DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Summary
This action is responsive to the application filed on 12/01/2025. Applicant has submitted Claims 1-20 for examination.
Examiner finds the following: 1) Claims 1-20 are rejected; 2) no claims objected to; and 3) no claims allowable.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of Application No. KR10-2021-0006152, filed on 01/15/2021, has been filed in this matter.
Claim Interpretation
Generally: 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.
Response to Arguments and Remarks
Examiner respectfully acknowledges Applicant's arguments, remarks, and amendments.
Applicant’s arguments with respect to the claim have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-5, 7-10, and 12-15 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 20210033570 A1) in view of Lopez (Lopez P, Mabe J, Miró G, Etxeberria L. Low Cost Photonic Sensor for in-Line Oil Quality Monitoring: Methodological Development Process towards Uncertainty Mitigation. Sensors (Basel). 2018 Jun 22;18(7):2015. doi: 10.3390/s18072015. PMID: 29932444; PMCID: PMC6069071).
Regarding Claim 1, Kato discloses:
A transformer lifetime evaluation apparatus using optical properties of methanol included in insulation oil (Kato, FIG. 1, [0029], “the method of diagnosing an oil-immersed electrical apparatus,” and [0032], “Specific examples of the deterioration marker substance include furfural, CO+CO.sub.2, acetone, methanol, and ethanol”), the apparatus comprising:
a first storage part in which a first volume of the insulation oil (Kato, FIG. 4, [0061], “volatilized from the vegetable oil when the vegetable oil is heated (STEP 1), adsorbed on solid-phase micro-extraction fibers (STEP 2), and then analyzed (measured) with a gas chromatography-mass spectrometry apparatus (STEP 3)”) … ;
a second storage part which is provided separately from the first storage part and in which a second volume of the insulation oil not used for insulating the transformer is stored (Kato, FIG. 4, showing a container of vegetable oil that is drawn from);
a light emitting unit configured to emit a light beam having a specific wavelength (Kato, FIG. 5, [0069], gas detector 120, and “the gas sensor may have an infrared-light-detection-type configuration that includes an infrared light source and an infrared light detector”);
a light receiving unit configured to receive the light beam emitted from the light emitting unit (Kato, FIG. 5, [0069], gas detector 120, and “the gas sensor may have an infrared-light-detection-type configuration that includes an infrared light source and an infrared light detector”);
a first optical cable connecting the light emitting unit and the light receiving unit to provide a first movement path for the light beam emitted from the light emitting unit and received by the light receiving unit and disposed to pass through the first storage part (Kato, FIG. 4, [0061], “adsorbed on solid-phase micro-extraction fibers (STEP 2)”); …
… a calculation unit connected to the light receiving unit and configured to receive information on the optical properties of the methanol from the light receiving unit (Kato, [0063], “in the first analysis according to embodiments 1 to 6, the deterioration marker substance (furfural, etc.) in the mineral oil is extracted from the mineral oil with methanol according to the Japanese standards (JPI-5S-58-99), and then analyzed in the form of methanol solution by high-performance liquid chromatography,” and [0064], “By this analysis with methanol extraction, the deterioration marker substance in the mineral oil may be analyzed with high sensitivity. This makes it possible to perform quantitative assessment up to 0.05 mg/kg required by, for example, the international standards (IEC 61198) established by the International Electrotechnical Commission (IEC)”).
Kato discloses the above but does not explicitly disclose:
… a second optical cable connecting the light emitting unit and the light receiving unit to provide a second movement path for the light beam emitted from the light emitting unit and received by the light receiving unit and disposed to pass through the second storage part; and …
However, Kato discloses in [0032]:
The deterioration marker substance is not particularly limited, and it is, for example, a substance produced as the insulating paper (such as cellulose-containing insulating paper) deteriorates. Specific examples of the deterioration marker substance include furfural, CO+CO.sub.2, acetone, methanol, and ethanol. One type of the deterioration marker substance may be analyzed, or multiple types of the substance may be analyzed either simultaneously or separately. (emphasis added)
Based on Examiner’s review of the specification, Examiner understands the above limitation to indicate that the apparatus is able to measure the oil stored in the second storage that has not interacted to mark deterioration in comparison to the oil used for such marking. Even though Kato does not explicitly disclose a separate cable for analysis, Kato does disclose the ability to analyze multiple substances simultaneously or separately. This is, to Examiner understanding, functionally the same as the claimed invention.
