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 .
Response to Amendment
Applicant’s amendment filed 08/25/2025 has been entered. Claims 1-3, 5-10, 12-16 remain pending. Applicant’s amendment to Claims 5 and 12 and cancellation of Claim 11 overcome the objections to the claims
Response to Arguments
Applicant's arguments, see Pages 8-10, filed 08/25/2025 with respect to the 35 U.S.C. 102 rejection of Claims 1, 3, 6-8, 10, 13-14 and the 35 U.S.C. 103 rejection of Claims 2, 5, 9, and 12 have been fully considered but they are not persuasive. Applicant argues that Cella fails to disclose or suggest the limitation of one or more smart sensors, comprising at least one sensing device and on board calibration circuitry; a controller coupled to the one or more smart sensors, the controller configured to: activate the on board calibration circuitry on a schedule to send one or more set points in the form of a calibration signal to the at least one sensing device; wherein, in response to the calibration signal, the sensing device operates to output one or more known signals to the smart sensor, which along with the setpoints, are conveyed by the controller to a web service.
Examiner respectfully disagrees. Previously disclosed prior art Cella (US20180284755) teaches in [0429] that the DAQ instrument is integrated with the smart sensors, and in [0242] that data acquisition devices that calibration coefficients are stored in flash memory along with calibration tables. Cella teaches in [0017] that the data acquisition units each have onboard card sets configured to store calibration information and maintenance history. Thus, under broadest reasonable interpretation Cella teaches that the sensing device is incorporated with on board calibration circuitry. Cella teaches in [1522] the system is recalibrated during operations of the system and in response to updated information. Thus Cella teaches the scheduling of recalibration on updated information and the above claimed limitation in [0242], [0320], and [1522].
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 6-8, 10, and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cella (US20180284755).
In regards to Claims 1 and 8, Cella teaches “one or more smart sensors, comprising at least one sensing device and on board calibration circuitry (data collection system uses smart MEMS sensors – [0313]; DAQ instrument integrated with smart sensors – [0429]; calibration coefficients are stored in flash memory which will remember this data and any other significant data permanently and includes calibration tables – [0242]);
a controller coupled to the one or more smart sensors (data acquisition instrument [DAQ] includes controller – [0409]; DAQ instrument integrated with analog sensors and endpoint nodes to provide stream sensors or smart sensors – [0429]; controller to configure resources of the data collection system to facilitate delivery of the ultrasonic data over one or more signal lines from the sensors at least to data collectors – [0569]; controller 9220 connected to sensors 9224 - Figure 86),
the controller configured to:
activate the one board calibration circuitry on a schedule to send one or more set points in the form of a calibration signal to the at least one sensing device (calibration and other data related to data acquisition devices, including calibration coefficients, nameplate information such as serial numbers of individual components, firmware or software version numbers, maintenance history, and the calibration tables – [0242]; data collection system takes input from analytic system which operate on data from the data collection system and data from other input sources to provide analytic results, which in turn provided as learning feedback input to the data collection system to assist in configuration and operation of the data collection system – [0320]; expert system determines if improved parameters are available to be used in re-calibration and/or added during operations of the expert system, including in response to updated information learned by the system, provided by a user or operator, provided by the machine learning algorithm, information from external data and/or from offset systems – [1522]);
wherein, in response to the calibration signal, the sensing device operates to output one or more known signals to the smart sensor which (sensor data storage implementation circuit further structured to store calibration data for the input sensors and the data response circuit is configured to calibrate the input sensors in response to the data quality parameter and the stored calibration data – [0006]), along with the setpoints, are conveyed by the controller to a web service (cloud data management service system – [0439]; the movement, distribution, storage, and retrieval of data remote to the DAQ instrument is coordinated by the cloud data management services – [0414]; DAQ instrument accesses and has capability for editing, viewing, analyzing, and communication to external devices with the cloud data management services – [0415]);
