DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 16-35 are presented for examination.
Claim Rejections - 35 USC § 101
3. 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.
3.1 Claims 17-35 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Is the claim directed to a statutory category?
Yes. The claims are to a system (claim 16), a method (claim 34), a non-transitory medium (claim 35).
Step 2A- Prong One
The claim(s) recite(s) a system (claim 16), a method (claim 34), a non-transitory medium (claim 35), comprising: The step of: “use a flow channel width and a flow channel depth of the flow channel network, thereby performing a process on the flow channel network”, under the broadest reasonable interpretation fall under a mental process or otherwise a mathematical concept / mathematical relationship, as evidenced by para [0036-0042] of the specification which provides at e.g. [0038] The controlling unit 21 executes processes discussed below (processes including sketching, calculation of fluid property, generation of flow channel plan views, generation of three-dimensional shapes, and calculation of a power generation property). Therefore, the claims are directed to an abstract idea, by use of generic computer components and thus are clearly directed to an abstract idea, as constructed.
Step 2A Prong Two
This judicial exception is not integrated into a practical application because the additional limitation such as: “a controlling unit”, “non-transitory … medium”, “a program”, either alone or in combination, all serve to gather and process data and do not add anything more significantly to the judicial exception, but are mere instructions to apply the exception using a generic computer component that are well known, routine, and conventional activities (see specification at para [0032-0035], and fig.1-2) which can be of any type, including general-purpose computer (para [0036]) previously known in the industries. Merely adding a programmable computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice, 573 U.S. at 223-24. Furthermore, the use of a general-purpose computer to apply an otherwise ineligible algorithm does not qualify as a particular machine. See Ultramerciallnc. v. Hulu, LLC, 772F.3d 709, 716-17 (Fed. Cir. 20l4); In re TLI Commc 'ns LLC v. AV Automotive, LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept); Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, 785; the step of: “obtain, from the input unit, information representing a flow channel network that simulates a flow channel shape”, under the broadest reasonable interpretation, reasonable fall under data gathering and processing activities that are pre-solution activities” are also well-known, routine and conventional activities and are not sufficient to amount to significantly more than the judicial exception (See further MPEP 2106.05(d)(i-iv)-f); thus are not patent eligible under 35 USC 101.
Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as previously discussed above with reference to the integration of abstract idea into a practical application, the additional elements of: “a controlling unit”, “non-transitory … medium”, “a program”, either alone or in combination, all serve to gather and process data and do not add anything more significantly to the judicial exception, but are mere instructions to apply the exception using a generic computer component that are well known, routine, and conventional activities (see specification at para [0032-0035], and fig.1-2) which can be of any type, including general-purpose computer (para [0036]) previously known in the industries. Merely adding a programmable computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice, 573 U.S. at 223-24. Furthermore, the use of a general-purpose computer to apply an otherwise ineligible algorithm does not qualify as a particular machine. See Ultramerciallnc. v. Hulu, LLC, 772F.3d 709, 716-17 (Fed. Cir. 20l4); In re TLI Commc 'ns LLC v. AV Automotive, LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept); Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, 785; the step of: “obtain, from the input unit, information representing a flow channel network that simulates a flow channel shape”, under the broadest reasonable interpretation, reasonable fall under data gathering and processing activities that are pre-solution activities” are also well-known, routine and conventional activities and are not sufficient to amount to significantly more than the judicial exception (See further MPEP 2106.05(d)(i-iv)-f); thus are not patent eligible under 35 USC 101.
Therefore, using computer components amount to no more than mere instructions to perform the abstract, and thus are not sufficient to amount to significantly more than the recited abstract, as constructed.
