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 .
Claim Objections
Objections withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 22, 24-25, 41, 43-59 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 22, 51, for example, claim 22, line 9-10 recites the limitation " the system characteristics data …or …the reactor characteristics data". There is insufficient antecedent basis for this limitation in the claim. Assumed to be "system characteristics data …or … reactor characteristics data".
Referring to claim 22,51, for example, claim 22, line 29-30 recites the limitation “the system characteristics data and based on the reactor characteristics data”, however lines 1-22 recites the limitations of "system characteristics data …or … reactor characteristics data", and “acquiring system characteristics data of the bioreactor by an electronic data processing unit associated with a maintenance system via a sensor system of the maintenance system; acquiring reactor characteristics data of the bioreactor”. Therefore the recitation of “the system characteristics data and based on the reactor characteristics data” in the same or subsequent claim is unclear because it is uncertain which of the system characteristics data and which of the reactor characteristics data was intended (MPEP 2173.05(e)). For purposes of examination, it will be assumed to all be the same. Appropriate correction is required.
Claim Rejections - 35 USC § 101
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 22, 24-25, 41, 43-59 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites
22, 51. (currently amended) A recursive method for generating a maintenance system on a bioreactor of a vehicle for transporting persons, the maintenance system comprising at least one system container that is connected to a plurality of system lines of the maintenance system, and the bioreactor comprising at least one reactor vessel which is connected to a plurality of reactor lines of the bioreactor, the method comprising at least the following steps:
replacing either a system line of the maintenance system by another system line, or modifying dimensions of reactor lines of the bioreactor;
adapting the system characteristics data of the maintenance system in accordance with the other system line, or adapting the reactor characteristics data in accordance with the modified dimensions of reactor lines of the bioreactor,
wherein the system characteristics data comprise at least one characteristic value concerning physical dimensions of the maintenance system which are relevant for the operation of the maintenance system, and
wherein the reactor characteristics data comprise at least one reactor characteristic value concerning physical dimensions of the reactor vessel and/or the reactor lines;
storing the system characteristics data in a non-volatile memory of the maintenance system or on an external central memory, or storing the reactor characteristics data on the bioreactor or on the external central memory;
acquiring system characteristics data of the bioreactor by an electronic data processing unit associated with a maintenance system via a sensor system of the maintenance system;
acquiring reactor characteristics data of the bioreactor; and
acquiring maintenance characteristics data for a maintenance program to be generated;
generating a maintenance program based on the system characteristics data, the reactor characteristics data and the maintenance characteristics data;
executing the maintenance program on the maintenance system on the bioreactor; and
determining a system operating state value indicating an operating condition of the maintenance system and/or a reactor operating state value indicating an operating condition of the bioreactor, wherein the system operating state value is used as further system characteristics data and/or the reactor operating state value is used as further reactor characteristics data for recursively generating the maintenance program.
24. (previously presented) The method according to claim 22, wherein the reactor characteristics data comprise reactor identification data which are uniquely assigned to the reactor characteristic value.
25. (currently amended) The method according to claim 22, wherein the system operating state value and/or the reactor operating state value indicate a deviation from a predefined operating state.
41. (previously presented) A maintenance system for maintaining a bioreactor, including a bioreactor of a vehicle for transporting persons, wherein the maintenance system comprises an interface for transmitting data between the maintenance system and the bioreactor; andwherein the maintenance system is adapted to perform the method according to claim 22.
43. (new) The method according to claim 22, wherein the system operating state value is a current fill level of the system vessel, a temperature, a meter value or a pressure value.
44. (new) The method according to claim 22, wherein the reactor operating state value is a current fill level of the reactor vessel, a temperature, a meter value or a pressure value.
45. (new) The method according claim 22, wherein the maintenance system comprises valves, and the method further comprises the step of monitoring of the function of the valves.
46. (new) The method according to claim 45, wherein a deviation from a predefined operating behavior of at least one valve is detected as system operating state value.