the controller including:
one or more modular decoders having a processor and a memory storing computer readable program code (Controller 9220 includes data acquisition circuit 9222, signal evaluation circuit 9208 [i.e. processor], data storage 9216 [i.e. memory], – [0782], Figure 86; The data acquisition circuit, signal evaluation circuit, data storage is the modular decoder as it includes the structural requirements, [i.e. processor and memory], and the functional requirements, [i.e. communication, signal processing, signal conversion]), that when executed by the processor, causes the modular decoder to:
configure communication and data retrieval between the one or more smart sensors and the controller (external sensors 8126 directly connected to the input ports 8128 on the data acquisition circuit 8104 and can include wireless communication circuit 8130, i.e. communication and data retrieval between smart sensors and the controller – [0612], Figure 53);
perform signal processing on data retrieved from the one or more smart sensors specific to the sensing capabilities of the one or more smart sensors (signal evaluation circuit processes the detection values and performs transform and other digital or analog signal analysis – [0752]; signal evaluation circuit includes phase detection circuit, phase lock loop circuit, bandpass filter circuit, peak detection circuit – [0758]);
convert the signal processed data to a fixed bit format (24-bit, i.e. fixed bit format, DAQ – [0219]; signals from the sensors fed into the inputs of the DAQ instrument and configured with additional streaming capabilities, output signals from the sensors are conditioned with respect to scaling and filtering, i.e. signal processed, and with the signals digitized, i.e. converted, by an analog-to-digital converter – [0407]; streaming data collector configured with one or more automatic processors, algorithms, and/or other data methodologies to match up information captured by the one or more legacy instruments using filtering and other functions – [0387]-[0389]; sensors provide compatible data to the legacy data collector via format conversion – [0390]; data acquisition circuit includes analog-to-digital converter circuits, i.e. converting data to the fixed bit format – [0703]); and
convey the fixed bit data to the controller (controller includes the data acquisition circuit, signal evaluation circuit, data storage circuit, and communication circuit, where the communication circuit is for transmittal of data, i.e. fixed bit data – [0782]; As the controller includes the data acquisition circuit, signal evaluation circuit, and data storage circuit, the controller contains the fixed bit data because it is internal to the controller and not external to the controller).”
In regards to Claims 3 and 10, Cella discloses the claimed invention as detailed above. Cella further teaches “wherein the fixed bit format is a 24 bit format (24-bit, i.e. fixed bit format, DAQ – [0219]).”
In regards to Claims 6 and 13, Cella discloses the claimed invention as detailed above. Cella further teaches “wherein the web service comprises: a storage facility configured for storing data including one or more of a current calibration status, calibration schedules, calibration set points, sensing device known signal outputs, and calibration correction factors for the one or more smart sensors (storage of calibration data and maintenance history with the calibration coefficients stored in flash memory and other significant information including name plate information such as serial numbers, firmware and software version numbers, maintenance history, and calibration tables – [0242]); and an alert facility programmed to send electronic communication alerts related to the stored data (cloud data management service system provides data storage and services including alarm module that generates messages to devices – [0439].”
In regards to Claims 7 and 14, Cella discloses the claimed invention as detailed above. Cella further teaches “wherein the electronic communication alerts include one or more of emails, short message service, multimedia service, or text messages (alarms from the module generated and sent to various devices via email, texts, or other messaging mechanisms – [0439]) .”