3.2 Dependent claims 17-33 merely include limitations pertaining to further mathematical computations (claim 17), “use the flow channel width, thereby generating a two-dimensional flow channel plan view” (mental process). (claim 18); “performing the process includes generating, in accordance with characteristics of a processing method, design data of a three-dimensional channel that is obtained by three-dimensionalizing the flow channel network” (mental process); (claim 19); “if the processing method is stamping, generate the design data in accordance with a shape obtained through the stamping” (mathematical concept or otherwise mental process); (claim 20); “if the processing method is cutting, generate the design data in accordance with a shape obtained through the cutting” (mental process or otherwise a mathematical concept); (claim 21); “generate, based on arrangement of an element in the flow channel network, a mesh of the three-dimensional flow channel that is obtained by three-dimensionalizing the flow channel network” (mathematical concept or otherwise a mental process); (claim 22) “calculate a state distribution of a phenomenon caused by a fluid when the fluid flows through the three-dimensional flow channel that is obtained by three-dimensionalizing the flow channel network” (Mathematical concept); and “output the calculated state distribution” (WURC post-solution activities); (claim 23) “adjust a measurement of the flow channel network in accordance with the state distribution” (WURC post-solution activities); (claim 24) “in accordance with a first design data of a first three-dimensional flow channel that is obtained by three-dimensionalizing the flow channel network, generate second design data of a second three-dimensional flow channel adjacent to the first three-dimensional flow channel” (mental process or otherwise a mathematical concept); (claim 25) “wherein the flow channel network includes nodes and links connecting the nodes” (pre-solution data gathering), and “performing the process includes calculating fluid property information of the flow channel network based on a relationship between a flow rate and a pressure difference” (mathematical concept); (claims 26-27) “wherein the fluid property information comprises a pressure at each node in the flow channel network”; “wherein the fluid property information comprises a flow rate in each link in the flow channel network” (mental process), (claim 28) “display the flow channel network with the fluid property information” (WURC post-solution activities); (claim 29) “adjust a measurement of the flow channel network in accordance with the fluid property information” (WURC post-solution activities); (claim 30) “obtaining the information representing the flow channel network includes obtaining the information from a sketch of the nodes and the links” (data gathering), and “calculating the fluid property information includes determining an equivalent diameter of a flow channel in accordance with the flow channel width and the flow channel depth of each link and machining variables determined based on a processing method” (mathematical concept); (31) “wherein the flow channel network is a first flow channel network”(data gathering) , and “if the processing method is stamping, calculate fluid property information of a second flow channel network for the flow channel network, the second flow channel network formed by recesses and protrusions stamped to a thin plate to conform to the first flow channel network” (mathematical concept); (claim 32) “obtain a value of a variable that determines a measurement of the flow channel network” (data gathering); and “calculate the measurement in accordance with the value” (mathematical concept); (claim 33) “wherein the variable that determines the measurement of the flow channel network at least includes a number of repetitions of a partial shape of the flow channel network” (data gathering and processing); all of which further amount to further mathematical concept and/or mental process similar to that already recited by the independent claims and already addressed above and thus are further not patent eligible under 35 USC 101.