Pursuant to MPEP § 2144.04(VI)(B): Duplication of Parts:
In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Examiner understands this separate cable as being a mere duplication of parts. Thus, it would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Kato with additional storage and cables for analysis. PHOSITA would have known about the uses of optical cables as disclosed by Kato and how to add additional cables to modify Kato. PHOSITA would have been motivated to do this as Duplication of Parts.
Kato discloses the above but does not explicitly disclose:
… [insulation oil] that is currently insulating a transformer is stored …
However, Lopez, in a similar field of endeavor (LowCost Photonic Sensor for in-Line Oil Quality Monitoring: Methodological Development Process towards Uncertainty Mitigation), discloses:
… [insulation oil] that is currently insulating a transformer is stored (Lopez, Abstract, “Photonics, electronics, micro-mechanics, fluidics, data processing and analysis has been merged with a deep knowledge in the lubricant degradation process to develop a sensor solution that is able to measure the Oil Degradation Index, Oil Oxidation, Acid Number, Ruler and Membrane Patch Colorimetry data from an in-service lubricating oil sample”) …
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Kato with the ability measure while in use of Lopez. PHOSITA would have known about the techniques to implement the sensor into the transformer while in use as disclosed by Lopez and how to use them to modify Kato. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically using known means to internalize the sensor to monitor the system while in use.
Regarding Claim 2, the combination of Kato and Lopez discloses the limitations of Claim 1, and Kato further discloses:
… wherein the light receiving unit transmits, to the calculation unit, the information on the optical properties of the methanol included in the insulation oil stored in the first storage part and the insulation oil stored in the second storage part (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length”).
Regarding Claim 3, the combination of Kato and Lopez discloses the limitations of Claim 2, and Kato further discloses:
… wherein the optical properties include at least one of absorptivity, reflectance, or a refractive index (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that FIG. 2 shows absorbance over time).
Regarding Claim 4, the combination of Kato and Lopez discloses the limitations of Claim 1, and Kato further discloses:
… wherein the calculation unit includes:
a methanol content analysis unit configured to calculate a methanol content included in the insulation oil of the transformer based on the light beam having the specific wavelength (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that chromatographers operate based on measuring substances based on the specific known wavelengths interactions of the substances used);
a polymerization degree calculation unit configured to calculate a polymerization degree of insulation paper provided in the transformer based on the calculated methanol content (Kato, [0047], “From the concentration of the deterioration marker substance measured in the first analysis (α), the average degree of polymerization of the insulating paper is estimated”); and
a lifetime evaluation unit configured to evaluate a lifetime of the transformer based on the calculated polymerization degree (Kato, [0047], “From the concentration of the deterioration marker substance measured in the first analysis (α), the average degree of polymerization of the insulating paper is estimated”).
Regarding Claim 5, the combination of Kato and Lopez discloses the limitations of Claim 4, and Kato further discloses:
… wherein the methanol content analysis unit calculates the methanol content included in the insulation oil of the transformer based on an absorbance of the methanol transmitted from the light receiving unit (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that FIG. 2 shows absorbance over time).
Regarding Claim 7, the combination of Kato and Lopez discloses the limitations of Claim 3, and Kato further discloses:
… wherein the calculation unit compares the optical properties of the methanol stored in the first storage part and the second storage part and determines that the transformer is unusable when a difference value between the optical properties exceeds a set range (Kato, [0059], “in estimating the average degree of polymerization of the insulating paper from the concentration of the deterioration marker substance (or concentration difference), a mathematical relation between the concentration of the deterioration marker substance and the average degree of polymerization of the insulating paper is used. Different mathematical relations are used for mineral oil and for vegetable oil”).