In regards to Claims 15 and 16, Cella teaches the claimed invention as detailed above. Cella further teaches “wherein the controller is configured to:
enable each smart sensor (response circuit cause the data acquisition circuit to enable or disable the processing of detection values corresponding to certain sensors, which includes switching to sensors, i.e. enabling – [0845]);
poll each smart sensor and retrieve characteristics of data channels returned by the at least one sensing device including sensing technology and sensor type and conditioning information for converting outputs of the data channels to a fixed bit format (24 bit DAQ – [0430]; “In embodiments, one or more programmable logic components in an industrial environment may be programmed to perform smart-band signal analysis and testing. Results of such analysis and testing may include triggering smart band data collection actions [i.e. characteristics of data channels], that may include reconfiguring one or more data routing resources in the industrial environment. A programmable logic component may be configured to perform a portion of smart band analysis, such as collection and validation of signal activity from one or more sensors that may be local to the programmable logic component. Smart band signal analysis results from a plurality of programmable logic components may be further processed by other programmable logic components, servers, machine learning systems, and the like to determine compliance with a smart band” – [0490]; “In embodiments, a system for data collection in an industrial environment that supports smart band data collection templates may be configured with data processing capability at a point of sensing of one or more conditions that may trigger a smart bands data collection template data collection activity, such as: by use of an intelligent sensor that may include data processing capabilities; by use of a programmable logic component that interfaces with a sensor and processes data from the sensor; by use of a computer processor, such as a microprocessor and the like disposed proximal to the sensor; and the like. [i.e. sensing technology and sensor type] In embodiments, processing of data collected from one or more sensors for detecting a smart bands template data collection activity may be performed by remote processors, servers, and the like that may have access to data from a plurality of sensors, sensor modules, industrial machines, industrial environments, and the like” – [0520]; “An example method for data collection in an industrial environment comprising includes an operation to collect data from sensor(s) configured to sense a condition of an industrial machine in the environment; an operation to check the collected data against a set of criteria that define an acceptable range of the condition; and in response to the collected data violating the acceptable range of the condition, an operation to collect data from a smart-band group of sensors associated with the sensed condition based on a smart-band collection protocol configured as a smart band data collection template. In certain further embodiments, a method includes where violating the acceptable range of the condition includes a trend of the data from the sensor(s) approaching a maximum value of the acceptable range; where the smart-band group of sensors is defined by the smart band data collection template; where the smart band data collection template includes a list of sensors to activate, data from the sensors to collect, duration of collection of data from the sensors, and/or a destination location for storing the collected data; where collecting data from a smart-band group of sensors includes configuring at least one data routing resource of the industrial environment that facilitates routing data from the smart band group of sensors to a plurality of data collectors; and/or where the set of criteria includes a range of trend values derived by processing the data from sensor(s)” – [0531]); and
when the one or more smart sensors further comprise a microcontroller (sensor controller – [0430]), the microcontroller is configured to:
retrieve the characteristics of the data channels and the conditioning information from the external memory returned by the at least one sensing device including sensing technology and sensor type (“In embodiments, one or more programmable logic components in an industrial environment may be programmed to perform smart-band signal analysis and testing. Results of such analysis and testing may include triggering smart band data collection actions [i.e. characteristics of data channels], that may include reconfiguring one or more data routing resources in the industrial environment. A programmable logic component may be configured to perform a portion of smart band analysis, such as collection and validation of signal activity from one or more sensors that may be local to the programmable logic component. Smart band signal analysis results from a plurality of programmable logic components may be further processed by other programmable logic components, servers, machine learning systems, and the like to determine compliance with a smart band” – [0490]; “In embodiments, a system for data collection in an industrial environment that supports smart band data collection templates may be configured with data processing capability at a point of sensing of one or more conditions that may trigger a smart bands data collection template data collection activity, such as: by use of an intelligent sensor that may include data processing capabilities; by use of a programmable logic component that interfaces with a sensor and processes data from the sensor; by use of a computer processor, such as a microprocessor and the like disposed proximal to the sensor; and the like. [i.e. sensing technology and sensor type] In embodiments, processing of data collected from one or more sensors for detecting a smart bands template data collection activity may be performed by remote processors, servers, and the like that may have access to data from a plurality of sensors, sensor modules, industrial machines, industrial environments, and