Claim Rejections - 35 USC § 102
4. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
5. Claim(s) 16-21, 34-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shapiro (USPG_PUB No. 2010/0204963).
5.1 In considering claims 16, 34-35, Shapiro discloses a design support system, comprising:
a controlling unit that is connected to an input unit (see fig6, para [0049], An example of a computer system 600 is shown in FIG. 6. The computer system 600 includes one or more processors, such as processor 604. 0053] The computer system 600 may also include an input/output (I/O) interface 630, which provides the computer system 600 to access monitor, keyboard, mouse, printer, scanner, plotter, and alike), the controlling unit being configured to: obtain, from the input unit, information representing a flow channel network that simulates a flow channel shape (see para [0008] The present invention discloses a system, method and software product for simulating thermal fluid-structure interaction of bulk flow fluids in finite element analysis used for designing a structure, for example, cooling of a die in hot metal forming process. According to one aspect of the present invention, bulk flow fluids used for cooling are placed in one or more fluid flow paths. In one example, the paths are embedded passages of a metal forming die. In another, the paths are enclosed in a pipe containing cooling fluid. Each of the fluid flow paths has an inlet and an outlet and each having an arbitrary shape and orientation in three-dimensional space there between. Cross-section of the fluid path comprises a simple closed two-dimensional geometric shape such as circle, ellipse, or polygon (e.g., triangle, quadrilateral, pentagon, etc.). [0041] Process 500 starts by receiving a bulk flow fluid and path definition at step 502, for example, placement of cooling passage in a die of a metal forming press, or orientation of piping in a radiator. The bulk fluid and path definition may contain one or more bulk flow fluid paths. Each path is configured to facilitate a particular kind of fluid.); and use a flow channel width and a flow channel depth of the flow channel network, thereby performing a process on the flow channel network (see para One of the popular FEA tasks is to simulate metal forming (e.g., sheet metal stamping or metal part forming). [0004] Metal forming is referred to as a process of manufacturing of thin sheet metal parts or workpieces (e.g., fenders, channels, hub caps, stiffeners, etc.). It involves stretching, drawing and bending a sheet of metal into a desired shape using a hydraulic press 100 that includes at least one upper tool or punch 112 and one lower tool or die 114 shown in FIG. 1. [0008] The present invention discloses a system, method and software product for simulating thermal fluid-structure interaction of bulk flow fluids in finite element analysis used for designing a structure, for example, cooling of a die in hot metal forming process. According to one aspect of the present invention, bulk flow fluids used for cooling are placed in one or more fluid flow paths. In one example, the paths are embedded passages of a metal forming die. In another, the paths are enclosed in a pipe containing cooling fluid. Each of the fluid flow paths has an inlet and an outlet and each having an arbitrary shape and orientation in three-dimensional space there between. Cross-section of the fluid path comprises a simple closed two-dimensional geometric shape such as circle, ellipse, or polygon (e.g., triangle, quadrilateral, pentagon, etc.); the cross-section defines the width and depth of the flow channel; the process performed on the flow channel network is the simulation of running fluid through it to cool a stamping process.). The examiner further notes the word thereby amounts to intended use and that any phrase following the word may not be accorded patentable weight.
5.2 Regarding claim 17, Shapiro teaches that wherein the controlling unit is configured to use the flow channel width, thereby generating a two-dimensional flow channel plan view (see para [0008], In one example, the paths are embedded passages of a metal forming die. Cross-section of the fluid path comprises a simple closed two-dimensional geometric shape such as circle, ellipse, or polygon (e.g., triangle, quadrilateral, pentagon, etc.) the cross-section defines the width and depth of the flow channel); [0034], Another embodiment is that an inlet header manifold connects to all the flow inlets 242a-n and an exit header manifold connects to all the flow outlets 244a-n. The second flow paths 240a-n may be configured to cool a relatively large structure. For illustration simplicity, both the first flow path 220 and the plurality of second flow paths 240 are shown as objects orientated on a two-dimensional plane. The examiner further notes the word thereby amounts to intended use and that any phrase following the word may not be accorded patentable weight.
