DETAILED ACTION
Non- Final Rejection
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/15/2026 has been entered. .
Response to Amendment
Applicant’s amendments, filed 06/15/2026 to claims are accepted. In this amendment, claims 1 and 8 have been amended
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 1-26 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims 1-26 falls within one of the four statutory categories. See MPEP § 2106.03. For example, each of claims 1-26 fall within category of process.
Regarding Claims 1-26
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of filtering an input signal.
The abstract idea is set forth or described by the following italicized limitations:
A method for signal processing, comprising filtering an input signal from a system by a closing process and an opening process to generate a first smoothed signal,
generating a series of morphology event labels representing system down events or up events based on the first smoothed signal wherein,
and determining one or more downtime intervals by using the first smoothed signal and the morphology event labels, wherein;
the closing process comprises a first dilation process followed by a first erosion process; and
the opening process comprises a second erosion process followed by a second dilation process,
the series of morphology event labels indicating the positions of sharp downward steps and sharp upward steps of the first smoothed signal, and
each of the downtime intervals indicates the interval when the system does not operate normally.
The italicized limitations above represent a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “ A method for signal processing, comprising filtering an input signal from a system [..]; generating a series of morphology event labels [..]; the closing process[..];the opening process[..];the series of morphology event labels indicating the positions [..]; determining one or more downtime intervals[..]each of the downtime intervals indicates the interval when the system does not operate normally[..] ” are mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea), see [0018]-[0037], [0063]-[0079] of current application PgPuband 2106.04(a)(2). Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)).
Step 2A – Prong 2
Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
.
Dependent Claims 2-26
Dependent claims 2-26 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-26 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For example, the limitations of Claims 2-26 are mathematical steps, see [0063]-[0079].The limitation are describes as:
Claim 2: each of the first dilation process and the second dilation process is performed by: for each data point of the input signal, outputting its local maximum within a normal dilation window; and wherein each of the first erosion process and the second erosion process is performed by: for each data point of the input signal, outputting its local minimum within a normal erosion window.
Claim 3: the position of each outputted local maximum is at the center of the corresponding normal dilation window.
Claim 4: the position of each outputted local minimum is at the center of the corresponding normal erosion window.
Claim 5: generating, by a moving average filter, a second smoothed signal, wherein each data point of the second smoothed signal is generated by: for each data point of the first smoothed signal, calculating the average value of all local data points within an averaging window, and outputting the averaging result.
Claim 6:the position of each outputted averaging result is at the center of the corresponding averaging window.
Claim 7: generating, by an average event generator, a series of average event labels representing system down events or up events based on the second smoothed signal, wherein the series of average event labels indicating the positions where the second smoothed signal crosses an average threshold value.
Claim 8:the one or more downtime intervals are determined based on the morphology event labels and the average event labels.
Claim 9 the morphology event labels comprise a series of morphology down labels indicating the positions of sharp downward steps of the first smoothed signal, and a series of morphology up labels indicating the positions of sharp upward steps of the first smoothed signal; and the average event labels comprise a series of average down labels indicating the positions where the second smoothed signal crosses the average threshold value from above to below, and a series of average up labels indicating the positions where the second smoothed signal crosses the average threshold value from below to above.
Claim 10: the positions of sharp downward steps are identified by:
performing a bias dilation process to the first smoothed signal to generate a bias dilated signal; subtracting each data point of the first smoothed signal from the corresponding data point of the bias dilated signal to obtain a first spike signal representing the positions of downward steps; and finding the positions where the value of the first spike signal is equal to or above a down-spike threshold value.
Claim 11: the bias dilation process is performed by: for each data point of the first smoothed signal, outputting its local maximum within a bias dilation window, wherein the position of each outputted local maximum is at the last position of the corresponding bias dilation window.
Claim 12: the bias dilation window is smaller than half of the normal dilation window.
Claim 13: the positions of sharp upward steps are identified by: performing a bias erosion process to the first smoothed signal to generate a bias eroded signal; subtracting each data point of the bias eroded signal from the corresponding data point of the first smoothed signal to obtain a second spike signal representing the position of upward steps; and finding the positions where the value of the second spike signal is equal to or above an up-spike threshold value.
Claim 14: the bias erosion process is performed by: for each data point of the first smoothed signal, outputting its local minimum within a bias erosion window, wherein the position of each outputted local minimum is at the last position of the corresponding bias erosion window.
Claim 15: the bias erosion window is smaller than half of the normal erosion window.
Claim 16: the series of average up labels further comprise a series of artificial up labels indicating the second smoothed signal goes above the average threshold value following a morphology down label.
