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 .
Preliminary Comments
Applicant’s amendments overcome the previously applied rejections under 35 U.S.C. 112(b). However, upon further consideration, it has been determined that the claims to not meet the statutory requirements under 35 U.S.C. 101, as set forth below. The Examiner apologizes that these rejections were not made in the original office action. Since these new rejections were not necessitated by Applicant’s amendments, the present office action is made Non-Final.
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 1-9, 12-13, and 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract process without significantly more.
Independent claim 1 recite(s) the abstract steps of
using said inputs to calculate and convert said actual pressure of said gas bottle of said door damper at ambient temperature to a pressure at a temperature of 20°C
Note that the recitation of a gas bottle of a door damper does not render the abstract process being integrated into a practical application, since that is simply directed to the type of abstract data being manipulated. The data is simply abstractly manipulated, but never applied in a practical manner that would constitute a practical application.
This judicial exception is not integrated into a practical application because the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the following reasons:
Performing calculations on a smart device
is a well-understood, routine element in the field, specified at a high level of generality (see MPEP 2106.05(d) for guidance).
receiving, from a non-compensated pressure gauge, a pressure input indicating an actual pressure of said gas bottle of said door damper at ambient temperature, receiving a temperature input indicating an actual temperature of said gas bottle of said door damper;
The use of a non-compensated pressure gauge to collect pressure data is generally old and common in the art (see for example the attached article “Uncompensated, unamplified, board-mount pressure sensors”) and thus constitutes insignificant pre-solution activity related to data gathering, the sensor simply being the generic element for collecting information for performing the abstract activity. (see MPEP 2106.05(g) for guidance).
outputting pressure information about the status of the gas bottle of said door damper based on said converted pressure at 20°C.
constitutes insignificant post-solution output and display activity based on the judicial exception (see MPEP 2106.05(g) for guidance).
As per claim 2, manual inputting information into a smart device is directed to further details of the pre-solution activity including basic sensing and input, and thus do not recite substantially more than the judicial exception (see MPEP 2106.05(g) for guidance). Note that the claim since is presented in Markush form using “or,” the details are of the second paragraph are not required, and thus do not render the claim statutory. Nevertheless, the use of a smartphone camera to capture a live image is generally old and common in the art. The remaining limitations of this second part of the claim are simply directed to further abstract manipulation, and thus also would not render the claim statutory.
As per claim 3, receiving ambient temperature using an external temperature sensor device is directed to further details of the pre-solution activity including basic sensing and input, and thus do not recite substantially more than the judicial exception (see MPEP 2106.05(g) for guidance).
Dependent claim 4, recites use of wired or wireless connections. Such connections are considered well-understood, routine element in the field, specified at a high level of generality (see MPEP 2106.05(d) for guidance).
As per claim 5, the use of a thermal camera to obtain ambient temperature is generally old and common in the art (see for example Micko et al. (WO 2019/231861 A1), page 35, lines 23-30; etc.), and thus directed to further details of the pre-solution activity including basic sensing and input, and thus do not recite substantially more than the judicial exception (see MPEP 2106.05(g) for guidance).
As per claim 6, the claim is directed to simply outputting further information (i.e., converted pressure), and thus constitutes further insignificant post-solution output and display activity based on the judicial exception (see MPEP 2106.05(g) for guidance).
As per claim 7, the use of text or sound are considered basic display/output mechanisms of a high degree of generality, and thus constitute further insignificant post-solution output and display activity based on the judicial exception (see MPEP 2106.05(g) for guidance).
As per claim 8, the use of a visual depiction is considered a basic display/output mechanism of a high degree of generality, and thus constitute further insignificant post-solution output and display activity based on the judicial exception (see MPEP 2106.05(g) for guidance).