5.3 As per claim 18, Shapiro teaches that wherein the controlling unit performing the process includes the controlling unit generating, in accordance with characteristics of a processing method, design data of a three-dimensional channel that is obtained by three-dimensionalizing the flow channel network (see para [0008]:...According to one aspect of the present invention, bulk flow fluids used for cooling are placed in one or more fluid flow paths. In one example, the paths are embedded passages of a metal forming die. In another, the paths are enclosed in a pipe containing cooling fluid. Each of the fluid flow paths has an inlet and an outlet and each having an arbitrary shape and orientation in three-dimensional space there between. Cross-section of the fluid path comprises g simple closed two-dimensional geometric shape such as circle, ellipse, or polygon (e.g., triangle, quadrilateral, pentagon, etc....)[...] Each fluid slug can be modeled or represented by a bulk flow fluid elements (BFFE) described below"; [0009]: ''According to another aspect, each BFFE is configured to include the following characteristics: at least one surrounding layer of solid elements representing either the surrounding structure or the pipe wall; a layer of shell elements or Bulk Node Segments representing the outer boundary of the fluid; further see fig2A-B; [0034]: "FIG. 2B shows second exemplary flow paths 240a-n. Each of the flow paths 240a-n includes corresponding inlet 242a-n and outlet 244a-n. Another embodiment is that an inlet header manifold connects to all the flow inlets 242a-1. and an exit header manifold connects to all the flow outlets 244a-n. The second flow paths 240a-n may be configured to cool a relatively large structure. For illustration simplicity, both the first flow path 220 and the plurality of second flow paths 240 are shown as objects orientated on a two-dimensional plane. For defining the flow channel network, the user enters line segments, e.g. on a GUI, which is a 2D screen, and/or their connection point coordinates or similar information. Thus, as in the current application, a 1□-manifold line-segment representation of the channel is defined. From this, the computer creates a 3D volume representation with 3D bulk flow fluid elements (BFFEs) as in Fig.4A, i.e. design data of a three-dimensional channel that is obtained by three-dimensionalizing the flow channel network).
5.4 As per claim 19, Shapiro teaches that if the processing method is stamping, generate the design data in accordance with a shape obtained through the stamping (see para [0003], Similarly, aircraft manufacturers rely upon FEA to predict airplane performance long before the first prototype is ever developed. One of the popular FEA tasks is to simulate metal forming (e.g., sheet metal stamping, cutting, or metal part forming). [0004] Metal forming is referred to as a process of manufacturing of thin sheet metal parts or workpieces (e.g., fenders, channels, hub caps, stiffeners, etc.). It involves stretching, drawing and bending a sheet of metal into a desired shape using a hydraulic press 100 that includes at least one upper tool or punch 112 and one lower tool or die 114 shown in FIG. 1. Stamped metal parts 113 are created when the punch 112 is pressed onto the die 114 in a downward direction shown by arrow 110. Metal forming may also be referred to as a process of manufacturing metal fasteners such as bolts, screws or rivets. Many of the metal forming process require heat to soften the metal (e.g., sheet, bar, tube, wire, etc.) before pressure is applied to alter the shape of the metal to a desired shape.).
5.5 With regards to claim 20, Shapiro teaches that if the processing method is cutting, generate the design data in accordance with a shape obtained through the cutting (see para [0003], Similarly, aircraft manufacturers rely upon FEA to predict airplane performance long before the first prototype is ever developed. One of the popular FEA tasks is to simulate metal forming (e.g., sheet metal stamping, cutting, or metal part forming). [0004] Metal forming is referred to as a process of manufacturing of thin sheet metal parts or workpieces (e.g., fenders, channels, hub caps, stiffeners, etc.). It involves stretching, drawing and bending a sheet of metal into a desired shape using a hydraulic press 100 that includes at least one upper tool or punch 112 and one lower tool or die 114 shown in FIG. 1. Stamped metal parts 113 are created when the punch 112 is pressed onto the die 114 in a downward direction shown by arrow 110. Metal forming may also be referred to as a process of manufacturing metal fasteners such as bolts, screws or rivets. Many of the metal forming process require heat to soften the metal (e.g., sheet, bar, tube, wire, etc.) before pressure is applied to alter the shape of the metal to a desired shape.).
