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 .
DETAILED ACTION
1. This Office Action is in response to the application filed on 03/01/2023.
Claims 1-22 are pending.
Priority
2. This application is a Continuation-In-Part of 17/656,790 (Patent US 11,617,028), which was filed on 03/28/2022, was acknowledged and considered.
Information Disclosure Statement
3. The information disclosure statement (IDS) filed on 03/01/2023 complies with the provisions of M.P.E.P. 609. The examiner has considered it.
Claim Rejections - 35 USC § 101
4. 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.
5. Claims 1-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
6. Independent claims 1, 14 and 22 recite:
A method for adaptive monitoring of a temperature-controlled area, comprising:
performing pattern prediction corresponding to one or more sensors that monitor a temperature-controlled area to generate a data pattern corresponding to the temperature- controlled area;
generating a modified configuration for an alert corresponding to the temperature- controlled area, the modified configuration corresponding to a nature of the data pattern; and
using the modified configuration for the alert during a time period corresponding to a predicted pattern event according to the data pattern.
Step 2A Prong One:
The limitations of performing pattern prediction corresponding to one or more sensors that monitor a temperature-controlled area to generate a data pattern corresponding to the temperature- controlled area, generating a modified configuration for an alert corresponding to the temperature- controlled area, the modified configuration corresponding to a nature of the data pattern, and using the modified configuration for the alert during a time period corresponding to a predicted pattern event according to the data pattern. That is , other than reciting, “computer method’; nothing in the claim element precludes the step from practically being performed in a human mind. Note that the limitations are done by the generically recited computer components 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 (concepts performed in the human mind including an observation, evaluation, judgment, and opinion).
Step 2A Prong Two:
The judicial exception is not integrated into a practical application. Claims 1, 14 and 22 recite the additional element, “using the modified configuration for alert….” these limitation is a mere generic alert generation based on some data (MPEP 2106.05(g)). The limitations amount to a data gathering step and a mere alert generation based on some patterns of data collection and data analysis (see MPEP 2106.05(g)).
Step 2B:
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The limitation “using the modified configuration for alert”, are recognized by the courts as well-understood, routine , and conventional activities when they are claimed in a merely generic manner (see MPEP 2106.05(qd)/(II) (iv) transferring and/or displaying information, Versata Dev. Group Inc.
Dependent Claims 2-13 and 15-21
The limitations as recited in dependent claims 2 and 15 recite “identify the pattern the data pattern using one or more datasets of the one or more data sensors” which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claims 3 and 16 recite “determining … a probability that the predicted pattern event according to the data pattern will occur during the time period corresponding to the predicted pattern event ….”, which further describes the concept is mere gathered data under prong 2 (insignificant extra solution activity— MPEP 2106.06g) and WURC under 2b (using gather data - MPEP 2106.05d).
Claims 4 and 17, recite “wherein the pattern prediction is performed based on user input corresponding to the data pattern.”, which further describes the concept is mere gathered data under prong 2 (insignificant extra solution activity— MPEP 2106.06g) and WURC under 2b (using gather data - MPEP 2106.05d).
Claims 5 and 18 recite “wherein the pattern prediction is performed based on mathematical analysis of one or more datasets of the one or more sensors”, which describes the concept of predict data through mathematical relationships (e.g., converting numerical representation in Benson), which has been found by the courts to be an abstract idea, similar to step 2A prong one.
Claims 6 and 19 recite “using an original configuration for the alert after the time period corresponding to the predicted pattern event”, which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claim 7 recites “wherein the generating of the modified configuration for responding to the alert comprises raising a threshold used to trigger the alert”, which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claims 8 and 20 recite “wherein the generating of the modified configuration for responding to the alert comprises varying a threshold used to trigger the alert over the time period corresponding to the predicted pattern event”, which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claims 19 and 21 recite “wherein the generating of the modified configuration for the alert comprises selecting a new media account for a delivery of an alert corresponding to the alert”, which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claim 10 recites “wherein the data pattern comprises a temperature pattern of the temperature-controlled area.” which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claim 11 recites “wherein the data pattern comprises a computed product temperature pattern of a monitored good in the temperature-controlled area” which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claim 12 recites “wherein the data pattern comprises an exposure pattern of a monitored good in the temperature-controlled area” which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Claim 13 recites “wherein the alert corresponds to an exposure event” which further describes the concepts performed in the human mind including an observation, evaluation, judgment, and opinion, in step 2A prong one.
Examiner’s Note
7. Preliminary mappings of some pertinent arts:
Modified configuration (According to paragraph 256 in the instant specification): “The modified configuration may correspond to a nature of the data pattern. For example, if the data pattern reflects that there is an upcoming predicted pattern event (e.g., a temperature rise or fall), a modified configuration for sending an alert may be temporarily used (e.g., instead of using user-set alert conditions).”
