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 .
This is a non-final Office Action on the merits. Claims 1-7, 12-13, 24-25, 109 and 112-119 are currently pending and are addressed below.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10 August 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/10/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Argument
Applicant’s amendments and/or arguments with respect to the rejection of Claims 1-7, 12-13, 24-25, 109 and 112 under 35 USC 101 as set forth in the office action of 12 May 2026 have been considered and are NOT persuasive. Specifically, Applicant argues:
Claims 1-7, 12-13, 24-25, 109, and 112 were rejected under 35 U.S.C. § 101. Applicant respectfully traverses this rejection.
The Office Action at page 5 rejects the claims under 35 U.S.C. § 101 because "the claimed invention is directed to an abstract idea without significantly more." Applicant respectfully disagrees with this analysis. Claim 1 as currently amended is directed towards a filter monitoring system and requires the following limitations:
a filter sensor device comprising: an upstream pressure sensor positioned upstream of a filter; and a downstream pressure sensor positioned downstream of the filter; wherein the filter sensor device is configured to generate data reflecting a filter condition value of the filter, the filter condition value comprising a pressure drop across the filter measured with the upstream pressure sensor and the downstream pressure sensor; a geolocation circuit, wherein the geolocation circuit is configured to determine a present geolocation of a vehicle; and a system control circuit; wherein the system control circuit is configured to generate or receive local contaminant concentration values at the present
geolocation; evaluate the filter sensor device data to determine at least one of the filter condition value and a change in the filter condition value; and generate at least one of a maintenance recommendation or a routing recommendation based on the local contaminant concentration values, time spent at the geolocation of the vehicle, duty cycle of the vehicle, and at least one of the filter condition value and a change in the filter condition value; and generate a loading curve for the filter by recording the pressure drop across the filter over time; identify a type of contaminant based on the loading curve of the filter and at least one of a type of the vehicle and an operational state of the vehicle.
Rather than being directed towards an abstract idea, claim 1 is directed towards a filter monitoring system that performs a specific function. As detailed by the published application in paragraph [0125], it is important to monitor the condition of filters so that they can be replaced as needed. However, as detailed by the published application at paragraph [0127], the dynamic nature of vehicle systems makes it difficult to monitor filter conditions:
However, the concentrations and types of contaminants are not uniformly dispersed across large geospatial areas. Rather, local concentrations and types of contaminants can vary substantially based on the weather, drought conditions, wind currents, events such as forest fires, proximity to anthropic activities such as road construction work, and the like. This can make it difficult to accurately account for concentrations of contaminants across a large potential vehicle travel zone, particularly in the context of vehicles that may travel hundreds or thousands of miles as part of a route...
As detailed by the published application at paragraph [0127], the claimed subject matter improves on existing technology by providing a filter monitoring system configured to monitor filter condition as a function of geolocation:
However, in accordance with embodiments herein, geospatial patterns of contaminants, such as airborne particulates, can be identified and accounted for allowing for more accurate estimates of filter service life and more accurate selection of appropriate filter types. In various embodiments, a filter monitoring system herein can include a filter sensor device configured to generate data reflecting a filter condition value of a filter. The filter monitoring system herein can also include a geolocation circuit configured to determine a present geolocation of a vehicle. The filter monitoring system can also include system control circuit configured to generate or receive local contaminant concentration values at the geolocation of the vehicle, evaluate the filter sensor device data to determine at least one of the filter condition value and a change in the filter condition value, and generate at least one of a maintenance recommendation and a routing recommendation.
Moreover, as detailed by the published application at paragraph [0153], the claimed filter monitoring system is configured to identify a type of contaminant based on a loading curve of the filter element and at least one of a type of the vehicle and an operational state of the vehicle:
In various embodiments, the type of vehicle and its operational state can be a source of information on expected contamination levels and types. For example, if it is known that a vehicle type is one associated with road construction and its operational state is consistent with active use, then it can be inferred that the expected contaminant levels and types will be characteristic of those found in road construction areas during active use of the vehicle. This information can be used to more accurately characterize both the concentrations and types of contaminants. In addition, this information can be used to establish expected loading curve values for individual vehicles herein, such that abnormal filter loading conditions can be more accurately identified. Information regarding the type of vehicle and its operational state can be sent on to a remote system so that the same can be utilized in updating the database and/or in assessing local contaminant concentrations and types by the system.
