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
The action is responsive to the Amendment filed on August 28, 2025. Claims 1-2 and 4-5 were amended. No claims were cancelled. Thus, claims 1-5 are pending.
Claim Rejections - 35 USC § 101 Non-Statutory
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 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Specifically, Claim 1 recites:
An abnormality detection device, comprising: a processor configured to acquire operation data of one or a plurality of extraction devices configured to extract water from a water circulation system in a boiler to an outside of the circulation system, and acquire an actually measured value of a makeup water amount supplied to the circulation system; derive a predicted value of the makeup water amount based on the acquired operation data; and compare a difference between the acquired actually measured value of the makeup water amount and the derived predicted value of the makeup water amount with a predetermined threshold, to determine whether a water leak has occurred from the water circulation system in the boiler to the outside of the circulation system; a notification device that provides notification of a determination result of whether the water leak has occurred from the water circulation system in the boiler to the outside of the circulation system based on comparing the difference with the predetermined threshold, wherein it is determined that the water leak has occurred from the water circulation system in the boiler to the outside of the circulation system when the difference is greater than or equal to the predetermined threshold, and wherein the processor is configured to derive the predicted value of the makeup water amount based on the acquired operation data and the actually measured value of the makeup water amount, while the boiler is operating normally. The claim limitations in the abstract idea have been highlighted in bold; the remaining limitations are “additional elements.” Similar limitations comprise the abstract ideas of claim 5.
Under Step 1 of the analysis, claim 1 does belong to a statutory category, namely it is an apparatus claim. Likewise, claim 5 is a process claim.
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim., Under Step 2A, Prong One, the broadest reasonable interpretation of the steps recited in Claim 1 include at least one judicial exception, that being a mathematical process. This can be seen in the claimed process step of “derive a predicted value of the makeup water amount…” (See, for example, FIGS. 2-4, ¶¶44-45, ¶¶50-51, of the instant specification), which encompasses mathematical concepts requiring specific mathematical calculations (“The prediction unit 314 is constructed through machine learning…The machine learning is, for example, XG boost or multiple regression analysis.” described in ¶45 of the instant specification.) to perform the abnormality detection method, and therefore encompasses mathematical concepts. For example, when given the broadest reasonable interpretation in light of the specification, the step of “derive a predicted value” is performed using one are more training algorithms (machine learning).
Claim 1 additionally recites the claim limitation of “compare a difference between the acquired actually measured value of the makeup water amount and the derived predicted value of the makeup water amount with a predetermined threshold…” (See, for example, FIGS. 2-4, ¶¶52-53, ¶¶58-59, of the instant specification), which comprises the judicial exception of a mental process because it is merely a data evaluation including calculations, and/or judgements capable of being performed mentally. Claim 5 recites analogous judicial exceptions.
In claim 1, the step of: “derive” and falls within the mathematical concepts grouping of abstract ideas; and the step of “compare” falls within the mental concepts grouping of abstract ideas. The recited process steps are considered together as a single abstract idea for further analysis. Claim 5 recites similar abstract ideas. (Step 2A, Prong One: YES).
Step 2A, Prong Two of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. 2019 PEG Section III(A)(2), 84 Fed. Reg. at 54-55.