Modified configuration (According to Google): “A modified configuration refers to any change made to the original or default parameters of a system, software, hardware, or firmware to alter its functionality, behavior, or security posture. The modification can be made via a user interface, configuration files, or command line tools.”
Pattern events (According to paragraphs 247 and 249 in the instant specification): “there is a pattern that reflects a pattern event of a temperature rise every given interval (e.g., four hours)”, OR “a data pattern that reflects a pattern event of a temperature rise above zero degrees at the scheduled times”.
Pal, US 20160209831, [Abstract and paragraph 13 (“The system comprises a plurality of IR temperature sensors, each of which secured to the exterior of the machine; each IR sensor capable of transmitting captured temperature data wirelessly over a communications network, an algorithm engine capable of receiving data from the IR sensors, the algorithm engine for further processing the received data to recognize real-time temperature patterns, deviations”)] [Paragraph 44 (“upon receiving the stream of real-time data from the sensor network 18, is initially received by the mapping module 28, which performs a real-time mapping or pictorially patterning the same using a machine learning algorithm. The database 30 comprises one or more normal temperature patterns (or maps) wherein, each normal pattern is associated with one or more control commands. An exemplary normal pattern is represented by the graph in FIG. 7A. The database 30 also comprises one or more anomalous temperature patterns, wherein, each anomalous pattern is an indication of a malfunction of the machine”)].
Cella et al, US 20210157312, [Paragraphs 519 and 521 (“a machine learning system for configuring a topology or workflow for a set of neural networks”)] [Paragraphs 1062 and 1064 (“methods and systems are disclosed herein for cloud-based, machine pattern recognition based on fusion of remote, analog industrial sensors. For example, data streams from vibration, pressure, temperature, accelerometer, magnetic, electrical field, and other analog sensors” and “classification of data into types, recognition of certain patterns” and “providing improved pattern recognition, improved prediction, improved diagnosis”)] [Paragraphs 1065 and 1868 (“where a temperature state of an industrial machine exceeds a certain threshold and is followed by a fault condition, such as breaking down of a set of bearings, that temperature state may be tracked by a pattern recognizer, which may produce an output data structure indicating an anticipated bearing fault state (whenever an input state of a high temperature is recognized) “ and “determine patterns that reflect combined effects of multiple conditions. A wide variety of such structure can be tracked and used, such as in machine learning, representing various combinations, … a genetic programming-based machine learning facility can “evolve” a set of data structures, consisting of a favorable mix of data types (e.g., pressure, temperature, and vibration), from a favorable mix of data sources (e.g., temperature is derived from sensor X, while vibration comes from sensor Y),”)] [Paragraphs 1093, 1387 and 1709 (“if a nearby industrial machine is overheating, the heat map interface may alert a user by showing a machine in bright red. … at the right time and in the right manner “ AND “an alert may be issued based on accumulated values such as time spent over a threshold, weighted time spent over one or more thresholds, and/or an area of a curve of the detected value over one or more thresholds”)] [Paragraph 14 (“high temperature”, i.e., pattern event)] [Paragraphs 507, 997 and 1026 (“a sensor configured to collect temperature measurements from at least one of the industrial machines.” And “ambient sensing plus local sensing plus vibration for analysis. In embodiments, ambient environmental temperature and pressure, sensed temperature”)] [Paragraph 1385 (“Criteria may include a predetermined maximum or minimum value for a detection value from a specific sensor, a value of a sensor's corresponding detection value over time, a change in value, a rate of change in value, and/or an accumulated value (e.g., a time spent above/below a threshold value, a weighted time spent above/below one or more threshold values, and/or an area of the detected value above/below one or more threshold values). … The relative criteria may change with other data or information such as process stage, type of product being processed, type of equipment, ambient temperature and humidity, external vibrations from other equipment, and the like”, i.e., ‘modified configuration’)].
Claim Rejections - 35 USC § 102
8. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
9. 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)(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.