47. (new) The method according to claim 22, wherein the bioreactor comprises a heatable sanitizing unit, and wherein the reactor operating state value is a heating rate achieved in a sanitizing unit.
48. (new) The method according to claim 22, wherein the system operating state value and/or the reactor operating state value include maintenance success values.
49. (new) The method according to claim 48, wherein the maintenance success value is a throughput rate through the bioreactor achieved during a throughput test.
50. (new) The method according to claim 22, wherein the step of generating a maintenance program includes the calculation of necessary pumping and suction times during maintenance steps of a maintenance program.
52. (new) The method according to claim 51, wherein the maintenance characteristics data includes a maintenance history.
53. (new) The method according to claim 51, wherein the maintenance characteristics data are updated after or during the execution of the maintenance program and taken into account for a subsequent generation of a maintenance program.
54. (new) The method according to claim 51, wherein the maintenance system comprises a user interface, wherein acquiring system characteristics data and/or reactor characteristics data and/or maintenance characteristics data for the maintenance program comprises acquiring input data which are entered by a user of the maintenance system at the user interface.
55. (new) The method according to claim 51, wherein generating the maintenance program comprises adapting a predefined maintenance program based on the system characteristics data and the reactor characteristics data.
56. (new) The method according to claim 51, wherein the maintenance program contains control commands to operate the bioreactor in response to the control commands during the execution of the maintenance program.
57. (new) The method according to claim 51, further comprising the step of conducting a test program for testing components of the bioreactor.
58. (new) The method according to claim 57, wherein the test program includes testing valves of the bioreactor.
59. (new) The method according to claim 57, wherein the bioreactor comprises a sanitizer and the test program includes determining a heat rate of a sanitizing unit.
The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting modifying lines, communications interface transmitting data, and program nothing in the claim element precludes the step from practically being performed in the mind. For example, but for modifying lines, communications interface transmitting data, and program, adapting data, acquiring data and generating and executing a maintenance program, in the context of this claim encompasses a user manually calculating or thinking about data and maintenance steps/sequence. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – modifying lines, communications interface transmitting data, and program. The program is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The communications interface transmitting data recites only insignificant extra solution activity. The modifying of lines does not integrate the claimed abstract idea into a practical application and is a mere field of use reference. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of program amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The communications interface transmitting data recites only insignificant extra solution activity that is routine, well-known and conventional (paragraphs 40-43 of the instant disclosure). The modifying of lines does not integrate the claimed abstract idea into a practical application and is a mere field of use reference that is routine, well-known and conventional (see page 16 of the arguments by applicant filed 2/12/26 and paragraph 8 of the Schweizerische reference supplied by applicant). The claim is not patent eligible.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed (MPEP 2111.04). The claimed condition of “or” is made optional by the terminology used in the claim because the claim limitation is recited in the alternative. Therefore, since the claimed condition is not required, the limitations which are only conditionally required based on the claimed condition occurring are also not required.
Claim(s) 22, 24-25, 41, 43-59 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 2364893A1 to Schweizerische, supplied by applicant.