Regarding Claim 8, the combination of Kato and Lopez discloses the limitations of Claim 1, and Kato further discloses:
… the method comprising:
emitting, by the light emitting unit, the light beam having the specific wavelength to the insulation oil stored in the first storage part and the second storage part (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that chromatographers operate based on measuring substances based on the specific known wavelengths interactions of the substances used);
transmitting, by the light receiving unit, the information on the optical properties of the methanol stored in the first storage part and the second storage part to the calculation unit (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length”); and
comparing, by the calculation unit, the optical properties of the methanol stored in the first storage part and the second storage part (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length,” and [0032], “One type of the deterioration marker substance may be analyzed, or multiple types of the substance may be analyzed either simultaneously or separately”).
Regarding Claim 9, the combination of Kato and Lopez discloses the limitation of Claim 8, and Kato further discloses:
… determining, by the calculation unit, that the transformer is unable when a difference value between the optical properties of the methanol stored in the first storage part and the second storage part exceeds a set range (Kato, [0059], “in estimating the average degree of polymerization of the insulating paper from the concentration of the deterioration marker substance (or concentration difference), a mathematical relation between the concentration of the deterioration marker substance and the average degree of polymerization of the insulating paper is used. Different mathematical relations are used for mineral oil and for vegetable oil”).
Regarding Claim 10, the combination of Kato and Lopez discloses the limitations of Claim 8, and Kato further discloses:
… further comprising:
calculating, by the calculation unit, a content of the methanol included in the insulation oil stored in the first storage part (Kato, [0063], “in the first analysis according to embodiments 1 to 6, the deterioration marker substance (furfural, etc.) in the mineral oil is extracted from the mineral oil with methanol according to the Japanese standards (JPI-5S-58-99), and then analyzed in the form of methanol solution by high-performance liquid chromatography”);
calculating, by the calculation unit, a polymerization degree of insulation paper provided in the transformer based on the content of the methanol of the first storage part (Kato, [0047], “From the concentration of the deterioration marker substance measured in the first analysis (α), the average degree of polymerization of the insulating paper is estimated”); and
evaluating, by the calculation unit, a lifetime of the transformer based on the calculated polymerization degree (Kato, [0047], “From the concentration of the deterioration marker substance measured in the first analysis (α), the average degree of polymerization of the insulating paper is estimated”).
Regarding Claim 11, the combination of Kato and Lopez discloses the limitation of Claim 10, and Kato further discloses:
… wherein, in the evaluating of, by the calculation unit, the lifetime of the transformer based on the calculated polymerization degree (Kato, [0047], “From the concentration of the deterioration marker substance measured in the first analysis (α), the average degree of polymerization of the insulating paper is estimated”),
… determining, by the calculation unit, that the transformer is unusable when the calculated polymerization degree is smaller than or equal to a set lifetime point limit (Kato, [0059], “in estimating the average degree of polymerization of the insulating paper from the concentration of the deterioration marker substance (or concentration difference), a mathematical relation between the concentration of the deterioration marker substance and the average degree of polymerization of the insulating paper is used. Different mathematical relations are used for mineral oil and for vegetable oil”).
Regarding Claim 12, Kato discloses:
A transformer lifetime evaluation method using optical properties of methanol included in insulation oil (Kato, FIG. 1, [0029], “the method of diagnosing an oil-immersed electrical apparatus,” and [0032], “Specific examples of the deterioration marker substance include furfural, CO+CO.sub.2, acetone, methanol, and ethanol”), … the method comprising:
providing a light beam (Kato, FIG. 5, [0069], gas detector 120, and “the gas sensor may have an infrared-light-detection-type configuration that includes an infrared light source and an infrared light detector”) having a predetermined specific wavelength to the insulation oil or receiving the light beam having the predetermined specific wavelength (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length”); …
… acquiring a methanol content included in the insulation oil of the transformer (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that FIG. 2 shows absorbance over time) … ;
calculating a polymerization degree through the acquired methanol content (Kato, [0047], “From the concentration of the deterioration marker substance measured in the first analysis (α), the average degree of polymerization of the insulating paper is estimated”); and
evaluating a lifetime of the transformer based on the calculated polymerization degree (Kato, [0047], “From the concentration of the deterioration marker substance measured in the first analysis (α), the average degree of polymerization of the insulating paper is estimated”).