10. Claims 1-6, 10-19 and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cella et al (US 2019/0324444).
Claim 1:
Cella suggests a method for adaptive monitoring of a temperature-controlled area, comprising: performing pattern prediction corresponding to one or more sensors that monitor a temperature-controlled area to generate a data pattern corresponding to the temperature- controlled area [Paragraphs 328 and 331 (“machine pattern recognition based on fusion of remote, analog industrial sensors. For example, data streams from vibration, pressure, temperature … recognition of certain patterns … predicting faults” and “indicating successful predictions of anticipated states”)] [Paragraph 330 (“improved prediction” and “making predictions”)]. Cella suggests generating a modified configuration for an alert corresponding to the temperature- controlled area, the modified configuration corresponding to a nature of the data pattern [Paragraps 328 (“adjusting weights, rules, parameters, or the like, based on the feedback”, i.e., ‘modified configuration’)] [Paragraphs 229 and 357 (“continuously monitored for significant alarm conditions via a number of trigger conditions” and “if a nearby industrial machine is overheating, the haptic interface may alert a user by warming up”, i.e., “overheating” = ‘a nature of the data pattern’ or ‘pattern event’)]. Cella suggests using the modified configuration for the alert during a time period corresponding to a predicted pattern event according to the data pattern [Paragraps 328 (“adjusting weights, rules, parameters, or the like, based on the feedback”, i.e., ‘modified configuration’)] [Paragraphs 229 and 357 (“continuously monitored for significant alarm conditions via a number of trigger conditions” and “if a nearby industrial machine is overheating, the haptic interface may alert a user by warming up … at the right time and in the right manner”, i.e., “overheating” = ‘a nature of the data pattern’ or ‘pattern event’)] [Paragraphs 8 (“high temperature”, i.e., ‘a predicted pattern event’)] [Paragraphs 798 and 864 (“single component may be analyzed over different time periods, such as one operating cycle, cycle-to-cycle comparisons, trends over several operating cycles/times such as a month, a year, the life of the component, or the like. Data from multiple components of the same type may also be analyzed over different time periods” and “The analysis may result in warning regarding dangers of catastrophic failure conditions”)].
Claim 2:
Cella suggests wherein the pattern prediction is performed using a neural network (NN) configured to identify the data pattern using one or more datasets of the one or more sensors [Paragraph 917 (“machine learning systems, artificial intelligence systems, and the like, such as feed forward neural networks, radial basis function neural networks, self-organizing neural networks (e.g., Kohonen self-organizing neural networks), recurrent neural networks, modular neural networks, artificial neural networks, physical neural networks, multi-layered neural networks, convolutional neural networks, hybrids of neural networks with other expert systems”)].
Claim 3:
Cella suggests determining, based on the data pattern, a probability that the predicted pattern event according to the data pattern will occur during the time period corresponding to the predicted pattern event, wherein the modified configuration for the alert is used based on the probability [Paragraps 328 (“adjusting weights, rules, parameters, or the like, based on the feedback”, i.e., ‘modified configuration’)] [Paragraphs 634 and 660 (“component type may also be analyzed over different time periods. Trends in the data such as changing rates of change associated with start-up or different points in the process may be identified. Correlation of trends and values for different sensors may be analyzed to identify those parameters whose short-term analysis might provide the best prediction regarding expected sensor performance”)].
Claim 4:
Cella suggests wherein the pattern prediction is performed based on user input corresponding to the data pattern [Paragraph 1557 (“user input, prior experience, … strong control parameters, and/or highly predictive parameters … support for a sensor fusion operation and/or a pattern recognition operation), and/or a mesh networking coherence”)] [Parargraph 330 (“such as providing improved pattern recognition, improved prediction, improved diagnosis, improved yield, improved return on investment, improved efficiency, or the like), then metrics relating to such results from the analytic system 4018 can be provided via the learning feedback system 4012 to the cognitive input selection systems”)].
Claim 5:
Cella suggests wherein the pattern prediction is performed based on mathematical analysis of one or more datasets of the one or more sensors [Parargraph 330 (“Performance parameters may relate to overall system metrics (such as financial yields, process optimization results, energy production or usage, and the like), analytic metrics (such as success in recognizing patterns, making predictions, classifying data, or the like), and local system metrics (such as bandwidth utilization, storage utilization, power consumption, and the like) … across a host of different sensors”)].
Claim 6:
Cella suggests using an original configuration for the alert after the time period corresponding to the predicted pattern event [Parargraph 328 (“such that it may train, or improve, its initial model (such as improvements by adjusting weights, rules, parameters, or the like, based on the feedback).”)].
Claim 10:
Cella suggests wherein the data pattern comprises a temperature pattern of the temperature-controlled area [Parargraph 521 (“a first sensor may include a thermal threshold sensor that may measure the temperature of an aspect of a power generation turbine”)].
Claim 11:
Cella suggests wherein the data pattern comprises a computed product temperature pattern of a monitored good in the temperature-controlled area [Parargraphs 521 and 593 (“a first sensor may include a thermal threshold sensor that may measure the temperature of an aspect of a power generation turbine” and “unexpected temperature values, or temperature changes in the bearings or in the housing in proximity to the bearings”)].
Claim 12:
Cella suggests wherein the data pattern comprises an exposure pattern of a monitored good in the temperature-controlled area [Parargraphs 521 and 593 (“a first sensor may include a thermal threshold sensor that may measure the temperature of an aspect of a power generation turbine” and “unexpected temperature values, or temperature changes in the bearings or in the housing in proximity to the bearings”)].