22, 51. (currently amended) A recursive method for generating a maintenance system on a bioreactor of a vehicle for transporting persons, the maintenance system comprising at least one system container that is connected to a plurality of system lines of the maintenance system, and the bioreactor comprising at least one reactor vessel which is connected to a plurality of reactor lines of the bioreactor, the method comprising at least the following steps (Abstract, claims, paragraphs 1-3, a method and a maintenance program for automatic maintenance for emptying a solids tank of a micro-sewage treatment plant or bioreactor used in a rail vehicle. Micro-sewage treatment plants or bioreactors are used for train toilets in order to replace the costly collection tank system. The individual steps, such as the thermal sanitization and the suctioning of the liquid out of the solids tank, should be carried out in a timecontrolled and automatic manner; Fig. 1, 2, paragraphs 24, “[0024] The use of an acoustic sensor instead of an optical sensor offers further advantages. With a corresponding analysis program which detects the noises caused by the solid parts, no The dimensions of the solid particles can also be determined. In this way, findings about the process profile can be obtained, which allow individual parameters to be optimized. In particular, the operating mode of the high-pressure pump can be changed in order to achieve a desired size of the solid parts. For example, the pressure, the amplitude or the frequency of the preferably emitted water pulses can be changed. Preferably, the acoustic sensor is mounted in a region of the discharge line in which bends are provided against which the solid parts strike and cause noise. The size of the solid parts is inversely proportional to the frequency of the noise generated. For the evaluation of the signals of the acoustic sensor, it is advantageous to separate signal components caused by the water flow from signal components caused by the solid parts. Preferably, the frequency range of flowing water is measured and a corresponding limit value is subsequently defined, so that the signal components of the water flow are suppressed.”; paragraphs 30-45;):
replacing either a system line of the maintenance system by another system line, or modifying dimensions of reactor lines of the bioreactor (paragraph 8);
adapting the system characteristics data of the maintenance system in accordance with the other system line, or adapting the reactor characteristics data in accordance with the modified dimensions of reactor lines of the bioreactor, wherein the system characteristics data comprise at least one characteristic value concerning physical dimensions of the maintenance system which are relevant for the operation of the maintenance system, and wherein the reactor characteristics data comprise at least one reactor characteristic value concerning physical dimensions of the reactor vessel and/or the reactor lines; storing the system characteristics data in a non-volatile memory of the maintenance system or on an external central memory, or storing the reactor characteristics data on the bioreactor or on the external central memory; acquiring system characteristics data of the bioreactor by an electronic data processing unit associated with a maintenance system via a sensor system of the maintenance system; acquiring reactor characteristics data of the bioreactor; and acquiring maintenance characteristics data for a maintenance program to be generated; generating a maintenance program based on the system characteristics data, the reactor characteristics data and the maintenance characteristics data; executing the maintenance program on the maintenance system on the bioreactor; and determining a system operating state value indicating an operating condition of the maintenance system and/or a reactor operating state value indicating an operating condition of the bioreactor, wherein the system operating state value is used as further system characteristics data and/or the reactor operating state value is used as further reactor characteristics data for recursively generating the maintenance program (Fig. 1, 2, paragraphs 19-30, 38-46, a process computer is provided, which serves to control the process phases, and which monitors the transfer of solids parts separated from solids bodies during the process phase by detecting the noise caused by the solids parts in the drain conduit by means of acoustic sensors, the output signals of which are evaluated; as indicated in figure 1, the micro-sewage treatment plant is provided with a communication unit (100) which can communicate with the process computer (2) of the device (2) via a network (1000). The process computer can download device information and operating data as well as the identification number from the micro-sewage treatment plant, and can select its process parameters for the maintenance of the microsewage treatment plant accordingly. Consequently, on the basis of the device information, it can be determined which default settings are provided for micro-sewage treatment plants of the type in question. The process computer itself can now determine, on the basis of the operating data, how long and under which conditions the micro-sewage treatment plant has been in operation, and select an appropriate program for the maintenance of this bioreactor. Consequently, optimum parameters for an average micro-sewage treatment plant can be calculated