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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
DETAILED ACTION
Claims status
Claims 1-22 are pending as the applicant filed Preliminary Amendment on 08/01/2023.
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 1-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for inspecting an industrial equipment in an operating space, the method comprising the following steps performed by a processor:
receiving image data, detected by a measurement device and representative of an image including at least one component of the industrial equipment
processing the image data by machine vision algorithms to identify a control
parameter; processing of the image data and determining a dimensional measurement, by machine vision algorithms, corresponding to the identified control parameter appears an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of formulating and sending a read request to a memory, based on the identified control parameter; sending an allowable maintenance value, representative of an allowable value of
the identified control parameter are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? The additional element of comparing the allowable maintenance value with the dimensional measurement; generating a diagnosis, based on the comparison between the allowable maintenance value and the dimensional measurement appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 22, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for inspecting an industrial equipment, the method comprising the following steps: positioning the industrial equipment at a predetermined inspection location inside an inspection zone of a measurement apparatus; measuring measurement data, representing dimensional measurements performed on the industrial equipment; detecting parameter data, each associated with a corresponding measurement data and representing a respective parameter of the industrial equipment to which the measurement data relates; moving the measurement device around the industrial equipment;
- receiving measurement data and parameter data in a control unit appears an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of - identifying, for each parameter data, the corresponding parameter of the industrial equipment; recovering, for each parameter of the industrial equipment, a corresponding limit maintenance value are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? The additional element of comparing, for each parameter of the industrial equipment, between the corresponding limit maintenance value and the corresponding measurement data; diagnosing the industrial equipment, on the basis of the comparison, for each parameter of the industrial equipment, between the corresponding limit maintenance value and the corresponding measurement data appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 22 not eligible.
Claim 2 related to a step of generating display data, representative of a modified image, including the image received via the image data and one or more geometric features, representative of dimensions and edges of the features identified in the image and a step of loading the display data onto a display unit of a device, to display the modified image in real time appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 2 not eligible.
Claim 3 related to wherein the processor updates the display data as the image data changes, in real time appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 3 not eligible.
Claim 4 related to generating interaction data, representative of one or more selection commands with which a user can interact; loading the interaction data into a display unit of a device, to enable interaction with the user; receiving control data, entered by the user based on the selected command, wherein the control data are representative of one or more of the listed steps to be performed by the processor: saving the image data and/or the dimensional value calculated from the image data ; setting of the number of useful working hours remaining; request for immediate maintenance intervention; scheduling a preventive maintenance intervention appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 4 not eligible.
Claim 5 related to wherein the image data is representative of a distance between links of a chain of the industrial equipment, adjacent to each other, and wherein the limit maintenance value includes a limit distance value between two successive links appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 5 not eligible.
Claim 6 related to receiving reference data, identifying a shape, a colour or a outline of a component; identifying the control parameter based on the reference data appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 6 not eligible.
Claim 7 related to comprising a step of receiving acknowledgement data, entered by a user to confirm or reject a control parameter identification performed by the processor, and wherein the processor updates the reference data based on the acknowledgment data appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 7 not eligible.
Claim 8 related to a processor, configured to perform the steps of the method, a memory, including allowable maintenance values; a display unit, configured to show a diagnosis of the industrial equipment; one or more selection commands, configured to allow control data to be entered by a maintenance user; a measurement device, configured to capture image data, representative of an image including at least one component of the industrial equipment appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 8 not eligible.
Claim 9 related to a wireless connection and configured for transmitting the image data to a remote server, including a remote memory, and wherein the device is a mobile device, wearable by a maintenance user appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 9 not eligible.
Claim 10 related to a computer program including instructions for executing the method when launched on the device appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 10 not eligible.
Claim 11 related to a system for inspecting an industrial equipment comprising: a measurement apparatus including: an inspection zone, configured to house the industrial equipment at a predetermined inspection location; a measurement device, configured for detecting measurement data, representative of measurements performed on the industrial equipment, and parameter data, each associated with a corresponding measurement data and representative of a respective parameter of the industrial equipment to which the measurement data relates, the measurement device being a device, a handling device, configured for moving the measurement device around the industrial equipment; a memory , including, for each parameter of the industrial equipment, a corresponding limit maintenance value; a control unit, programmed for receiving the measurement data and the parameter data characterised in that the control unit is programmed for: identifying, for each parameter data, the corresponding parameter of the industrial equipment; retrieving, for each parameter of the industrial equipment the corresponding limit maintenance value; comparing, for each parameter of the industrial equipment, the corresponding limit maintenance value and the corresponding measurement data; performing a diagnosis of the industrial equipment, based on the comparison, for each parameter of the industrial equipment, between the corresponding limit maintenance value and the corresponding measurement data appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 11 not eligible.