As per claim 9, the use of first and second colors to indicate whether sensed pressure is within acceptable or unacceptable ranges is generally old and common in the art (see for example: Lee et al. (US 2019/0331195 A1), para. 0037, claim 3; Comardo (US 6981422 B1), claim 11; Lawrence et al. (US 2004/0211353 A1), para. 0014, claims 3, 12, and 23; etc.) and, as such, thus constitute further insignificant post-solution output and display activity based on the judicial exception (see MPEP 2106.05(g) for guidance).
As per claim 12, the use of a QR code is considered a basic display/output mechanism of a high degree of generality, and thus constitute further insignificant extra-solution activity based on the judicial exception (see MPEP 2106.05(g) for guidance).
Independent claim 13 recite(s) the abstract step:
convert said actual pressure of said gas bottle associated with said door damper at ambient temperature to a pressure at a temperature of 200C and output pressure information about the status of the gas bottle of said door damper based on said converted pressure at 20°C.
Again note that the recitation of a gas bottle of a door damper does not render the abstract process being integrated into a practical application, since that is simply directed to the type of abstract data being manipulated. The data is simply abstractly manipulated, but never applied in a practical manner that would constitute a practical application.
This judicial exception is not integrated into a practical application because the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the following reasons:
A non-transitory computer readable storage medium stored on a processor in a smart device that causes the processor via a control app installed on smart device to perform the steps
is a well-understood, routine element in the field, specified at a high level of generality (see MPEP 2106.05(d) for guidance).
receiving, from a non-compensated pressure gauge, a pressure input indicating an actual pressure of a gas bottle associated with a door damper at ambient temperature; receive a temperature input indicating an actual temperature of a gas bottle associated with said door damper
Again, the use of a non-compensated pressure gauge to collect pressure data is generally old and common in the art (see for example the attached article “Uncompensated, unamplified, board-mount pressure sensors”) and thus constitutes insignificant pre-solution activity related to data gathering, the sensor simply being the generic element for collecting information for performing the abstract activity. (see MPEP 2106.05(g) for guidance).
Independent claim 15 recite(s) the abstract step:
calculate and convert said actual pressure of said gas bottle of said damper door at ambient temperature to a pressure at a temperature of 20°C and outputting pressure information about the status of the gas bottle of the door damper based on said converted pressure at 20°C.
This judicial exception is not integrated into a practical application because the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the following reasons:
A system comprising: a smart device, wherein the smart device contains computer-executable instructions to perform the method
is a well-understood, routine element in the field, specified at a high level of generality (see MPEP 2106.05(d) for guidance).
receiving, from a non-compensated pressure gauge, an input indicating an actual pressure of a gas bottle of a damper door at ambient temperature, and receiving an input indicating an actual temperature of the gas bottle of said door damper,
Again, the use of a non-compensated pressure gauge to collect pressure data is generally old and common in the art (see for example the attached article “Uncompensated, unamplified, board-mount pressure sensors”) and thus constitutes insignificant pre-solution activity related to data gathering, the sensor simply being the generic element for collecting information for performing the abstract activity. (see MPEP 2106.05(g) for guidance).
Allowable Subject Matter
Claims 10 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As per claim 10, the recitation of “wherein said step of providing said outputted pressure information comprises using augmented reality to provide a superimposed image of two or more ranges on an image of the pressure gauge, such that one of said predefined ranges is positioned over the dial of said pressure gauge, based on said converted pressure at 20°C” constitutes a physical output transformation that constitutes more than insignificant extra-solution activity, thus rendering the claim statutory.
As per claim 11, the recitation of “wherein said smart device comprises a camera and the method comprises taking an image of the pressure gauge using the camera of the smart device, or using the camera to produce a live image on the screen of the smart device, and using augmented reality to superimpose a visual depiction of a range or ranges on the image of the pressure gauge” constitutes a physical output transformation that constitutes more than insignificant extra-solution activity, thus rendering the claim statutory.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC E NORMAN whose telephone number is (571)272-4812. The examiner can normally be reached 8:00-4:30 M-F.
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/MARC E NORMAN/Primary Examiner, Art Unit 3763