5.6 Regarding claim 21, Shapiro teaches the step to generate, based on arrangement of an element in the flow channel network, a mesh of the three-dimensional flow channel that is obtained by three-dimensionalizing the flow channel network (see para [0010], According to yet another aspect, Bulk Node can be defined by known methods, for example, coordinate (x,y,z) in a Cartesian coordinate system in three-dimension space, where x, y and z are real numbers and coordinate (x,y,z) uniquely defines a point in space. Each Bulk Node Segment is either a quadrilateral or triangular surface area representing pipe wall or fluid passage surface, which surrounds the Bulk Node. and therefore, forming a quadrilateral or triangular mesh, as illustrated by the polygonal mesh surface shown in figure 3 within a BFFE, heat exchange or thermal interaction between the Bulk Node and each of the Bulk Node Segments is through convection and radiation. Bulk Node Element associates one BFFE to another by connecting respective Bulk Nodes. This allows calculation of the conduction and advection thermal interaction or heat exchange between respective Bulk Nodes in the flow direction. Fig.2B further shows adjacent 3D flow channels that are obtained by three-dimensionalizing the corresponding (line segment input of) flow channel networks).
Claim Rejections - 35 USC § 103
6. 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.
6.0 Claim(s) 22-33 are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro (USPG_PUB No. 2010/0204963), in view of Okada et al. (USPG_PUB No. 2010/0094598).
6.7 As per claim 22, Shapiro teaches most of the instant invention including the step calculate a state distribution of a phenomenon caused by a fluid when the fluid flows through the three-dimensional flow channel that is obtained by three-dimensionalizing the flow channel network (see para [0010], Within a BFFE, heat exchange or thermal interaction between the Bulk Node and each of the Bulk Node Segments is through convection and radiation. Bulk Node Element associates one BFFE to another by connecting respective Bulk Nodes. This allows calculation of the conduction and advection thermal interaction or heat exchange between respective Bulk Nodes in the flow direction); however, he does not show output the calculated state distribution. Okada et al. teaches a method in which three-dimensional data can be easily and automatically generated using existing non-three-dimensional data including the step to output the calculated state distribution (see data output unit 112 for outputting the data on a display, para The three-dimensional data conversion unit 123 displays on screen the rendering state resulting from the component shaping process S602 on the display of the data output unit 112.).
Shapiro and Okada et al. are analogous art because they are from the same field of endeavor and that the model analyzes by Okada et al. is similar to that of Shapiro. Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.2 Regarding claims 23, 29, the combined teachings of Shapiro and Okada et al. teaches the step to adjust a measurement of the flow channel network in accordance with the state distribution (see Shapiro para [0048], Process 500 is configured for performing a time-marching thermal fluid-structure interaction simulation for one configuration of a structure. For example, a particular set of cooling passages of a die in a metal forming press is simulated and analyzed. Any new improvement or adjustment may be made to the arrangement or placement (i.e., the fluid and flow path definition) of the cooling fluid passages thereafter. Another simulation can then be performed for the adjusted configuration until a desired configuration has been reached subject to a predefined criterion (e.g., cooling can be achieved in certain amount of time). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.3 With regards to claim 24, the combined teachings of Shapiro and Okada et al. teaches that in accordance with a first design data of a first three-dimensional flow channel that is obtained by three-dimensionalizing the flow channel network, generate second design data of a second three-dimensional flow channel adjacent to the first three-dimensional flow channel (see Shapiro Fig.2B shows adjacent 3D flow channels that are obtained by three-dimensionalizing the corresponding (line segment input of) flow channel networks configured "in accordance to" (meaning e.g. being placed at the same location and orientation, having an offset with respect to each other, or using the same parameters, cross sections and/or BFFE volumes) and "adjacent to" one another, it would have been obvious to a skilled person to copy one flow channel representation at any stage of design (as a 1D manifold in a 2D sketch or in 3D space, or as a volumetric 3D representation) to an adjacent flow channel, and to offer a copying or repetitive pattern generation script or program for automating this task). