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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 09/28/2023 have been considered by the examiner (see attached PTO-1449 forms).
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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a method for predicting an amount of corrosion in a steel using, as an index for evaluating the amount of corrosion when the steel is exposed to the outdoors, a corrosion index Q(txi, Wx) of the steel obtained from a weather observation value Wx including a wind speed, a wind direction and an amount of rain for each observation time txi (where i is an integer of 1 to n) at an observation point X, the method comprising:
an extremal value estimation step in which, based on the weather observation value WM at which the observation point X is a scheduled use point M of the steel, a corrosion index Q(tMi, WM) of the steel is obtained for each past observation time tMi, extremal value statistical analysis is performed on time-series data of the corrosion index Q(tMi, WM) between observation times tM1 to tMn, and thus a maximal value Qmax(tFi) of the corrosion index within future evaluation periods tFl to tFn is estimated; and
a corrosion amount estimation step in which a relational expression between a measured corrosion amount obtained in a corrosion test for the steel at a test point Z and a maximum value of a corrosion index Q(tzi, Wz) of the steel obtained for each observation time tzi during a test period of the corrosion test based on a weather observation value Wz at which the observation point X is the test point Z is obtained in advance, the maximal value Qmax(tFi) of the corrosion index estimated in the extremal value estimation step is introduced into the relational expression, and an estimated value of the amount of corrosion in the steel during the evaluation periods is obtained.
Claim 6 recites a system for predicting an amount of corrosion in a steel by an electronic computer using, as an index for evaluating the amount of corrosion when the steel is exposed to the outdoors, a corrosion index Q(txi, Wx) of the steel obtained from a weather observation value Wx including a wind speed, a wind direction and an amount of rain for each observation time txi (where i is an integer of 1 to n) at an observation point X, the system comprising:
an extremal value estimation unit that, based on the weather observation value WM at which the observation point X is a scheduled use point M of the steel, obtains a corrosion index Q(tMi, WM) of the steel for each past observation time tMi, performs extremal value statistical analysis on time-series data of the corrosion index Q(tMi, WM) between observation times tMl to tMn, and thus estimates a maximal value Qmax(tFi) of the corrosion index within future evaluation periods tF1 to tFn; and
a corrosion amount estimation unit that obtains a relational expression between a measured corrosion amount obtained in a corrosion test for the steel at a test point Z and the maximum value of a corrosion index Q(tzi, Wz) of the steel obtained for each observation time tzi during a test period of the corrosion test based on a weather observation value Wz at which the observation point X is the test point Z in advance, introduces the maximal value Qmax(tFi) of the corrosion index estimated by the extremal value estimation unit into the relational expression, and obtains an estimated value of the amount of corrosion in the steel during the evaluation periods.
Claim 11 recites a program for predicting the amount of corrosion in a steel used in an electronic computer, using, as an index for evaluating the amount of corrosion when the steel is exposed to the outdoors, a corrosion index Q(txi, Wx) of the steel obtained from a weather observation value Wx including a wind speed, a wind direction and an amount of rain for each observation time txi (where i is an integer of 1 to n) at an observation point X, the program comprising:
an extremal value estimation step in which, based on the weather observation value WM at which the observation point X is a scheduled use point M of the steel, a corrosion index Q(tMi, WM) of the steel is obtained for each past observation time tMi, extremal value statistical analysis is performed on time-series data of the corrosion index Q(tMi, WM) between observation times tMi to tMn, and thus a maximal value Qmax(tFi) of the corrosion index within future evaluation periods tFi to tFn is estimated; and
a corrosion amount estimation step in which a relational expression between a measured corrosion amount obtained in a corrosion test for the steel at a test point Z and the maximum value of a corrosion index Q(tzi, Wz) of the steel obtained for each observation time tzi during a test period of the corrosion test based on a weather observation value Wz at which the observation point X is the test point Z is obtained in advance, the maximal value Qmax(tFi) of the corrosion index estimated in the extremal value estimation step is introduced into the relational expression, and an estimated value of the amount of corrosion in the steel during the evaluation periods is obtained.
and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations.
