DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/01/2026 has been entered.
Response to Arguments
Applicant's arguments filed on 09/01/2026 have been fully considered but they are not persuasive.
Applicant’s argument found on page 7 of applicant’s remarks which argues that when considering claim 1 as a whole, the claim sets forth an improvement to partial discharge measurement technology which provides higher accuracy as the improvement is tied to underground power transmission cable degradation monitoring; therefore, a degree of insulation degradation can be determined from measuring the partial discharge.
It is respectfully disagreed.
As claimed in claim 1, the limitation “determine a degree of degradation of an underground power transmission cable” may be determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the occurrence of the partial discharge and mentally deciding degradation level based on output result of a central processing unit (CPU); therefore, human mental activities are abstract idea. Therefore, this abstract idea is not sufficient to provide improvement to partial discharge measurement technology.
Applicant’s argument found in last two paragraphs on page 9 of applicant’s remarks which argues that removing or reducing the noise which results in greater accuracy of determining the degradation of the insulation of the transmission line which provides a solution to the technical problem.
It is respectfully disagreed.
The limitation of claim 1 “remove or reduce noise included in the measurement data based on statistical information” may be implemented by mathematical operations using statistical information, and this mental step a person can review the phase and charge data to decide what is noise and remove it from the data (41 in fig. 3); therefore, mathematical operations are abstract idea. Therefore, this abstract idea is not sufficient to provide improvement to partial discharge measurement technology.
Applicant’s argument found in paragraph 2 on page 10 of applicant’s remarks which argues that the added limitation of “upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable” embodies the practical application by using the result of the learning model.
It is respectfully disagreed.
The limitation of claim 1 “upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable” is determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the occurrence of the partial discharge and mentally deciding degradation level based on output result of a central processing unit (CPU); therefore, human mental activities are abstract idea. Therefore, this abstract idea is not sufficient to integrate the Judicial Exception into a Practical Application.
Applicant’s argument found on page 10 of applicant’s remarks which argues that the improvement is not a mental processor to a mathematical concept. The human mind cannot practically and accurately determine partial discharge “based on measurement data acquired under a noise environment”. The claim does not improve a specific mathematical concept. The output of the apparatus is not a report to a human for review of merely displaying information, it is a determination of the progress degree of partial discharge.
It is respectfully disagreed.
The limitation of claim 1 “upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable” is determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the occurrence of the partial discharge and mentally deciding degradation level based on output result of a central processing unit (CPU); therefore, human mental activities are abstract idea. Therefore, this abstract idea is not sufficient to provide improvement to partial discharge measurement technology. The rejection does not state that the abstract idea improves a specific mathematical concept, but the abstract idea is not sufficient to provide improvement to partial discharge measurement technology.
Applicant’s argument found in paragraph 2 on page 12 of applicant’s remarks which argues claim 1 is not directed to an abstract idea.
It is respectfully disagreed.
Claim 1 recites “remove or reduce noise included in the measurement data based on statistical information” may be implemented by mathematical operations using statistical information, and this mental step a person can review the phase and charge data to decide what is noise and remove it from the data (41 in fig. 3); therefore, mathematical operations are abstract idea.
Claim 1 recites “generate ᵠ-q-n data representing a charge amount, a phase, and the number of pulses of each of the partial discharge and the noise included in the measurement data from the measurement data from which the noise has been removed or reduced” which is mathematic and graphing (42, 43 in fig. 3) and may be generated from a computer program implemented using mathematical operations and/or human mental activities, and/or using statistical information; therefore, mathematical operations and/or human mental activities are abstract idea
Claim 1 recites “generates a learning model by performing machine learning using the ᵠ-q-n data of the partial discharge and the noise” is generated from a computer program implemented using mathematical operations/algorithm, and/or human mental activities; therefore, mathematical operations/algorithm and/or human mental activities are abstract idea.
Claim 1 recites “determine whether at least the partial discharge has occurred by using the learning model based on the generated ᵠ-q-n data” is determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the data and mentally deciding there is a discharge; therefore, human mental activities are abstract idea.
Claim 1 recites “upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable” is determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the occurrence of the partial discharge and mentally deciding degradation level based on output result of a central processing unit (CPU); therefore, human mental activities are abstract idea.
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 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claim 1:
1. (Currently amended) A partial discharge determination apparatus that determines partial discharge occurring in a power transmission facility, the partial discharge determination apparatus comprising:
a central processing unit (CPU) configured to:
acquire measurement data representing a charge amount and a phase of each partial discharge occurring in the power transmission facility;
remove or reduce noise included in the measurement data based on statistical information;
generate ᵠ-q-n data representing a charge amount, a phase, and the number of pulses of each of the partial discharge and the noise included in the measurement data from the measurement data from which the noise has been removed or reduced;
generate a learning model by performing machine learning using the ᵠ-q-n data of the partial discharge and the noise; and
determine whether at least the partial discharge has occurred by using the learning model based on the generated ᵠ-q-n data, and upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable.
Analysis Steps for claim 1:
Step 1: Is claim 1 claim to a process, machine, manufacture or composition of matter?