Kato discloses the above but does not explicitly disclose:
… transmitting the light beam through a second movement path defined by a second optical cable disposed through a second storage part containing a second volume of the insulation oil, …
However, Kato discloses in [0032]:
The deterioration marker substance is not particularly limited, and it is, for example, a substance produced as the insulating paper (such as cellulose-containing insulating paper) deteriorates. Specific examples of the deterioration marker substance include furfural, CO+CO.sub.2, acetone, methanol, and ethanol. One type of the deterioration marker substance may be analyzed, or multiple types of the substance may be analyzed either simultaneously or separately. (emphasis added)
Based on Examiner’s review of the specification, Examiner understands the above limitation to indicate that the apparatus is able to measure the oil stored in the second storage that has not interacted to mark deterioration in comparison to the oil used for such marking. Even though Kato does not explicitly disclose a separate cable for analysis, Kato does disclose the ability to analyze multiple substances simultaneously or separately. This is, to Examiner understanding, functionally the same as the claimed invention.
Pursuant to MPEP § 2144.04(VI)(B): Duplication of Parts:
In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Examiner understands this separate cable as being a mere duplication of parts. Thus, it would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Kato with additional storage and cables for analysis. PHOSITA would have known about the uses of optical cables as disclosed by Kato and how to add additional cables to modify Kato. PHOSITA would have been motivated to do this as Duplication of Parts.
Kato discloses the above but does not explicitly disclose:
… oil used in a transformer undergoing evaluation, …
… transmitting a light beam having a predetermined specific wavelength through a first movement path defined by a first optical cable disposed through a first storage part containing a first volume of the insulation oil that currently insulates the transformer; …
… wherein the second volume that is not used for insulating the transformer and is not mixed with the first volume; …
… using the light beam having the predetermined specific wavelength having traveled through the first movement path and the second movement path …
However, Lopez, in a similar field of endeavor (LowCost Photonic Sensor for in-Line Oil Quality Monitoring: Methodological Development Process towards Uncertainty Mitigation), discloses:
… oil used in a transformer undergoing evaluation (Lopez, Abstract, “Photonics, electronics, micro-mechanics, fluidics, data processing and analysis has been merged with a deep knowledge in the lubricant degradation process to develop a sensor solution that is able to measure the Oil Degradation Index, Oil Oxidation, Acid Number, Ruler and Membrane Patch Colorimetry data from an in-service lubricating oil sample”), …
… transmitting a light beam having a predetermined specific wavelength (Lopez, P15, Table 5) through a first movement path defined by a first optical cable disposed through a first storage part containing a first volume of the insulation oil that currently insulates the transformer (Lopez, Abstract, “Photonics, electronics, micro-mechanics, fluidics, data processing and analysis has been merged with a deep knowledge in the lubricant degradation process to develop a sensor solution that is able to measure the Oil Degradation Index, Oil Oxidation, Acid Number, Ruler and Membrane Patch Colorimetry data from an in-service lubricating oil sample”); …
… wherein the second volume that is not used for insulating the transformer and is not mixed with the first volume (Examiner notes that an included reference volume would inherently not be mixed with the first volume as to maintain its reference value); …
… using the light beam having the predetermined specific wavelength having traveled through the first movement path and the second movement path (Lopez, P15, Table 5) …
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify Kato with the ability measure while in use of Lopez. PHOSITA would have known about the techniques to implement the sensor into the transformer while in use as disclosed by Lopez and how to use them to modify Kato. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically using known means to internalize the sensor to monitor the system while in use.
Regarding Claim 13, the combination of Kato and Lopez discloses the limitations of Claim 12, and Kato further discloses:
… wherein the optical properties include absorptivity, reflectance, and a refractive index (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that FIG. 2 shows absorbance over time).