These judicial exceptions are not integrated into a practical application because the additional elements, (claims 6 and 11) the “electronic computer and estimation unit” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. All of which are considered not indicative of integration into a practical application (see MPEP 2106.05(f)).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the processing system are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f).
Dependent claims 2-5, 7-10 and 12-21 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea.
Claims 11-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory matter.
The claims are drawn to a “computer readable medium”. The broadest reasonable interpretation of a claim drawn to a computer readable medium covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, 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.
The Examiner suggests that Applicant amends the claims as follows: “non-transitory computer readable medium containing computer instructions stored therein for causing a computer processor to perform steps of”.
Allowable Subject Matter
Claims 1-21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action.
Claims 2-5, 7-10 and 12-21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Claim 1 is objected to because the closest prior art, Kihira et al. [US 2004/0176934 A1; as submitted in IDS (09/28/2023)], fails to anticipate or render obvious a relational expression between a measured corrosion amount obtained in a corrosion test for the steel at a test point Z and a maximum value of a corrosion index Q(tzi, Wz) of the steel obtained for each observation time tzi during a test period of the corrosion test based on a weather observation value Wz at which the observation point X is the test point Z is obtained in advance, the maximal value Qmax(tFi) of the corrosion index estimated in the extremal value estimation step is introduced into the relational expression, and an estimated value of the amount of corrosion in the steel during the evaluation periods is obtained, in combination with all other limitations in the claim(s) as defined by applicant.
Claim 6 is objected to because the closest prior art, Kihira et al. [US 2004/0176934 A1; as submitted in IDS (09/28/2023)], fails to anticipate or render obvious obtains a relational expression between a measured corrosion amount obtained in a corrosion test for the steel at a test point Z and the maximum value of a corrosion index Q(tzi, Wz) of the steel obtained for each observation time tzi during a test period of the corrosion test based on a weather observation value Wz at which the observation point X is the test point Z in advance, introduces the maximal value Qmax(tFi) of the corrosion index estimated by the extremal value estimation unit into the relational expression, and obtains an estimated value of the amount of corrosion in the steel during the evaluation periods, in combination with all other limitations in the claim(s) as defined by applicant.
Claim 11 is objected to because the closest prior art, Kihira et al. [US 2004/0176934 A1; as submitted in IDS (09/28/2023)], fails to anticipate or render obvious a relational expression between a measured corrosion amount obtained in a corrosion test for the steel at a test point Z and the maximum value of a corrosion index Q(tzi, Wz) of the steel obtained for each observation time tzi during a test period of the corrosion test based on a weather observation value Wz at which the observation point X is the test point Z is obtained in advance, the maximal value Qmax(tFi) of the corrosion index estimated in the extremal value estimation step is introduced into the relational expression, and an estimated value of the amount of corrosion in the steel during the evaluation periods is obtained, in combination with all other limitations in the claim(s) as defined by applicant.
Kihira discloses a method for predicting an amount of corrosion in a steel (method for predicting an amount of corrosion and a method for judging the applicability of an atmospheric corrosion resistant steel - 0066), performs a computation such as the calculation of a first-year corrosion amount, calculation of a rust stabilization index, correction of a value A and a value B, and prediction of a corrosion amount accumulated over time and compares a corrosion amount and a permissible value for judging a corrosion amount in a design life period (0067).
While Kihira describes aspects of calculating a corrosion index and estimating a corrosion amount (0067), none of the cited prior art teaches or suggests, in combination with the other claimed limitations, describe calculating the corrosion index and estimating the corrosion amount in the manner and form as claimed.
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chesney et al. (UK Patent Application GB 2 437 320 A) discloses a system and method for monitoring corrosion degradation;
ASADA et al. (US Patent Application Publication 2021/0325295 A1) discloses an anticorrosion test method for a coated metallic material with a calculation step of calculating a degree of progress of corrosion of the coated metallic material.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857