on the basis of the standard values and the operating data. The system adjusts the individual data sets and uploads them to the individual micro-bioreactors, on the basis of the identification number. Modules of any communication technology, such as Bluetooth, RFID, etc., can be used for the communication between the bioreactors and the device 2. Therefore, it is possible to automatically provide optimum operating parameters individually for each microbioreactor of the vehicle fleet, and to optimize them automatically. (cf. paragraphs [0001], [0002], [0004], [0005], [0008], [0012], [0021], [0024], [0025], [0028], [0034], [0038], [0040], [0041], and [0044]-[0046]; figures 1 and 2); “[0044] In the N. FIG. 1 shows a schematic view of FIG. 1 In the preferred embodiment shown, the mini-sewage system 1 is provided with a communication unit 100, which can communicate with the process computer 20 of the device 2 according to the invention via a network 1000. In this way, the process computer 20 can download device information and/or operating data and/or the identification number from the mini-clarifier 1 and can correspondingly choose its process parameters for the maintenance of the mini-clarifier 1. On the basis of the device information, it is possible to establish which standard settings are provided for mini-sewage treatment systems 1 of the relevant type. On the basis of the operating data, the process computer 20 can determine how long and under what conditions the mini-clarifier 1 was in use and select a corresponding program for servicing this mini-clarifier 1. That is, based on the standard values and the operation data, optimum ones can be obtained The parameters can be calculated for an average mini-sewage treatment plant 1. On the basis of the identification number (BR 112), individual data of the mini-clarifier 1 can be loaded, which data were used and optimized during at least one earlier maintenance interval. [0045] In this way, it is possible to automatically keep optimum operating parameters available individually for each miniature sewage treatment system 1 of the vehicle park and to automatically optimize them. [0046] Modules of any desired communication technologies can be used for the communication between the mini-sewage treatment plant 1 and the device 2 according to the invention. For example, the Bluetooth technology or the RFID technology described in ep1672560b1EP1672560B1 may be used.”).
24. The method according to claim 22, wherein the reactor characteristics data comprise reactor identification data which are uniquely assigned to the reactor characteristic value (Fig. 1, 2, paragraphs 19-45; cf. paragraphs [0001], [0002], [0004], [0005], [0008], [0012], [0021], [0024], [0025], [0028], [0034], [0038], [0040], [0041], and [0044]-[0046]; figures 1 and 2).
25. The method according to claim 22, wherein the system operating state value and/or the reactor operating state value indicate a deviation from a predefined operating state (Fig. 1, 2, paragraphs 19-45).
41. (previously presented) A maintenance system for maintaining a bioreactor, including a bioreactor of a vehicle for transporting persons, wherein the maintenance system comprises an interface for transmitting data between the maintenance system and the bioreactor; and wherein the maintenance system is adapted to perform the method according to claim 22 (Fig. 1, 2, paragraphs 19-45).
43. (new) The method according to claim 22, wherein the system operating state value is a current fill level of the system vessel, a temperature, a meter value or a pressure value (Fig. 1, 2, paragraphs 19-45).
44. (new) The method according to claim 22, wherein the reactor operating state value is a current fill level of the reactor vessel, a temperature, a meter value or a pressure value (Fig. 1, 2, paragraphs 19-45).
45. (new) The method according claim 22, wherein the maintenance system comprises valves, and the method further comprises the step of monitoring of the function of the valves (Fig. 1, 2, paragraphs 19-45).
46. (new) The method according to claim 45, wherein a deviation from a predefined operating behavior of at least one valve is detected as system operating state value (Fig. 1, 2, paragraphs 19-45).
47. (new) The method according to claim 22, wherein the bioreactor comprises a heatable sanitizing unit, and wherein the reactor operating state value is a heating rate achieved in a sanitizing unit (Fig. 1, 2, paragraphs 19-45).
48. (new) The method according to claim 22, wherein the system operating state value and/or the reactor operating state value include maintenance success values (Fig. 1, 2, paragraphs 19-45).
49. (new) The method according to claim 48, wherein the maintenance success value is a throughput rate through the bioreactor achieved during a throughput test (Fig. 1, 2, paragraphs 19-45).
50. (new) The method according to claim 22, wherein the step of generating a maintenance program includes the calculation of necessary pumping and suction times during maintenance steps of a maintenance program (Fig. 1, 2, paragraphs 19-45).
52. (new) The method according to claim 51, wherein the maintenance characteristics data includes a maintenance history (Fig. 1, 2, paragraphs 19-45).
53. (new) The method according to claim 51, wherein the maintenance characteristics data are updated after or during the execution of the maintenance program and taken into account for a subsequent generation of a maintenance program (Fig. 1, 2, paragraphs 19-45).