Claim 13:
Cella suggests wherein the alert corresponds to an exposure event [Parargraph 652 (“an alert may be issued if the vibrational amplitude and/or frequency exceeds a predetermined maximum value, if there is a change or rate of change that exceeds a predetermined acceptable range, and/or if an accumulated value based on vibrational amplitude and/or frequency exceeds a threshold. Certain embodiments are described herein as detected values exceeding thresholds or predetermined values, but detected values may also fall below thresholds or predetermined values”)].
Claim 14:
Claim 14 is essentially the same as claim 1 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
Claim 15:
Claim 15 is essentially the same as claim 2 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
Claim 16:
Claim 16 is essentially the same as claim 3 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
Claim 17:
Claim 17 is essentially the same as claim 4 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
Claim 18:
Claim 18 is essentially the same as claim 5 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
Claim 19:
Claim 19 is essentially the same as claim 6 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
Claim 22:
Claim 22 is essentially the same as claim 1 except that it sets forth the claimed invention as a program product rather than a method and rejected under the same reasons as applied above.
Claim Rejections - 35 USC § 103
11. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
12. 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.
13. Claims 7-9 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Cella et al (US 2019/0324444) in view of Corbett et al (US 11,615,793).
Claim 7:
The combined teachings of Cella and Corbett suggest wherein the generating of the modified configuration for responding to the alert comprises raising a threshold used to trigger the alert [Corbett: Column 13, lines 32-58 (“Each user's pattern or trend of measurements can be used to set adaptive (e.g., automatically adjusted) personalized thresholds for issuing warnings and taking other actions … may adjust the thresholds over time …detecting a change in the user's pattern of results and altering the threshold in response. As another technique, the system may averages of test results over a time period (e.g., the last 3 months) to set the thresholds, so the threshold is newly calculated over a different set of measurements from time to time ”)] [Corbett: Column 6, lines 37-49 (“temperature sensor”)].
Both references (Cella and Corbett) taught features that were directed to analogous art and they were directed to the same field of endeavor, such as data processing. It would have been obvious to one of ordinary skill in the art at the time the invention was made, having the teachings of Cella and Corbett before him/her, to modify the system of Cella with the teaching of Corbett in order to adjust threshold value based on pattern time and pattern event [Stump: Paragraph 148].
Claim 8:
The combined teachings of Cella and Corbett suggest wherein the generating of the modified configuration for responding to the alert comprises varying a threshold used to trigger the alert over the time period corresponding to the predicted pattern event [Corbett: Column 13, lines 32-58 (“Each user's pattern or trend of measurements can be used to set adaptive (e.g., automatically adjusted) personalized thresholds for issuing warnings and taking other actions … may adjust the thresholds over time …detecting a change in the user's pattern of results and altering the threshold in response. As another technique, the system may averages of test results over a time period (e.g., the last 3 months) to set the thresholds, so the threshold is newly calculated over a different set of measurements from time to time ”)] [Corbett: Column 6, lines 37-49 (“temperature sensor”)].
Both references (Cella and Corbett) taught features that were directed to analogous art and they were directed to the same field of endeavor, such as data processing. It would have been obvious to one of ordinary skill in the art at the time the invention was made, having the teachings of Cella and Corbett before him/her, to modify the system of Cella with the teaching of Corbett in order to adjust threshold value based on pattern time and pattern event [Stump: Paragraph 148].
Claim 9:
The combined teachings of Cella and Corbett suggest wherein the generating of the modified configuration for the alert comprises selecting a new media account for a delivery of an alert corresponding to the alert [Corbett: Column 13, lines 32-58 (“personalized thresholds for issuing warnings and taking other actions … may adjust the thresholds over time …”)] [Corbett: Column 6, lines 37-49 (“temperature sensor”)].
Both references (Cella and Corbett) taught features that were directed to analogous art and they were directed to the same field of endeavor, such as data processing. It would have been obvious to one of ordinary skill in the art at the time the invention was made, having the teachings of Cella and Corbett before him/her, to modify the system of Cella with the teaching of Corbett in order to adjust threshold value based on pattern time and pattern event [Stump: Paragraph 148].
Claim 20:
Claim 20 is essentially the same as claim 8 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
Claim 21:
Claim 21 is essentially the same as claim 9 except that it sets forth the claimed invention as an apparatus rather than a method and rejected under the same reasons as applied above.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to [Hung D. Le], whose telephone number is [571-270-1404]. The examiner can normally be communicated on [Monday to Friday: 9:00 A.M. to 5:00 P.M.].
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Apu Mofiz can be reached on [571-272-4080]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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~TBD~
Hung Le
11/13/2025
/HUNG D LE/Primary Examiner, Art Unit 2161