Regarding Claim 14, the combination of Kato and Lopez discloses the limitations of Claim 12, and Kato further discloses:
… wherein calculating of the methanol content included in the insulation oil of the transformer based on the light beam having the predetermined specific wavelength includes:
acquiring an absorbance according to the optical properties of the methanol based on the light beam having the predetermined specific wavelength (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that chromatographers operate based on measuring substances based on the specific known wavelengths interactions of the substances used); and
calculating the methanol content included in the insulation oil of the transformer based on the acquired absorbance (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that FIG. 2 shows absorbance over time).
Regarding Claim 15, the combination of Kato and Lopez discloses the limitations of Claim 12, and Kato further discloses:
… wherein the predetermined specific wavelength is in a wavelength band of a section having an absorbance of a specific magnitude or more while having a graph distribution at regular intervals (Kato, FIG. 2, [0045], “The concentration of the deterioration marker substance in the insulating oil (mineral oil) immediately before the changing to vegetable oil (a) is measured (see the lower graph in FIG. 2). In the lower graph in FIG. 2, the slope of the plot of the concentration of the deterioration marker substance for the time period of operation before the changing is very steep, and it is because the time period of operation before the changing is shown shorter in the graph than its actual length.” Examiner notes that chromatographers operate based on measuring substances based on the specific known wavelengths interactions of the substances used).
Regarding Claim 19, the combination of Kato and Lopez discloses the limitations of Claim 12, and Kato further discloses:
… wherein evaluating the lifetime of the transformer based on the calculated polymerization degree includes determining that the transformer is unusable when the calculated polymerization degree is smaller than or equal to a predetermined lifetime point limit (Kato, [0059], “in estimating the average degree of polymerization of the insulating paper from the concentration of the deterioration marker substance (or concentration difference), a mathematical relation between the concentration of the deterioration marker substance and the average degree of polymerization of the insulating paper is used. Different mathematical relations are used for mineral oil and for vegetable oil”).
Regarding Claim 20, the combination of Kato and Lopez discloses the limitations of Claim 19, and Kato further discloses:
… wherein the predetermined lifetime point limit corresponds to a case in which the calculated polymerization degree is 400 (Kato, FIG. 3, showing average degree of polymerization at, above, and below 400).
Additionally, Lopez discusses in Table 5 about determining the lifetime point of the oil measured based on the values on received.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 20210033570 A1), in view of Lopez (Lopez P, Mabe J, Miró G, Etxeberria L. Low Cost Photonic Sensor for in-Line Oil Quality Monitoring: Methodological Development Process towards Uncertainty Mitigation. Sensors (Basel). 2018 Jun 22;18(7):2015. doi: 10.3390/s18072015. PMID: 29932444; PMCID: PMC6069071), and in further view of Nadal (Nadal, Jessica & Toledo, Maria & Pupo, Yasmine & Padilha, Josiane & Farago, Paulo & Zanin, Sandra. (2015). A Stability-Indicating HPLC-DAD Method for Determination of Ferulic Acid into Microparticles: Development, Validation, Forced Degradation, and Encapsulation Efficiency. Journal of Analytical Methods in Chemistry. 2015. 1-10. 10.1155/2015/286812.)
Regarding Claim 6, the combination of Kato and Lopez discloses the limitations of Claim 1, but does not explicitly disclose:
… wherein the specific wavelength is in a band in a range of 317 nm to 328 nm.
However, Nadal, in a similar field of endeavor (A Stability-Indicating HPLC-DAD Method for Determination of Ferulic Acid into Microparticles: Development, Validation, Forced Degradation, and Encapsulation Efficiency), discloses:
… wherein the specific wavelength is in a band in a range of 317 nm to 328 nm (Nadal, Abstract, “Chromatographic conditions consisted of a RP C18 column (250 mm × 4.60 mm, 5 μm, 110 Å) using a mixture of methanol and water pH 3.0 (48 : 52 v/v) as mobile phase at a flow rate of 1.0 mL/min with UV detection at 320 nm”).
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Kato and Lopez with the wavelengths of Nadal. PHOSITA would have known about the uses of those wavelengths as disclosed by Nadal and how to use them to modify the combination of Kato and Lopez. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of a known wavelength for detecting and measure substances mixed with methanol.