Claim 12 related to a two-dimensional video camera or a three- dimensional video camera appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 12 not eligible.
Claim 13 related to wherein the parameter data are image data, detected by the video camera and wherein the control unit is programmed to identify the parameter corresponding to the parameter data based on image recognition algorithms appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 13 not eligible.
Claim 14 related to a remote server, in which is allocated the memory and wherein the control unit comprises a transmission unit and a processing unit, wherein the transmission unit is associated with the measurement device and is configured to send the measurement data and the parameter data to the processing unit, which resides on the remote server appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 14 not eligible.
Claim 15 related to a user interface, including a display, and wherein the control unit is programmed to show diagnosis results on the display, the user interface comprising selection commands, by which the user can confirm or reject the diagnosis appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 15 not eligible.
Claim 16 related to a handling device, configured for moving the measurement apparatus inside an operating space in which the industrial equipment is used appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 16 not eligible.
Claim 17 related to a drone, which can be controlled remotely inside the operating space appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 17 not eligible.
Claim 18 related to wherein the measurement device performs a contact measurement appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 18 not eligible.
Claim 19 related to wherein the handling device comprises a robotic arm, movable by translation along three axes perpendicular to each other and rotating about each of said three axes appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 19 not eligible.
Claim 20 related to wherein the parameters of the industrial equipment subject to measurement can be selected from one or more of the following parameters: - wheel diameters; thickness of the forks; wear of the chains appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 20 not eligible.
Claim 21 related to wherein the control unit is programmed for: storing in the memory a log of the measurements, including a set of measurement data of a parameter for a same equipment; determining, on the basis of the log of the measurements, a rate of wear; programming, on the basis of the rate of wear, one or more preventive maintenance interventions appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 21 not eligible.
b. Claims 8, 11-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims are drawn to a "memory". The broadest reasonable interpretation of a claim drawn to a computer memory covers forms of non-transitory memory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer memory, particularly when the specification is silent (see MPEP 2111.01). Because the broadest reasonable interpretation covers a signal per se, a rejection under 35 USC 101 is appropriate as covering non-statutory subject matter. See 351 OG 212, Feb 23 2010.
The Examiner suggests that Applicant amends the claims as follows: "non-transitory computer readable medium memory containing computer instructions stored therein for causing a computer processor to perform".
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-16, 20-22 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Gilbert et al. (US Patent Application Publication 20200402219, Date Published: 2020-12-24)
Regarding claim 1:
Gilbert described a method for inspecting an industrial equipment in an operating space (abstract), the method comprising the following steps performed by a processor (0036, processor) receiving image data, detected by a measurement device and representative of an image including at least one component of the industrial equipment processing the image data by machine vision algorithms to identify a control parameter (fig. 2, inspection data, fig. 4, imagine data 418, 320);
processing of the image data and determining a dimensional measurement (0044, dimension), by machine vision algorithms, corresponding to the identified control parameter (fig. 2, camera); formulating and sending a read request to a memory, based on the identified control parameter (0005, 0115, read from send send the inspection data); sending an allowable maintenance value , representative of an allowable value of the identified control parameter (0100, threshold or the quantity of similarity is above a threshold); comparing the allowable maintenance value with the dimensional measurement (0100, image comparator, compares the live camera data); generating a diagnosis, based on the comparison between the allowable maintenance value and the dimensional measurement (fig. 4, 446, send inspection data, 0110, relative to the vehicle, dimensions of vehicle parts can be measured).