Finally, as agreed upon during the telephonic interview on June 16, 2026, the claims have been amended to overcome the 101 rejections by going into further detail on the use of loading curves to identify contaminants and including structural details on the filter monitoring system. In particular, claim 1 has been amended to require "an upstream pressure sensor positioned upstream of a filter" and "a downstream pressure sensor positioned downstream of the filter" and that the system is configured to "generate a loading curve for the filter by recording the pressure drop across the filter over time."
As such, Applicant respectfully asserts that claim 1 is directed towards a particular machine. For at least these reasons, the subject matter of claim 1 and its dependents are patent eligible under 35 U.S.C. § 101. Claim 24 has been amended to incorporate analogous limitations. For at least these reasons, the subject matter of claim 24 and its dependents are patent eligible under 35 U.S.C. § 101. For at least these reasons, Applicant respectfully requests that this rejection be withdrawn.
The Examiners Response:
Examiner has carefully considered Applicant’s amendments and arguments and respectfully disagrees. Regarding the claimed invention, the claims systems collect information from sensor devices and make determinations with the collected data, the claims do not make mention of the dynamic nature of vehicle systems making it difficult to monitor filter conditions or the improvement in the field of technology, it is the subject matter of the claims, not embodiments disclosed in the Specification, that we analyze. ChargePoint, Inc. v. SemaConnect, Inc., 920 F.3d 759, 769 (Fed. Cir. 2019) (“[A]ny reliance on the specification in the § 101 analysis must always yield to the claim language. . . . [T]he specification cannot be used to import details from the specification if those details are not claimed.”).
Furthermore, the inclusion of a computer/processor and well-known sensors does not integrate the abstract idea into a patent eligible invention, See Alice Corp. Pty. Ltd. v. CLS Bank Int'!, 573 U.S. at 223 ("[T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention."). The sensor device(s) and processor(s) are recited at a high level of generality and well known components in the field of vehicle and merely are used to collect/obtain information (data-gathering) and to automate the steps.
Finally, applicant argues that claim 1 is directed to a particular machine, however, it is noted that the inclusion of a sensor to collect data and a processor to perform the desired steps is not enough to integrate the claim into a judicial exception as the components are merely a tool to perform the abstract idea, see MPEP 2106.05(b) “It is important to note that a general purpose computer that applies a judicial exception, such as an abstract idea, by use of conventional computer functions does not qualify as a particular machine. Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 716-17, 112 USPQ2d 1750, 1755-56 (Fed. Cir. 2014). See also TLI Communications LLC v. AV Automotive LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept); Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, 785 F.3d 616, 623, 114 USPQ2d 1711, 1715 (Fed. Cir. 2015) (noting that Alappat’s rationale that an otherwise ineligible algorithm or software could be made patent-eligible by merely adding a generic computer to the claim was superseded by the Supreme Court’s Bilski and Alice Corp. decisions). If applicant amends a claim to add a generic computer or generic computer components and asserts that the claim recites significantly more because the generic computer is 'specially programmed' (as in Alappat, now considered superseded) or is a 'particular machine' (as in Bilski), the examiner should look at whether the added elements integrate the exception into a practical application or provide significantly more than the judicial exception. Merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 223-24, 110 USPQ2d 1976, 1983-84 (2014). See In re Alappat, 33 F.3d 1526, 1545, 31 USPQ2d 1545, 1558 (Fed. Cir. 1994); In re Bilski, 545 F.3d 943, 88 USPQ2d 1385 (Fed. Cir. 2008)” …. “Whether its involvement is extra-solution activity or a field-of-use, i.e., the extent to which (or how) the machine or apparatus imposes meaningful limits on the claim. Use of a machine that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not integrate a judicial exception or provide significantly more. See Bilski, 561 U.S. at 610, 95 USPQ2d at 1009 (citing Parker v. Flook, 437 U.S. 584, 590, 198 USPQ 193, 197 (1978)), and CyberSource v. Retail Decisions, 654 F.3d 1366, 1370, 99 USPQ2d 1690 (Fed. Cir. 2011) (citations omitted) ("[N]othing in claim 3 requires an infringer to use the Internet to obtain that data. The Internet is merely described as the source of the data. We have held that mere ‘[data-gathering] step[s] cannot make an otherwise nonstatutory claim statutory.’" 654 F.3d at 1375, 99 USPQ2d at 1694 (citation omitted)). See MPEP § 2106.05(g) & (h) for more information on insignificant extra-solution activity and field of use, respectively.” As such, even in combination, these additional elements, under broadest reasonable interpretation, do not integrate the abstract idea into practical application because they do not impose any meaningful limitations on practicing the abstract idea.