Regarding Claim 16, the combination of Kato and Lopez discloses the limitations of Claim 15, but does not explicitly disclose:
… wherein the wavelength band of the section having the absorbance of the specific magnitude or more while having the graph distribution at regular intervals is greater than or equal to 317 nm and smaller than or equal to 328 nm.
However, Nadal, in a similar field of endeavor (A Stability-Indicating HPLC-DAD Method for Determination of Ferulic Acid into Microparticles: Development, Validation, Forced Degradation, and Encapsulation Efficiency), discloses:
… … wherein the wavelength band of the section having the absorbance of the specific magnitude or more while having the graph distribution at regular intervals is greater than or equal to 317 nm and smaller than or equal to 328 nm (Nadal, Abstract, “Chromatographic conditions consisted of a RP C18 column (250 mm × 4.60 mm, 5 μm, 110 Å) using a mixture of methanol and water pH 3.0 (48 : 52 v/v) as mobile phase at a flow rate of 1.0 mL/min with UV detection at 320 nm”).
It would have been obvious to PHOSITA before the effective filing date of the claimed invention to modify the combination of Kato and Lopez with the wavelengths of Nadal. PHOSITA would have known about the uses of those wavelengths as disclosed by Nadal and how to use them to modify the combination of Kato and Lopez. PHOSITA would have been motivated to do this as a use of known technique to improve similar devices in the same way (See MPEP § 2143 (I)(C)), specifically the use of a known wavelength for detecting and measure substances mixed with methanol.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 20210033570 A1), in view of Lopez (Lopez P, Mabe J, Miró G, Etxeberria L. Low Cost Photonic Sensor for in-Line Oil Quality Monitoring: Methodological Development Process towards Uncertainty Mitigation. Sensors (Basel). 2018 Jun 22;18(7):2015. doi: 10.3390/s18072015. PMID: 29932444; PMCID: PMC6069071), and in further view of Ortiz (Ortiz et. al., Estimating the age of power transformers using the concentration of furans in dielectric oil, International Conference on Renewable Energies and Power Quality, ISSN 2172-038 X, No. 14 May 2016).
Regarding Claim 17, the combination of Kato and Lopez discloses the limitations of Claim 12, but Kato does not explicitly disclose:
… wherein, in calculating the polymerization degree through the acquired methanol content, the polymerization degree is calculated through [Equation 1],
D
P
=
e
x
p
[
a
-
l
n
(
M
e
O
H
p
p
m
)
b
]
(DP denotes the polymerization degree, MeOH denotes the methanol content, a denotes a first reference value, and b denotes a second reference value).
However, Ortiz, in a similar field of endeavor (Estimating the age of power transformers using the concentration of furans in dielectric oil), discloses numerous equations on page 1013. Examiner notes that the claimed equation is similar to and uses many aspects of various methods and equations from Ortiz, and it would be obvious to PHOSITA to use one of these known methods or equations, or a variation thereof, when determining the polymerization degree. It is obvious to try any number of these, or a variation thereof, to determine the polymerization degree.
Regarding Claim 18, the combination of Kato, Lopez, and Ortiz discloses the limitations of Claim 17, but Kato does not explicitly disclose:
… wherein the first reference value is any value between 56.55 that is a lower limit of the first reference value and 73.5 that is an upper limit of the first reference value, and the second reference value is any value between 8.5 that is a lower limit of the second reference value and 11.15 that is an upper limit of the second reference value.
However, the reference values are a result-effective variable. In that, if the reference values is too low or too high, the parameters of the system would not function properly for the purposes of the calculations.
Therefore, it would have been obvious to one having ordinary skill in the art before applicant’s filing date to include:
… wherein the first reference value is any value between 56.55 that is a lower limit of the first reference value and 73.5 that is an upper limit of the first reference value, and the second reference value is any value between 8.5 that is a lower limit of the second reference value and 11.15 that is an upper limit of the second reference value.
since determining the optimum reference values is based on a result effective variable and would require routine skill in the art. Furthermore, it has been held that that determining the optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II (A) and (B)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD A REVERMAN whose telephone number is (571)270-0079. The examiner can normally be reached Mon-Fri 9-5 EST.
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/CHAD ANDREW REVERMAN/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877