the like” – [0520]; “In embodiments, a system for data collection in an industrial environment may include a data collection system that monitors at least one signal for compliance to a set of collection band conditions and upon detection of a lack of compliance, configures the collection of data from a predetermined set of sensors associated with the monitored signal. Upon detection of a lack of compliance, a collection band template associated with the monitored signal may be accessed, and resources identified in the template may be configured to perform the data collection. In embodiments, the template may identify sensors to activate, data from the sensors to collect, duration of collection or quantity of data to be collected, destination (e.g., memory structure) to store the collected data, and the like. In embodiments, a smart band method for data collection in an industrial environment may include periodic collection of data from one or more sensors configured to sense a condition of an industrial machine in the environment. The collected data may be checked against a set of criteria that define an acceptable range of the condition. Upon validation that the collected data is either approaching one end of the acceptable limit or is beyond the acceptable range of the condition, data collection may commence from a smart-band group of sensors associated with the sensed condition based on a smart-band collection protocol configured as a data collection template. In embodiments, an acceptable range of the condition is based on a history of applied analytics of the condition. In embodiments, upon validation of the acceptable range being exceeded, data storage resources of a module in which the sensed condition is detected may be configured to facilitate capturing data from the smart band group of sensors.” – [0523]);
convert outputs from the sensing device data channels to the fixed bit format (24-bit, i.e. fixed bit format, DAQ – [0219]; signals from the sensors fed into the inputs of the DAQ instrument and configured with additional streaming capabilities, output signals from the sensors are conditioned with respect to scaling and filtering, i.e. signal processed, and with the signals digitized, i.e. converted, by an analog-to-digital converter – [0407]; streaming data collector configured with one or more automatic processors, algorithms, and/or other data methodologies to match up information captured by the one or more legacy instruments using filtering and other functions – [0387]-[0389]; sensors provide compatible data to the legacy data collector via format conversion – [0390]; data acquisition circuit includes analog-to-digital converter circuits, i.e. converting data to the fixed bit format – [0703]); and
transit the fixed bit format data to the controller (controller includes the data acquisition circuit, signal evaluation circuit, data storage circuit, and communication circuit, where the communication circuit is for transmittal of data, i.e. fixed bit data – [0782]; As the controller includes the data acquisition circuit, signal evaluation circuit, and data storage circuit, the controller contains the fixed bit data because it is internal to the controller and not external to the controller);
when the one or more smart sensors further comprise a microcontroller and a signal processor (DAQ instrument integrated with sensors to provide smart sensors – [0429]; sensor controller – [0430]; analog crosspoint switch includes signal processor – [0466]), the microcontroller is configured to:
retrieve the characteristics of the data channels and the conditioning information from the external memory returned by the at least one sensing device including sensing technology and sensor type (“In embodiments, one or more programmable logic components in an industrial environment may be programmed to perform smart-band signal analysis and testing. Results of such analysis and testing may include triggering smart band data collection actions [i.e. characteristics of data channels], that may include reconfiguring one or more data routing resources in the industrial environment. A programmable logic component may be configured to perform a portion of smart band analysis, such as collection and validation of signal activity from one or more sensors that may be local to the programmable logic component. Smart band signal analysis results from a plurality of programmable logic components may be further processed by other programmable logic components, servers, machine learning systems, and the like to determine compliance with a smart band” – [0490]; “In embodiments, a system for data collection in an industrial environment that supports smart band data collection templates may be configured with data processing capability at a point of sensing of one or more conditions that may trigger a smart bands data collection template data collection activity, such as: by use of an intelligent sensor that may include data processing capabilities; by use of a programmable logic component that interfaces with a sensor and processes data from the sensor; by use of a computer processor, such as a microprocessor and the like disposed proximal to the sensor; and the like. [i.e. sensing technology and sensor type] In embodiments, processing of data collected from one or more sensors for detecting a smart bands template data collection activity may be performed by remote processors, servers, and the like that may have access to data from a plurality of sensors, sensor modules, industrial machines, industrial environments, and the like” – [0520]; “In embodiments, a system for data collection in an industrial environment may include a data collection system that monitors at least one signal for compliance to a set of collection band conditions and upon detection of a lack of compliance, configures the collection of data from a predetermined set of sensors associated with the monitored signal. Upon detection of a lack of compliance, a collection band template associated with the monitored signal may be accessed, and resources identified in the template may be configured to perform the data collection. In embodiments, the template