Regarding claim 22:
Gilbert described a method for inspecting an industrial equipment (abstract), the method comprising the following steps: positioning the industrial equipment at a predetermined inspection location inside an inspection zone of a measurement apparatus (fig. 1); measuring measurement data, representing dimensional measurements performed on the industrial equipment (0110, relative to the vehicle, dimensions of vehicle parts can be measured); detecting parameter data, each associated with a corresponding measurement data and representing a respective parameter of the industrial equipment to which the measurement data relates (0110, relative to the vehicle, dimensions of vehicle parts can be measured); moving the measurement device around the industrial equipment (0030, moved the camera to focus on the area indicated by the first arrow); receiving measurement data and parameter data in a control unit (fig. 2, receive inspection data); identifying, for each parameter data, the corresponding parameter of the industrial equipment (fig. 3, 306);
recovering, for each parameter of the industrial equipment, a corresponding limit maintenance value (0100, threshold or the quantity of similarity is above a threshold); comparing, for each parameter of the industrial equipment, between the corresponding limit maintenance value and the corresponding measurement data (0100, threshold or the quantity of similarity is above a threshold); diagnosing the industrial equipment, on the basis of the comparison (0100, image comparator, compares the live camera data), for each parameter of the industrial equipment, between the corresponding limit maintenance value and the corresponding measurement data (fig. 4, 446, send inspection data, 0110, relative to the vehicle, dimensions of vehicle parts can be measured).
Regarding claim 2, Gilbert further described a step of generating display data (0041, to be display), representative of a modified image, including the image received via the image data and one or more geometric features, representative of dimensions and edges of the features identified in the image and a step of loading the display data onto a display unit of a device, to display the modified image in real time (fig. 4, image comparator, 0041, use in real world).
Regarding claim 3, Gilbert further described wherein the processor updates the display data as the image data changes, in real time (0071, update imagine data, 0041, use in real world).
Regarding claim 4, Gilbert further described an interaction step, comprising the following steps: generating interaction data, representative of one or more selection commands with which a user can interact (fig. 3, 324, user interface); - loading the interaction data into a display unit of a device (0044, display), to enable interaction with the user (0044, to adjust augmented reality overlays to enable the system to measure vehicle parts); receiving control data, entered by the user based on the selected command, wherein the control data are representative of one or more of the listed steps to be performed by the processor (0044, to adjust augmented reality overlays to enable the system to measure vehicle parts): saving the image data (fig. 4, store data, 0064-0065, store in second device or first device) and/or the dimensional value calculated from the image data; setting of the number of useful working hours remaining; request for immediate maintenance intervention; scheduling a preventive maintenance intervention.
Regarding claim 5, Gilbert further described wherein the image data is representative of a distance between links of a chain of the industrial equipment (0090, distance from the point of interest to the camera, 0110, user may utilize adjustable overlays to help the inspection image analyzer), adjacent to each other, and wherein the limit maintenance value includes a limit distance value between two successive links (0100, including threshold).
Regarding claim 6, Gilbert further described receiving reference data, identifying a shape (0100, can overlay a circular/elliptical shape that the user can adjust to match the tire), a colour or a outline of a component; identifying the control parameter based on the reference data (0192, displays a color).
Regarding claim 7, Gilbert further described a step of receiving acknowledgement data, entered by a user to confirm or reject a control parameter identification performed by the processor, and wherein the processor updates the reference data based on the acknowledgment data (fig. 5, additional inspection?).
Regarding claim 8, Gilbert further described a memory (0069, memory), including allowable maintenance values (0100, threshold); a display unit (0113, display), configured to show a diagnosis of the industrial equipment (fig. 5); one or more selection commands (0042, select locations), configured to allow control data to be entered by a maintenance user (0100, threshold); a measurement device (fig. 1, 108), configured to capture image data (fig. 1, 102), representative of an image including at least one component of the industrial equipment (fig. 1 116).
Regarding claim 9, Gilbert further described comprising a wireless connection and configured for transmitting the image data to a remote server (0059, wireless network, 0118, server), including a remote memory, and wherein the device is a mobile device, wearable by a maintenance user (0040, use by technician for maintenance).
Regarding claim 10, Gilbert further described when launched on the device (fig. 2).
