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 .
Claims Previously Allowed, Now Rejected
The indicated allowability of claims 1-14 is withdrawn in view of the newly discovered rejection under 35 U.S.C. § 101 as described below. The Examiner sincerely apologizes for the inconvenience in raising a new rejection after an indication that the claims are allowable.
Status of Claims
Claims 1-14 are pending for examination and are considered on the merits below.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more as discussed below.
Regarding claim 1, the claimed invention is directed to an abstract idea without significantly more for the following reasons (see MPEP 2106.03 – 2106.05):
Eligibility Step 1: Claim 1 is directed to a device/machine.
Eligibility Step 2A, Prong 1: Claim 1 recites the abstract ideas of (i) generating a preprocessed signal sample (PSS) for each of the gas sensors for each period (PER) of the periodic temperature profile (STP) (preprocessing the received signals (SIG) in order to generate a preprocessed signal sample (PSS) involves an evaluation and/or a mathematical operation and hence it is an abstract idea that can be performed by the human mind), (ii) extracting for each of the periods (PER) a set of feature values (TFV, FFV) from the preprocessed signal samples (PSS) received for a respective period (PER) (extracting for each of the periods (PER) a set of feature values (TFV, FFV) from the preprocessed signal samples (PSS) involves an evaluation and/or a mathematical operation and hence it is an abstract idea that can be performed by the human mind), and (iii) creating for each of the sets of feature values (TFV, FFV) a sensing result (SR) for each of the gases (creating for each of the sets of feature values (TFV, FFV) a sensing result (SR) involves an evaluation and/or a mathematical operation and it is an abstract idea that can be performed by the human mind).
Eligibility Step 2A, Prong 2: The judicial exception is not integrated into a practical application. Claim 1 recites the additional elements of chemo-resistive gas sensors, heating arrangement, preprocessing processor, feature extraction processor, gas concentration processor, and a trained model. The chemo-resistive gas sensors and heating arrangement involve mere data gathering and insignificant extra-solution activity (see MPEP 2106.05(g)). Furthermore, the preprocessing processor, feature extraction processor, gas concentration processor, and trained model are recited so generically that they represent no more than mere instructions to apply the judicial exception on a computer (see MPEP 2106.05(f)). These additional elements are also an attempt to generally link the use of the judicial exception to the technological environment of a computer (see MPEP 2106.05(h)). Lastly, it is noted that once the sensing result is created, there is no application of the abstract idea much less a particular practical application.
Eligibility Step 2B: Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, chemo-resistive gas sensors and heating arrangement involve mere data gathering and insignificant extra-solution activity, and the preprocessing processor, feature extraction processor, gas concentration processor, and trained model are recited so generically that they represent no more than mere instructions to apply the judicial exception on a computer. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Furthermore, the additional elements of chemo-resistive gas sensors, heating arrangement, preprocessing processor, feature extraction processor, gas concentration processor, and a trained model are well understood, routine, and conventional activities within the prior art. See Carbonelli et al. (U.S. Pat. Pub. No. 2020/0355662, previously cited; hereinafter “Carbonelli”) which teaches a gas sensing device comprising chemo-resistive gas sensors, heating arrangement, preprocessing processor, feature extraction processor, gas concentration processor, and a trained model (see ¶¶ [0005]-[0010], [0016], [0072]-[0079]).
Dependent claims 2-13 do not solve any of the issues discussed above because they are directed towards abstract ideas in the form of evaluations and/or mathematical operations.
Regarding claim 14, the claimed invention is directed to an abstract idea without significantly more for the following reasons (see MPEP 2106.03 – 2106.05):
Eligibility Step 1: Claim 14 is directed to a method/process.
Eligibility Step 2A, Prong 1: Claim 14 recites the abstract ideas of (i) generating a preprocessed signal sample (PSS) for each of the gas sensors for each period (PER) of the periodic temperature profile (STP) (preprocessing the received signals (SIG) in order to generate a preprocessed signal sample (PSS) involves an evaluation and/or a mathematical operation and hence it is an abstract idea that can be performed by the human mind), (ii) extracting for each of the periods (PER) a set of feature values (TFV, FFV) from the preprocessed signal samples (PSS) received for a respective period (PER) (extracting for each of the periods (PER) a set of feature values (TFV, FFV) from the preprocessed signal samples (PSS) involves an evaluation and/or a mathematical operation and hence it is an abstract idea that can be performed by the human mind), and (iii) creating for each of the sets of feature values (TFV, FFV) a sensing result (SR) for each of the gases (creating for each of the sets of feature values (TFV, FFV) a sensing result (SR) involves an evaluation and/or a mathematical operation and it is an abstract idea that can be performed by the human mind).
Eligibility Step 2A, Prong 2: The judicial exception is not integrated into a practical application. Claim 14 recites the additional elements of chemo-resistive gas sensors, heating arrangement, preprocessing processor, feature extraction processor, gas concentration processor, and a trained model. The chemo-resistive gas sensors and heating arrangement involve mere data gathering and insignificant extra-solution activity (see MPEP 2106.05(g)). Furthermore, the preprocessing processor, feature extraction processor, gas concentration processor, and trained model are recited so generically that they represent no more than mere instructions to apply the judicial exception on a computer (see MPEP 2106.05(f)). These additional elements are also an attempt to generally link the use of the judicial exception to the technological environment of a computer (see MPEP 2106.05(h)). Lastly, it is noted that once the sensing result is created, there is no application of the abstract idea much less a particular practical application.
Eligibility Step 2B: Claim 14 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, chemo-resistive gas sensors and heating arrangement involve mere data gathering and insignificant extra-solution activity, and the preprocessing processor, feature extraction processor, gas concentration processor, and trained model are recited so generically that they represent no more than mere instructions to apply the judicial exception on a computer. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Furthermore, the additional elements of chemo-resistive gas sensors, heating arrangement, preprocessing processor, feature extraction processor, gas concentration processor, and a trained model are well understood, routine, and conventional activities within the prior art. See Carbonelli et al. (U.S. Pat. Pub. No. 2020/0355662, previously cited; hereinafter “Carbonelli”) which teaches a gas sensing device comprising chemo-resistive gas sensors, heating arrangement, preprocessing processor, feature extraction processor, gas concentration processor, and a trained model (see ¶¶ [0005]-[0010], [0016], [0072]-[0079]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven R. Castaneda whose telephone number is (571)272-0998. The examiner can normally be reached Monday through Friday 10am - 6pm ET.
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/STEVEN RAY CASTANEDA/Examiner, Art Unit 1797 /LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
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