may identify sensors to activate, data from the sensors to collect, duration of collection or quantity of data to be collected, destination (e.g., memory structure) to store the collected data, and the like. In embodiments, a smart band method for data collection in an industrial environment may include periodic collection of data from one or more sensors configured to sense a condition of an industrial machine in the environment. The collected data may be checked against a set of criteria that define an acceptable range of the condition. Upon validation that the collected data is either approaching one end of the acceptable limit or is beyond the acceptable range of the condition, data collection may commence from a smart-band group of sensors associated with the sensed condition based on a smart-band collection protocol configured as a data collection template. In embodiments, an acceptable range of the condition is based on a history of applied analytics of the condition. In embodiments, upon validation of the acceptable range being exceeded, data storage resources of a module in which the sensed condition is detected may be configured to facilitate capturing data from the smart band group of sensors.” – [0523]);
convert outputs from the signal processor to the fixed bit format (24-bit, i.e. fixed bit format, DAQ – [0219]; signals from the sensors fed into the inputs of the DAQ instrument and configured with additional streaming capabilities, output signals from the sensors are conditioned with respect to scaling and filtering, i.e. signal processed, and with the signals digitized, i.e. converted, by an analog-to-digital converter – [0407]; streaming data collector configured with one or more automatic processors, algorithms, and/or other data methodologies to match up information captured by the one or more legacy instruments using filtering and other functions – [0387]-[0389]; sensors provide compatible data to the legacy data collector via format conversion – [0390]; data acquisition circuit includes analog-to-digital converter circuits, i.e. converting data to the fixed bit format – [0703]); and
transit the fixed bit format data to the controller (controller includes the data acquisition circuit, signal evaluation circuit, data storage circuit, and communication circuit, where the communication circuit is for transmittal of data, i.e. fixed bit data – [0782]; As the controller includes the data acquisition circuit, signal evaluation circuit, and data storage circuit, the controller contains the fixed bit data because it is internal to the controller and not external to the controller).”
Claim Rejections - 35 USC § 103
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.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of Lee (KR2014141327A).
In regards to Claims 2 and 9, Cella discloses the claimed invention as detailed in Claims 1 and 8. Cella is silent with regards to the language of “wherein the signal processing includes one or more of averaging and median-filtering, calculating time weighted average values, calculating 15-minute short term exposure limit values, calculating dewpoint, and using absolute humidity, wet bulb, specific humidity and humidity ratio to calculate %RH and temperature measurements.”
Lee teaches “wherein the signal processing includes one or more of averaging and median-filtering, calculating time weighted average values, calculating 15-minute short term exposure limit values, calculating dewpoint, and using absolute humidity, wet bulb, specific humidity and humidity ratio to calculate %RH and temperature measurements (system has multi-block filter including moving average filter, median filter – [0029]; multiblock filter is executed by controller – [0032]).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cella to incorporate the teaching of Lee to use a multiblock filter with the controller to use average and median filters. By using average and median filters this is an improvement to the reliability and efficiency of the data from the sensors along with reducing the physical errors from noise.
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of Cho (KR2021023455A).
In regards to Claims 5 and 12, Cella discloses the claimed invention as detailed above in Claims 4 and 11. Cella further teaches “wherein the web service is configured to: convey the calibration correction factors to the microcontroller for calibrating the sensing device (data response circuit is configured to calibrate the at least one of the plurality of input sensors in response to the data quality parameter and the stored calibration data – [0006]; data acquisition devices rely on interfacing to a computer, i.e. microcontroller, to function store their calibration coefficients and the computer may poll for this information at any time, i.e. conveying to microcontroller – [0242]).”
Cella is silent with regards to the language of “calculate calibration correction factors based on differences between the one or more known signals and the set points.”
Cho teaches “calculate calibration correction factors based on differences between the one or more known signals and the set points (correction unit corrects the temperature and humidity value of the environment sensor using the measured sensing value, the difference value between the reference temperature/humidity, i.e. set points, and the current temperature/humidity, i.e. known signals – [0011]).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cella to incorporate the teaching of Cho to use correction unit to correct for the environment sensor by using the difference between reference and current values. By performing correction on the environmental sensor this is an improvement to the measurement accuracy of the environment sensor and a reduction in errors in the operation of the environment sensor.
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 YOSSEF KORANG-BEHESHTI whose telephone number is (571)272-3291. The examiner can normally be reached Monday - Friday 10:00 am - 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOSSEF KORANG-BEHESHTI/Examiner, Art Unit 2863
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2863