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 1-7, 12-13, 24-25, 109 and 112-119 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1
Claim 1 is directed to a system, and claim 24 is directed to a system. Therefore, claims 1 and 24 are within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 1 and 24 include limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection.
Claim 1 recites:
A filter monitoring system comprising:
a filter sensor device comprising:
an upstream pressure sensor positioned upstream of a filter;
and a downstream pressure sensor positioned downstream of the filter;
wherein the filter sensor device is configured to generate data reflecting a filter condition value of the filter, the filter condition value comprising a pressure drop across the filter measured with the upstream pressure sensor and the downstream pressure sensor; a geolocation circuit,
wherein the geolocation circuit is configured to determine a present geolocation of a vehicle;
and a system control circuit;
wherein the system control circuit is configured to generate or receive local contaminant concentration values at the present geolocation;
evaluate the filter sensor device data to determine at least one of the filter condition value and a change in the filter condition value;
and generate at least one of a maintenance recommendation or a routing recommendation based on the local contaminant concentration values, time spent at the geolocation of the vehicle, duty cycle of the vehicle, and at least one of the filter condition value and a change in the filter condition value;
generate a loading curve for the filter by recording the pressure drop across the filter over time;
and identify a type of contaminant based on the loading curve of the filter
Claim 24 recites:
A filter monitoring system comprising:
a filter sensor device, wherein the filter sensor device is configured to generate data reflecting a filter condition value of a filter, the filter sensor device comprising;
a contaminant sensor and/or a particulate sensor;
an upstream pressure sensor positioned upstream of the filter;
and a downstream pressure sensor positioned downstream of the filter;
wherein the filter condition value comprises a pressure drop across the filter measured with the upstream pressure sensor and the downstream pressure sensor;
a geolocation circuit, wherein the geolocation circuit is configured to determine a geolocation of a vehicle based on detection of wireless signals;
and a system control circuit;
wherein the system control circuit is configured to evaluate the filter sensor device data to determine at least one of the filter condition value and a change in the filter condition value;
receive data relating to filter loading conditions at a plurality of geolocations;
generate a loading curve for the filter by recording the pressure drop across the filter over time;
and generate a recommended vehicle route based on a starting geolocation, an ending geolocation, and the filter loading conditions at geolocations along possible routes between the starting geolocation and the ending geolocation, wherein the recommended vehicle route reflects the lowest estimated cost of vehicle operation based on parameters evaluated by the system, the estimated cost of vehicle operation comprising an estimated fuel price at refueling stations along the route and an estimated filtration cost.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, “generate…”, “evaluate…”, “determine … “ and “identify…” all the various data in the context of this claim encompasses a person looking at data collected (received, detected, senses, etc.) and forming a simple judgement (determination, analysis, comparison, etc.) either mentally or using a pen and paper. Accordingly, the claim recites at least one abstract idea. The Examiner notes that under MPEP 2106.04(a)(2)(III), the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same).