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.4 As per claim 25, the combined teachings of Shapiro and Okada et al. teaches that wherein the flow channel network includes nodes and links connecting the nodes, and the controlling unit performing the process includes calculating fluid property information of the flow channel network based on a relationship between a flow rate and a pressure difference (see Shapiro para [0010] According to yet another aspect, Bulk Node can be defined by known methods, for example, coordinate (x,y,z) in a Cartesian coordinate system in three-dimension space, where x, y and z are real numbers and coordinate (x,y,z) uniquely defines a point in space. Each Bulk Node Segment is either a quadrilateral or triangular surface area representing pipe wall or fluid passage surface, which surrounds the Bulk Node. Within a BFFE, heat exchange or thermal interaction between the Bulk Node and each of the Bulk Node Segments is through convection and radiation. Bulk Node Element associates one BFFE to another by connecting respective Bulk Nodes. This allows calculation of pressure and/or the conduction and advection thermal interaction or heat exchange between respective Bulk Nodes in the flow direction. [0012] According to one embodiment, the present invention is a method of designing a structure using a time-marching thermal fluid-structure interaction simulation in a finite element analysis. The method comprises at least the following: receiving a bulk flow fluid and path definition that includes one or more flow paths in the structure; defining a plurality of fluid slugs along each of the flow paths, the plurality of fluid slugs is represented by at least a first bulk flow fluid element (BFFE) and a second BFFE, wherein each of the first and second BFFEs comprises a set of thermal interaction characteristics pertinent to corresponding one of the fluid slugs, and the first BFFE and the second BFFE are connected to each other in flow direction of said each of the flow paths; and designing a desirable configuration of the structure based on finite element analysis results obtained by conducting a time-marching thermal interaction simulation of the structure at a plurality of solution cycles, wherein the finite element analysis results comprises effects from a first thermal interaction at said each of the first and second BFFEs and from a second thermal interaction between the first BFFE and the second BFFE at each of the solution cycles.). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.5 With regards to claim 26, the combined teachings of Shapiro and Okada et al. teaches that wherein the fluid property information comprises a pressure at each node in the flow channel network (see Shapiro para [0010] Each Bulk Node Segment is either a quadrilateral or triangular surface area representing pipe wall or fluid passage surface, which surrounds the Bulk Node. Within a BFFE, heat exchange or thermal interaction between the Bulk Node and each of the Bulk Node Segments is through convection and radiation. Bulk Node Element associates one BFFE to another by connecting respective Bulk Nodes. This allows calculation of pressure and/or the conduction and advection thermal interaction or heat exchange between respective Bulk Nodes in the flow direction.). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.6 As per claim 27, the combined teachings of Shapiro and Okada et al. teaches that wherein the fluid property information comprises a flow rate in each link in the flow channel network (see Shapiro para [0029] Time-marching simulation or time-domain analysis refers to an engineering analysis simulation in time domain, for example, a simulation of thermal fluid-structure interaction between the cooling fluid and the die of a metal forming press using a finite element analysis in time domain. [0030], The thermal analog to the above is that the beam carries an axial temperature gradient and material mass flow rate. Further see para [0037]). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.7 Regarding claim 28, the combined teachings of Shapiro and Okada et al. teaches the step to display the flow channel network with the fluid property information (see Okada et al. data output unit 112 for outputting the data on a display, para The three-dimensional data conversion unit 123 displays on screen the rendering state resulting from the component shaping process S602 on the display of the data output unit 112.). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.8 As per claim 30, the combined teachings of Shapiro and Okada et al. teaches the step of obtaining the information representing the flow channel network includes obtaining the information from a sketch of the nodes and the links (see Shapiro para [0012] According to one embodiment, the present invention is a method of designing a structure using a time-marching thermal fluid-structure interaction simulation in a finite element analysis. The method comprises at least the following: receiving a bulk flow fluid and path definition that includes one or more flow paths in the structure; defining a plurality of fluid slugs along each of the flow paths, the plurality of fluid slugs is represented by at least a first bulk flow fluid element (BFFE) and a second BFFE, wherein each of the first and