Claim 17: each of the artificial up labels is generated when a morphology down label is identified but all values of the second smoothed signal within a predetermined range from which the morphology down label is identified are above the average threshold value.
Claim 18: the predetermined range is the same as the averaging window.
Claim 19: determining, by a downtime detector, a downtime interval based on the morphology event labels and the average event labels, wherein the downtime interval indicates the interval when the system does not operate normally.
Claim 20: the downtime interval is determined by a state machine with multiple states with the steps of: integrating the morphology event labels and the average event labels into the same index based on their corresponding positions; determining the state of the first position in region of interest; determining the state of each position from the second position to the last position in region of interest based on the state of its previous position and the existence of a morphology event label or an average event label at that position; and determining the downtime interval based on the states of all positions in the region of interest.
Claim 21: if a morphology event label and an average event label are present at the same position when integrating the series of morphology event labels and the series of average event labels, only the average event label at the position is entered.
Claim 22: the states in the state machine comprise Up state, Metastable Down state and Deep Down state; the state of the first position is set to Up state; and the state of the remaining position are determined by the following rules: if nomorphology event label or average event label is identified at that position, the state of the position is the same as the previous position;
if an average up label is identified at that position, the state of the position is Up state;
if an average down label is identified at that position, the state of the position is Deep Down state;
if the previous position is Up state or Metastable Down state, and a morphology up label is identified at that position, the state of the position is Up state;
if the previous position is Up state or Metastable Down state, and a morphology down label is identified at that position, the state of the position is Metastable Down state; and
if the previous position is Deep Down state and a morphology up label or a morphology down label is identified at that position, the state of the position is Deep Down state.
Claim 23: the downtime interval is determined by: identifying the positions determined as Metastable Down state or Deep Down state where the previous state is Up state as the starting points of downtime;
identifying the positions determined as Up state where the previous state is Metastable Down state or Deep Down state as the ending points of downtime; and
pairing all staring points of downtime with their following ending points of downtime to identify all downtime intervals.
Claim 24: calculating the length of each downtime interval.
Claim 25: summing up the
length of all downtime intervals to determine a total downtime of the system within a region of interest.
Claim 26: the interval of downtime determination is smaller than the interval of state determination.
Allowable Subject Matter
Three is no prior art rejection over claim 1, however there is 101 rejection. Closets prior arts fail to teach the limitations of claim 1, e.g. “ filtering an input signal from a system by a closing process and an opening process to generate a first smoothed signal, generating a series of morphology event labels representing system down events or up events based on the first smoothed signal wherein, and determining one or more downtime intervals by using the first smoothed signal and the morphology event labels”.
Response to Argument
Applicant’s arguments with respect 101 rejection, specially claim 1, the applicant did not agree with it., see pages 9-11.
The Applicant argus that amended limitation, specifically, “the present application provides an alternative approach to system downtime determination which solves the problem of high false-positive rate that presents in the prior art. In other words, the present application provides technical solutions to the above-mentioned technical problem. As acknowledged by the Examiner, the previously filed claim 1 is novel and nonobvious over prior art references. The currently amended claim t recites all limitations of the previously filed claim 1, and can be considered as a specific application of the novel method of previously filed claim 1 for downtime determination.”.
In response, the Examiner respectfully disagree because the limitation, “determining one or more downtime intervals by using the first smoothed signal and the morphology event labels, each of the downtime intervals indicates the interval when the system does not operate normally ”, represent a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea). see, [0064]-[0070]. As noted above, per MPEP 2106.05(f), claim limitations that attempt to cover any solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result, does not integrate a judicial exception into a practical application.
