicant and his signature, or the name and signature of his duly authorized representative, are nowhere
to be found. Said name and signature should be placed at the lower right hand corner of each sheet of
the drawings.

4.2. Claims 4 – 8 are objected to for being improperly drawn multiple dependent claims. Rule 415c of the
Revised IRR on Inventions provides that “multiple dependent claims should refer to other claims in the
alternative only and/or cannot serve as basis for any other multiple dependent claims”. Said claims refer
back to other multiple dependent claims and should be redrafted to their proper forms.

4.3. The expression, ‘Description’ and ‘Title of Invention’, on page 1 should be deleted.

4.4. The numbering of claims should be replaced from “[Claim 1], [Claim 2], ... ,[Claim 8]” to “1, 2, ... , 8”.

5. REQUIREMENTS

5.1. Applicant should present amended claims in view of the formality defect mentioned above. Said
amendments shall not include new matter outside the scope of the disclosure contained in the application
as filed in view of Section 49 of RA 8293, as amended.

5.2. To facilitate early adjudication of the present application, applicant should submit the following:

5.2.1.Four (4) copies of the description and abstract, made in accordance with Rule 418 of the Revised
IRR (using A4 paper with correct page and line numbers and without any mark-up);

5.2.2.Four (4) copies of the amended claims taking into account of the above comments/suggestions,
made in accordance with Rule 418 of the Revised IRR;

5.2.3.A copy of the drawings (Fig. Nos. 1 – 26) made in accordance with Rule 414 of the Revised IRR;
and three photocopies of every sheet thereof.

5.2.4.Payment for the following:

a. Php 360.00 for one (1) multiple dependencies found in claim 3

b. Php 1,200.00 for the Issuance fee
c. PhP 960.00 for Second Publication Fee
d. PhP 25.20 for 1% Legal Research fund Fee

For a total of PhP 2,545.20.

REMINDERS

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 In making the copies, it is the responsibility of the applicant to correct any minor errors which may appear in
the abstract, description, claims and drawings.

 Applicant is reminded that the 7th year annuity shall be due and payable on 5 December 2019. Payment may
be made within three (3) months before the due date (Rule 1100 of the Revised IRR on Inventions) and/or a
grace period of six (6) months from the due date shall be granted from the publication date of the Noticeof
Non-Payment in the IPO Gazette. Hence, applicant is required to pay the 7th year annuity fee plus three (3)
excess claims. If any annual fee is not paid within the prescribed time, the application shall be deemed
forfeited (Rule 1102 of the Revised IRR on Inventions). If payment has been made, please submit proof of
payment.

 Applicant is reminded in future communications with this Office (if any) that the response with amendments to
the claims must include a mark-up sheet along with the clean copy of the claims, where the exact words
stricken out or inserted in the application must be specified, while indicating the bases for the proposed
amendment (document no., line no., page no.) as per Rule 921 of the Revised IRR.

 Applicant’s response must be filed within two (2) months from the mailing date of this communication and must
be in full compliance to the above requirements. Otherwise, this application will be declared withdrawn (Rule
928(a) of the Revised IRR on Inventions).

 Prosecution of an application to save it from withdrawal shall include such complete and proper action as the
condition of the case may require. Any amendment or applicant’s response not responsive to this official action
shall not operate to save the application from being deemed withdrawn. (Rule 928(c) of the Revised IRR on
Inventions).
 All responses or communications must be addressed only to: THE DIRECTOR OF PATENTS, Intellectual
Property Office of the Philippines, 14th Flr ., Intellectual Property Center, 28 Upper McKinley Rd., McKinley Hill
Town Center, Fort Bonifacio, Taguig City, 1634 Philippines. Applicant(s)name, Application number, Filing date,
Title, Division and Name of Examiner-in-Charge should also be indicated.

 Any inquiry concerning this communication or earlier communications from the examiner should be directed to
EARL CLARENCE B. GADIN whose office number is (02)-2386300 local 3603. The examiner can normally
be reached on Monday to Friday, 9:00 am to 4:00 pm by phone or in person in the above stated address. If
attempts to reach the examiner are unsuccessful, the examiner’s supervisor MELANIE G. BINAUHAN can be
reached on the same office number and address

Melanie G. Binauhan (EBG)

Officer-in-Charge, CHTED

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