Regarding claim 11, Gilbert further described a measurement apparatus (fig. 2, 210) including:- an inspection zone (fig. 4, 320), configured to house the industrial equipment at a predetermined inspection location (0125, location is define by user); a measurement device (fig. 5, 502), configured for detecting measurement data (fig. 5, 504), representative of measurements performed on the industrial equipment (fig. 1), and parameter data (fig. 5, 506), each associated with a corresponding measurement data (fig. 5, 508) and representative of a respective parameter (fig. 5, 508) of the industrial equipment to which the measurement data (fig. 1) relates, the measurement device being a device a handling device (fig. 5, 510), configured for moving the measurement device around the industrial equipment (fig. 1); a memory (0133), including, for each parameter of the industrial equipment (fig. 1), a corresponding limit maintenance value (0100, threshold); - a control unit (fig. 5), programmed for receiving the measurement data (0116, programmable processor) and the parameter data (fig. 5,502), characterised in that the control unit (fig. 5, 502) is programmed for: identifying, for each parameter data (fig. 502-510), the corresponding parameter of the industrial equipment (fig. 1); retrieving, for each parameter (fig. 5, 510) of the industrial equipment (fig. 1), the corresponding limit maintenance value; comparing, for each parameter (0192, threshold amount of error) of the industrial equipment (fig. 1), the corresponding limit maintenance value (0192, threshold amount of error) and the corresponding measurement data (fig. 5, 510); performing a diagnosis (fig. 5, 504) of the industrial equipment (fig. 1), based on the comparison, for each parameter (fig. 5, 502-510) of the industrial equipment (fig. 1), between the corresponding limit maintenance value and the corresponding measurement data (0212, maintenance problem).
Regarding claim 12, Gilbert further described a two-dimensional video camera (0042, other cameras can be use) or a three- dimensional video camera.
Regarding claim 13, Gilbert further described wherein the parameter data are image data, detected by the video camera and wherein the control unit is programmed to identify the parameter corresponding to the parameter data based on image recognition algorithms (fig. 5, 504-518, 0081, programmable processor).
Regarding claim 14, Gilbert further described a remote server (0053, remote assessment of the vehicle condition), in which is allocated the memory (0053 processor) and wherein the control unit comprises a transmission unit (0053, send) and a processing unit, wherein the transmission unit (0043, receive/send) is associated with the measurement device and is configured to send the measurement data and the parameter data to the processing unit , which resides on the remote server (0053, remote assessment of the vehicle condition, inspection images captured).
Regarding claim 15, Gilbert further described a user interface (fig. 4, 432, fig. 9a, 9b, 0126, user selection), including a display (0237, display ), and wherein the control unit is programmed to show diagnosis results on the display (fig. 9a, 9b), the user interface comprising selection commands, by which the user can confirm or reject the diagnosis (fig. 9a, 9b, 0126, user selection).
Regarding claim 16, Gilbert further described a handling device, configured for moving the measurement apparatus inside an operating space in which the industrial equipment is used (0183, mobile device can be anywhere).
Regarding claim 20, Gilbert further described subject to measurement can be selected from one or more of the following parameters: wheel diameters (0044, 0186, wheel diameter); - thickness of the forks; - wear of the chains.
Regarding claim 21, Gilbert further described wherein the control unit is programmed for: storing in the memory a log of the measurements (0069, memory), including a set of measurement data of a parameter for a same equipment (0004, vehicle of a same type); determining, on the basis of the log of the measurements (0044, operating distance traveled, operating hours logged,), a rate of wear; - programming, on the basis of the rate of wear (0043, wear or damage to parts), one or more preventive maintenance interventions (0045, maintenance procedures).
Claim Rejections - 35 USC § 103
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.
Claim(s) 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbert et al. (US Patent Application Publication 20200402219, Date Published:
2020-12-24) in view of CELLA (US Patent Application Publication 20200348662 A1, Date Published: 2020-11-05).
Regarding claim 17, Gilbert further described which can be controlled remotely inside the operating space (0183, mobile device can be anywhere, 0249 ,use on camera ).
Gilbert does not described a drone.
CELLA described a drone (0667), for the purpose of easy service (2455)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Gilbert taught by CELLA to use drone for easy service.
Regarding claim 18, Gilbert further the above except measurement device performs a contact measurement.
CELLA described a contact with the materials (0921), for the purpose of easy service (2455)
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Gilbert taught by CELLA to a contact for easy service.
Note: claim 19 appears have no prior art that teach this limitation in view the invention as a whole
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
January 13, 2026