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”),
Claim 1 recites:
A filter monitoring system comprising:
a filter sensor device comprising:
an upstream pressure sensor positioned upstream of a filter;
and a downstream pressure sensor positioned downstream of the filter;
wherein the filter sensor device is configured to generate data reflecting a filter condition value of the filter, the filter condition value comprising a pressure drop across the filter measured with the upstream pressure sensor and the downstream pressure sensor; a geolocation circuit,
wherein the geolocation circuit is configured to determine a present geolocation of a vehicle;
and a system control circuit;
wherein the system control circuit is configured to generate or receive local contaminant concentration values at the present geolocation;
evaluate the filter sensor device data to determine at least one of the filter condition value and a change in the filter condition value;
and generate at least one of a maintenance recommendation or a routing recommendation based on the local contaminant concentration values, time spent at the geolocation of the vehicle, duty cycle of the vehicle, and at least one of the filter condition value and a change in the filter condition value;
generate a loading curve for the filter by recording the pressure drop across the filter over time;
and identify a type of contaminant based on the loading curve of the filter
Claim 24 recites:
A filter monitoring system comprising:
a filter sensor device, wherein the filter sensor device is configured to generate data reflecting a filter condition value of a filter, the filter sensor device comprising;
a contaminant sensor and/or a particulate sensor;
an upstream pressure sensor positioned upstream of the filter;
and a downstream pressure sensor positioned downstream of the filter;
wherein the filter condition value comprises a pressure drop across the filter measured with the upstream pressure sensor and the downstream pressure sensor;
a geolocation circuit, wherein the geolocation circuit is configured to determine a geolocation of a vehicle based on detection of wireless signals;
and a system control circuit;
wherein the system control circuit is configured to evaluate the filter sensor device data to determine at least one of the filter condition value and a change in the filter condition value;
receive data relating to filter loading conditions at a plurality of geolocations;
generate a loading curve for the filter by recording the pressure drop across the filter over time;
and generate a recommended vehicle route based on a starting geolocation, an ending geolocation, and the filter loading conditions at geolocations along possible routes between the starting geolocation and the ending geolocation, wherein the recommended vehicle route reflects the lowest estimated cost of vehicle operation based on parameters evaluated by the system, the estimated cost of vehicle operation comprising an estimated fuel price at refueling stations along the route and an estimated filtration cost.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations above, the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer (processor) to perform the process. In particular, the receiving step using sensor systems are recited at a high level of generality (i.e. as a general means of receiving information for use in the generate and other steps), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Lastly, claims 1 and 24 further recite “A filter monitoring system comprising:” and “a system control circuit; wherein the system control circuit is configured to” merely describes how to generally “apply” the otherwise mental judgements in a generic or general purpose vehicle control environment. See Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. at 223 (“[T]he mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”). The device(s) and processor(s) are recited at a high level of generality and merely automates the steps.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, as discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the steps amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations discussed above are insignificant extra-solution activities.
The additional limitations of receiving information and values/features detecting/detectable are well-understood, routine and conventional activities because the background recites that the sensors are all conventional sensors, and the specification does not provide any indication that the processor is anything other than a conventional computer. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner.
Dependent claims 2-7, 12-13, 25, 109 and 112-119 do not recite any further limitations that cause the claims to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or additional elements that do not integrate the judicial exception into a practical application. The dependent claims merely define terms or have additional steps such as “receiving”, “calculate”, “generate”, “identify” “normalize”, “optimize” and “associate”. Therefore, dependent claims 2-7, 12-13, 25, 109 and 112-119 are not patent eligible.
Therefore, claims 1-7, 12-13, 24-25, 109 and 112-119 are ineligible under 35 USC §101.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to MOISES GASCA ALVA JR whose telephone number is (571)272-3752. The examiner
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/MOISES GASCA ALVA/Examiner, Art Unit 3667
/FARIS S ALMATRAHI/Supervisory Patent Examiner, Art Unit 3667