54. (new) The method according to claim 51, wherein the maintenance system comprises a user interface, wherein acquiring system characteristics data and/or reactor characteristics data and/or maintenance characteristics data for the maintenance program comprises acquiring input data which are entered by a user of the maintenance system at the user interface (Fig. 1, 2, paragraphs 19-45).
55. (new) The method according to claim 51, wherein generating the maintenance program comprises adapting a predefined maintenance program based on the system characteristics data and the reactor characteristics data (Fig. 1, 2, paragraphs 19-45).
56. (new) The method according to claim 51, wherein the maintenance program contains control commands to operate the bioreactor in response to the control commands during the execution of the maintenance program (Fig. 1, 2, paragraphs 19-45).
57. (new) The method according to claim 51, further comprising the step of conducting a test program for testing components of the bioreactor (Fig. 1-2, paragraph 27-28, 36-39).
58. (new) The method according to claim 57, wherein the test program includes testing valves of the bioreactor (Fig. 1-2, paragraph 27-28, 36-39).
59. (new) The method according to claim 57, wherein the bioreactor comprises a sanitizer and the test program includes determining a heat rate of a sanitizing unit (Fig. 1-2, paragraph 27-28, 36-39).
Response to Arguments
Applicant's arguments filed 2/12/26 have been fully considered but they are not persuasive.
Applicant continues to argue the claims are not directed to a mental process in view of various citations of the specification. The examiner disagrees. The claims are broader than the specification and arguments presented. There is no maintenance actually performed in the claims. The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting modifying lines, communications interface transmitting data, and program nothing in the claim element precludes the step from practically being performed in the mind. For example, but for modifying lines, communications interface transmitting data, and program, adapting data, acquiring data and generating and executing a maintenance program, in the context of this claim encompasses a user manually calculating or thinking about data and maintenance steps/sequence. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Applicant argues the claims recite additional elements that are sufficient to amount to significantly more than the judicial exception, in view of various citations of the specification. The examiner disagrees. The claims are broader than the specification and arguments presented. This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – modifying lines, communications interface transmitting data, and program. The program is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The communications interface transmitting data recites only insignificant extra solution activity. The modifying of lines does not integrate the claimed abstract idea into a practical application and is a mere field of use reference. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of program amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The communications interface transmitting data recites only insignificant extra solution activity that is routine, well-known and conventional (paragraphs 40-43 of the instant disclosure). The modifying of lines does not integrate the claimed abstract idea into a practical application and is a mere field of use reference that is routine, well-known and conventional (see page 16 of the arguments by applicant filed 2/12/26 and paragraph 8 of the Schweizerische reference supplied by applicant). The claim is not patent eligible.
Applicant argues Schweizerische fails to teach replacing or modifying a system line or modifying the dimensions of reactor lines, but acknowledges that paragraph [0008] of Schweizerische acknowledges that after a rebuild of a vehicle where, "for example, lines with [are] also installed, the collected and programmed experience values may no longer be appropriate."
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., replacing or modifying a system line or modifying the dimensions of reactor lines, and then subsequently adapting the stored characteristic data to reflect this specific hardware change; actively adapting and storing the new physical dimension data corresponding to the hardware change for use in dynamically generating a new program; adapting and storing data representing new physical dimensions following a hardware modification; physically modifying the system, adapting the physical dimension data in accordance with that modification, and storing said adapted data; adapting to hardware changes; a recursive method for the generation of the maintenance program method for maintaining a bioreactor of a vehicle for transporting persons, wherein, after the physical hardware of the maintenance system or bioreactor has been modified, the recursive method determines a system operating state value indicating an operating condition of the maintenance system and/or a reactor operating state value indicating an operating status of the bioreactor, and wherein the system operating state value is used as further system characteristics data and/or the reactor operating state value is used as further reactor characteristics data for recursively generating the maintenance program) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean Shechtman/ Primary Examiner, Art Unit 2896