second BFFEs comprises a set of thermal interaction characteristics pertinent to corresponding one of the fluid slugs, and the first BFFE and the second BFFE are connected to each other in flow direction of said each of the flow paths), and the controlling unit calculating the fluid property information includes determining an equivalent diameter of a flow channel in accordance with the flow channel width and the flow channel depth of each link and machining variables determined based on a processing method (see Shapiro para [0010] According to yet another aspect, Bulk Node can be defined by known methods, for example, coordinate (x,y,z) in a Cartesian coordinate system in three-dimension space, where x, y and z are real numbers and coordinate (x,y,z) uniquely defines a point in space. Each Bulk Node Segment is either a quadrilateral or triangular surface area representing pipe wall or fluid passage surface, which surrounds the Bulk Node. Within a BFFE, heat exchange or thermal interaction between the Bulk Node and each of the Bulk Node Segments is through convection and radiation. Bulk Node Element associates one BFFE to another by connecting respective Bulk Nodes. This allows calculation of pressure and/or the conduction and advection thermal interaction or heat exchange between respective Bulk Nodes in the flow direction. [0012] According to one embodiment, the present invention is a method of designing a structure using a time-marching thermal fluid-structure interaction simulation in a finite element analysis. The method comprises at least the following: receiving a bulk flow fluid and path definition that includes one or more flow paths in the structure; defining a plurality of fluid slugs along each of the flow paths, the plurality of fluid slugs is represented by at least a first bulk flow fluid element (BFFE) and a second BFFE, wherein each of the first and second BFFEs comprises a set of thermal interaction characteristics pertinent to corresponding one of the fluid slugs, and the first BFFE and the second BFFE are connected to each other in flow direction of said each of the flow paths; and designing a desirable configuration of the structure based on finite element analysis results obtained by conducting a time-marching thermal interaction simulation of the structure at a plurality of solution cycles, wherein the finite element analysis results comprises effects from a first thermal interaction at said each of the first and second BFFEs and from a second thermal interaction between the first BFFE and the second BFFE at each of the solution cycles.). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.9 Regarding claim 31, the combined teachings of Shapiro and Okada et al. teaches that wherein the flow channel network is a first flow channel network (see Shapiro para[0034] Referring first to FIG. 2A, a first exemplary flow path 220 is shown. The flow path 220 comprises an inlet 222 and an outlet 224, in which fluid enters and exits the flow path 220, respectively. In one example, the flow path 220 may represent a cooling fluid passage embedded in a structure to be cooled (e.g., the die 114 of FIG. 1). In another example, the flow path 220 may represent a cooling coil in a heat exchanger (e.g., radiator, refrigerator, etc.). FIG. 2B shows second exemplary flow paths 240a-n. Each of the flow paths 240a-n includes corresponding inlet 242a-n and outlet 244a-n. Another embodiment is that an inlet header manifold connects to all the flow inlets 242a-n and an exit header manifold connects to all the flow outlets 244a-n. The second flow paths 240a-n may be configured to cool a relatively large structure. For illustration simplicity, both the first flow path 220 and the plurality of second flow paths 240 are shown as objects orientated on a two-dimensional plane. In reality, any of the flow paths may be a passage that twists and turns in a three-dimensional space), and the controlling unit is configured to, if the processing method is stamping, calculate fluid property information of a second flow channel network for the flow channel network, the second flow channel network formed by recesses and protrusions stamped to a thin plate to conform to the first flow channel network (). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.10 As per claim 32, the combined teachings of Shapiro and Okada et al. teaches the step to: obtain a value of a variable that determines a measurement of the flow channel network and calculate the measurement in accordance with the value (see Shapikro para [0046], because the "thermal interaction" that "includes heat exchange between structure and fluid for each BFFE through radiation and convection, and between two associated BFFEs through conduction and advection in the flow direction" of D1 par. [0046] falls under the scope of calculating a "value of a variable that determines a measurement of the flow channel network" in claim 13, wherein the flow channel representation with the BFFEs is "the variable that determines the measurement of the flow channel network" and that "at least includes a number of repetitions of a partial shape of the flow channel network", namely the bulk flow fluid elements (BFFEs) as illustrated in Fig.4A ). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