Furthermore, regarding novelty, The Supreme Court’s decisions make it clear that judicial exceptions need not be old or long-prevalent, and that even newly discovered or novel judicial exceptions are still exceptions. For example, the mathematical formula in Flook, the laws of nature in Mayo, and the isolated DNA in Myriad were all novel or newly discovered, but nonetheless were considered by the Supreme Court to be judicial exceptions because they were "‘basic tools of scientific and technological work’ that lie beyond the domain of patent protection." Myriad, 569 U.S. 576, 589, 106 USPQ2d at 1976, 1978 (noting that Myriad discovered the BRCA1 and BRCA1 genes and quoting Mayo, 566 U.S. 71, 101 USPQ2d at 1965); Flook, 437 U.S. at 591-92, 198 USPQ2d at 198 ("the novelty of the mathematical algorithm is not a determining factor at all"); Mayo, 566 U.S. 73-74, 78, 101 USPQ2d 1966, 1968 (noting that the claims embody the researcher's discoveries of laws of nature). The Supreme Court’s cited rationale for considering even "just discovered" judicial exceptions as exceptions stems from the concern that "without this exception, there would be considerable danger that the grant of patents would ‘tie up’ the use of such tools and thereby ‘inhibit future innovation premised upon them.’" Myriad, 569 U.S. at 589, 106 USPQ2d at 1978-79 (quoting Mayo, 566 U.S. at 86, 101 USPQ2d at 1971). See also Myriad, 569 U.S. at 591, 106 USPQ2d at 1979 ("Groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry."). The Federal Circuit has also applied this principle, for example, when holding a concept of using advertising as an exchange or currency to be an abstract idea, despite the patentee’s arguments that the concept was "new". Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 714-15, 112 USPQ2d 1750, 1753-54 (Fed. Cir. 2014). Cf. Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1151, 120 USPQ2d 1473, 1483 (Fed. Cir. 2016) ("a new abstract idea is still an abstract idea". As such 101 rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) Mao et al. (US 2021/0365707) disclose a morphology engine 414 can perform morphology functions to filter the foreground pixels. The morphology functions can include erosion and dilation functions. In one example, an erosion function can be applied, followed by a series of one or more dilation functions. An erosion function can be applied to remove pixels on object boundaries. For example, the morphology engine 414 can apply an erosion function (e.g., FilterErode3×3) to a 3×3 filter window of a center pixel, which is currently being processed. The 3×3 window can be applied to each foreground pixel (as the center pixel) in the foreground mask. One of ordinary skill in the art will appreciate that other window sizes can be used other than a 3×3 window. The erosion function can include an erosion operation that sets a current foreground pixel in the foreground mask (acting as the center pixel) to a background pixel if one or more of its neighboring pixels within the 3×3 window are background pixels. Such an erosion operation can be referred to as a strong erosion operation or a single-neighbor erosion operation. Here, the neighboring pixels of the current center pixel include the eight pixels in the 3×3 window, with the ninth pixel being the current center pixel.
b) Fisher et al. (US 2019/0043003) disclose Two inputs are given to the morphological operation. The first input is the bit mask and the second input is called a structuring element or kernel. Two basic morphological operations are “erosion” and “dilation”. A kernel consists of is arranged in a rectangular matrix in a variety of sizes. Kernels of different shapes (for example, circular, elliptical or cross-shaped) are created by adding 0's at specific locations in the matrix. Kernels of different shapes are used in image morphology operations to achieve desired results in cleaning bit masks. In erosion operation, a kernel slides (or moves) over the bit mask. A pixel (either 1 or 0) in the bit mask is considered 1 if all the pixels under the kernel are 1s. Otherwise, it is eroded (changed to 0). Erosion operation is useful in removing isolated is in the bit mask. However, erosion also shrinks the clusters of is by eroding the edges.
c) Dem. (US 2010/0054595) disclose filter 806 may use mathematical morphology techniques to filter an image, which will be known to persons skilled in the image processing arts. For instance, FIG. 10 shows a block diagram of image filter 806, according to an example embodiment. As shown in FIG. 10, image filter 806 includes a first erosion module 1002, a first dilation module 1004, a second dilation module 1006, and a second erosion module 1008. First and second erosion modules 1002 and 1008 may be configured to perform an erosion function according to any window size, and first and second dilation modules 1004 and 1006 may be configured to perform a dilation function according to any window/operator size. For instance, a window size of 3 by 3 pixels may be used for both of the erosion and dilation functions. Erosion and dilation functions are known to persons skilled in the relevant art(s).
d) Chen et al. (US 2018/0285647) disclose sing the foreground mask generated from background subtraction, a morphology engine 314 can perform morphology functions to filter the foreground pixels. The morphology functions can include erosion and dilation functions. In one example, an erosion function can be applied, followed by a series of one or more dilation functions. An erosion function can be applied to remove pixels on object boundaries. For example, the morphology engine 314 can apply an erosion function (e.g., FilterErode3×3) to a 3×3 filter window of a center pixel, which is currently being processed. The 3×3 window can be applied to each foreground pixel (as the center pixel) in the foreground mask. One of ordinary skill in the art will appreciate that other window sizes can be used other than a 3×3 window. The erosion function can include an erosion erosion operation that sets a current foreground pixel in the foreground mask (acting as the center pixel) to a background pixel if one or more of its neighboring pixels within the 3×3 window are background pixels. Such an erosion operation can be referred to as a strong erosion operation or a single-neighbor erosion operation. Here, the neighboring pixels of the current center pixel include the eight pixels in the 3×3 window, with the ninth pixel being the current center pixel.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857
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