The process steps of “derive a predicted value” and “compare” are recited as being performed by a computer (“The central control unit 310 has a semiconductor integrated circuit including a central processing unit (CPU)…the central control unit 310 functions as a data acquisition unit 312, a prediction unit 314, and a comparison unit 316.” (FIG. 2; ¶¶37-40, of the instant specification). The computer is recited at a high level of generality (“central processing unit”). The computer is used as a tool to perform the generic computer functions of collecting data and performing the recited process steps. The computer is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The recited process steps comprise an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
Applicant is thanked for their amendments to claim 1, as well as claim 5, which include the elements of “wherein it is determined that the water leak has occurred from the water circulation system in the boiler to the outside of the circulation system when the difference is greater than or equal to the predetermined threshold,” and “wherein the processor is configured to derive the predicted value of the makeup water amount based on the acquired operation data and the actually measured value of the makeup water amount, while the boiler is operating normally.” However, the newly recited limitations merely comprise “insignificant extra-solution” {post-solution} activity(ies). The computer is used as a tool to perform the generic computer functions of collecting data and performing the recited process steps. The computer is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The recited process steps comprise an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
It should be noted that because the courts have made it clear that mere physicality or tangibility of an additional element or elements is not a relevant consideration in the eligibility analysis, the physical nature of the controller does not affect this analysis. See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
Claim 1 also recites the additional elements (equipment) of “a data acquisition unit,” “a prediction unit,” and “a comparison unit” (FIG. 2; ¶¶37-40, of the instant specification); “extraction devices” (FIGS. 1-2; ¶41, of the instant specification), “a boiler” (FIG. 1; ¶15, of the instant specification), “a water circulation system” (FIG. 1; ¶27, of the instant specification), and “a notification device” (FIG. 2; ¶¶37-39, of the instant specification). Applicant is thanked for their amendments to claim 1, as well as claim 5, which include the newly presented element of “a notification device.” However, this newly presented additional element merely comprises generic conventional non-specific equipment and computer hardware, and is set forth at a highly generic level and comprises an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
Claim 1 further recites data comprising “operation data” (FIGS. 1-2; ¶¶41-42, of the instant specification), “an actually measured value” (FIGS. 1-2; ¶¶43-45, of the instant specification), “predicted value” (FIGS. 1-2; ¶¶44-45, of the instant specification), and “a determination result” (FIGS. 1-2; ¶¶59-63, of the instant specification). However, these additional elements merely comprise generic conventional non-specific equipment, and computer hardware and software elements, and data/information, and is/are set forth at a highly generic level and each of which comprise an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978). Claim 5 recites analogous additional elements.
The recited additional elements can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Noting MPEP 2106.04(d)(I): “It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) ("The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point")”.
Thus, under Step 2A, Prong Two of the analysis, even when viewed in combination, these additional elements recited in claim 1, as well as claim 5, do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception. No specific practical application is associated with the claimed method. For instance, nothing is done regarding the water circulation system in the boiler, whether the water leak has occurred from the water circulation system in the boiler to the outside of the circulation system based on the determination result.
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as described above with respect to Step 2A Prong Two, merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely insignificant extra-solution activity (Claims 1, 5). Such insignificant extra-solution activity, e.g. data gathering and output, when re-evaluated under Step 2B is further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, and electronically scanning or extracting data from a physical document).
Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that claim 1, as well as claim 5, amount to significantly more than the abstract idea. Therefore, claim 1, as well as claim 5, is not patent eligible under 101.
With regards to the dependent claims, claims 2-4, provide additional features/steps which are part of an expanded algorithm, so these limitations should be considered part of an expanded abstract idea of the independent claims.
Response to Arguments
Applicant’s arguments filed on August 28, 2025 have been fully considered. Applicant’s arguments and amendments have overcome the previous prior art rejections. Applicant is thanked for their arguments and amendments which were presented in an effort to overcome the outstanding rejections under 35 U.S.C. 101. However, the rejection of claims 1-5 under 35 U.S.C. 101 persists.
In regard claims 1-5 rejected under 35 U.S.C. 101, Examiner’s position and supporting remarks are presented in the rejection above.
Additionally, Applicant is thanked for their amendments to claim 1, as well as claim 5, which include the elements of “wherein it is determined that the water leak has occurred from the water circulation system in the boiler to the outside of the circulation system when the difference is greater than or equal to the predetermined threshold,” and “wherein the processor is configured to derive the predicted value of the makeup water amount based on the acquired operation data and the actually measured value of the makeup water amount, while the boiler is operating normally.” However, the newly recited limitations merely comprise “insignificant extra-solution” {post-solution} activity(ies). The computer is used as a tool to perform the generic computer functions of collecting data and performing the recited process steps. The computer is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The recited process steps comprise an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
Applicant is also thanked for their amendments to claim 1, as well as claim 5, which include the newly presented element of “a notification device.” However, this newly presented additional element merely comprises generic conventional non-specific equipment and computer hardware, and is set forth at a highly generic level and comprises an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
Thus, under Step 2A, Prong Two of the analysis, even when viewed in combination, these additional elements recited in claim 1, as well as claim 5, do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception. No specific practical application is associated with the claimed method. For instance, nothing is done regarding the water circulation system in the boiler, whether the water leak has occurred from the water circulation system in the boiler to the outside of the circulation system based on the determination result.
Applicant is directed to the newly released 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence (2024 AI SME Update) in the Federal Register on July 17, 2024, and effective on that date.
Therefore, the rejection of the independent claims, claim 1, as well as claim 5, under 35 USC § 101 is maintained.
Similarly, the rejection of the dependent claims, claims 2-4, under 35 USC § 101 is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
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/JEFFREY P AIELLO/Primary Examiner, Art Unit 2857