6.11 Regarding claim 33, the combined teachings of Shapiro and Okada et al. teaches that wherein the variable that determines the measurement of the flow channel network at least includes a number of repetitions of a partial shape of the flow channel network (see para [0046] After the solution is completed in the current solution cycle, the simulation time is incremented by a time increment (.DELTA.t) at step 524. In other words, the current solution cycle is advanced in time. Next at decision 526, it is determined whether the simulation has been finished through a known method. For example, the simulation time at the current solution cycle is compared with a predefined total simulation time, if the current solution cycle time has reached the total simulation time, then the simulation has reached the end. [0047] If `no` at decision 526, process 500 moves back to step 522 to repeat another thermal fluid-structure interaction simulation until decision 526 becomes `yes` and process 500 ends.). Therefore, it would have been obvious to a person of skilled in the art at the time of filing of the applicant’s invention to combine the method of Okada et al. with that of Shapiro because Okada et al. teaches the improvement of quality and ease of design workload (see para [0162]).
Claim Interpretation
7. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
7.1 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
7.2 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “controlling unit” in claim 16-33.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
8. 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.
8.1 Claims 16-35 are 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. Independent claims 16, 34-35 recites the use of width and depth of flow channel, then went on to stay “thereby performing a process on the flow channel network”; it is unclear how the use of the referred width and depth manage to do anything, as the term thereby could amount to intended use and that phrase of performing a process is further unclear as to what process is being performed as intended herein. In fact, it is not even clear how the obtained information representing the flow channel network manages to simulate said flow channel shape as intended in the claims. Claims 34-35 inherit the same defect based on similar recitation. Claim 17 further recites the term “thereby” and inherit the same defect, as the use of flow channel width without doing anything with the data is further present in the claim. Further clarification is respectfully requested in response to this office action.
8.2 Claim 19 recites “if the processing method is stamping, generate the design data in accordance with a shape obtained through the stamping”; it is unclear how said shape could be obtained as claimed and what is used as input to obtain said shape as intended, as there exist a physical stamping, which obtains the shape, or a finite element simulation of a stamping operation on sheet metal and that instead a geometric CAD operation "stamp" (equating a Boolean subtraction) is carried out, or a user-defined channel cross-section is extruded as a recess in a plate along the user-defined flow channel line segments and thus lead to lack of clarity in the claim as to what is use to obtain said shape. Further clarification is respectfully requested in response to this office action.
8.3 Claim 23, 29 recite “adjust a measurement of the flow channel network in accordance with …”; it is unclear what measurement is being adjusted herein, as the term measurement is vague and indefinite. Further clarification is respectfully requested in response to this office action.
8.4 Claim 32 recites “obtain a value of a variable that determines a measurement of the flow channel network; and calculate the measurement in accordance with the value”; it is unclear what is being measured and how said calculation of said measurement could be performed as intended. Further clarification is respectfully requested in response to this office action.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
9.1 Solomon (USPG_PUB No. 2022/0266212) teaches a fluidic device that comprises a first port; a first fluid transport channel in direct fluid communication with the first port.
9.2 Adler (USPG_PUB No. 2021/0027224) teaches systems and methods for determining a candidate route for a pipeline to convey a fluid from a starting location to a destination location over a portion of terrain.
9.3 Combs (USPG_PUB No. 2017/0370826) teaches an apparatus for monitoring particles in a flowing liquid.
10. Claims 16-35 are rejected and this action is non-final. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE PIERRE-LOUIS whose telephone number is (571)272-8636. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EMERSON C PUENTE can be reached at 571-272-3652. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE PIERRE LOUIS/Primary Patent Examiner, Art Unit 2187 August 18, 2026
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