Yes, claim 1 recites a partial discharge determination apparatus which is within one of the 4 statutory categories the process, machine, manufacture or composition of matter.
Step 2a) Prong One: Does claim 1 recite an abstract idea, law of nature, or natural phenomenon?
Yes, claim 1 recites “remove or reduce noise included in the measurement data based on statistical information” may be implemented by mathematical operations using statistical information, and this mental step a person can review the phase and charge data to decide what is noise and remove it from the data (41 in fig. 3); therefore, mathematical operations are abstract idea.
Yes, claim 1 recites “generate ᵠ-q-n data representing a charge amount, a phase, and the number of pulses of each of the partial discharge and the noise included in the measurement data from the measurement data from which the noise has been removed or reduced” which is mathematic and graphing (42, 43 in fig. 3) and may be generated from a computer program implemented using mathematical operations and/or human mental activities, and/or using statistical information; therefore, mathematical operations and/or human mental activities are abstract idea
Yes, claim 1 recites “generates a learning model by performing machine learning using the ᵠ-q-n data of the partial discharge and the noise” is generated from a computer program implemented using mathematical operations/algorithm, and/or human mental activities; therefore, mathematical operations/algorithm and/or human mental activities are abstract idea.
Yes, claim 1 recites “determine whether at least the partial discharge has occurred by using the learning model based on the generated ᵠ-q-n data” is determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the data and mentally deciding there is a discharge; therefore, human mental activities are abstract idea.
Yes, claim 1 recites “upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable” is determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the occurrence of the partial discharge and mentally deciding degradation level based on output result of a central processing unit (CPU); therefore, human mental activities are abstract idea.
Step 2a) Prong Two: Does claim 1 recite additional element that integrate the Judicial Exception into a Practical Application?
No, claim 1 recites additional element “A partial discharge determination apparatus that determines partial discharge occurring in a power transmission facility, the partial discharge determination apparatus comprising: a central processing unit (CPU” which does not integrate the Judicial Exception into a Practical Application because the partial discharge determination 6 is implement by a general-purpose computer device including a central processing unit (CPU) 30 and a memory 31, a storage device 32 (e.g. as described in fig. 3 of applicant’s drawing and [0031] of applicant’s specification with receipt date 09/29/2023) and using the general-purpose computer device in a power transmission facility does not impose any meaningful limits on practicing the abstract ideas.
Step 2b): Does claim 1 recite additional elements that amount to significantly more than the Judicial Exception?
No, using a general-purpose computer device including general components does not integrate such abstract ideas (the mathematical operations and/or human mental activities) into a practical application.
When considering claim 1 as a whole, it does not amount to significantly more than judicial exception.
Therefore, claim 1 is not eligible subject matter under 35 U.S.C. 101.
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Regarding claims 2-4, claims 2-4 are also rejected 35 U.S.C. 101 analougoulsy as in claim 1, where claims 2-4 are implementations of mathematical operations and/or human mental activities though computer program; therefore, mathematical operations and/or human mental activities are abstract idea.
Regarding claim 5:
5. (Currently amended)
A partial discharge determination method executed in a partial discharge determination apparatus, which includes a central processing unit (CPU) that determines partial discharge occurring in a power transmission facility, the partial discharge determination method, executed by the CPU, comprising:
a first step of acquiring measurement data representing a charge amount and a phase of each partial discharge occurring in the power transmission facility;
a second step of removing or reducing noise included in the measurement data based on statistical information;
a third step of generating ᵠ-q-n data representing a charge amount, a phase, and the number of pulses of each of the partial discharge and the noise included in the measurement data from the measurement data from which the noise has been removed or reduced; and
a fourth step of determining whether or not at least the partial discharge has occurred by using a learning model generated by performing machine learning using the ᵠ-q-n data of the partial discharge and the noise based on the ᵠ-q-n data, and upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable.
Analysis Steps for claim 5:
Step 1: Is claim 5 claim to a process, machine, manufacture or composition of matter?
Yes, claim 5 recites a partial discharge determination method which is within one of the 4 statutory categories the process, machine, manufacture or composition of matter.
Step 2a) Prong One: Does claim 5 recite an abstract idea, law of nature, or natural phenomenon?
Yes, claim 5 recites “a second step of removing or reducing noise included in the measurement data based on statistical information” may be performed by mathematical operations using statistical information, and this mental step a person can review the phase and charge data to decide what is noise and remove it from the data (41 in fig. 3); therefore, mathematical operations are abstract idea.
Yes, claim 5 recites “a third step of generating ᵠ-q-n data representing a charge amount, a phase, and the number of pulses of each of the partial discharge and the noise included in the measurement data from the measurement data from which the noise has been removed or reduced” which is mathematic and graphing (42, 43 in fig. 3) and may be performed by mathematical operations and/or human mental activities, and/or using statistical information; therefore, mathematical operations and/or human mental activities are abstract idea
Yes, claim 5 recites “a fourth step of determining whether or not at least the partial discharge has occurred by using a learning model generated by performing machine learning using the ᵠ-q-n data of the partial discharge and the noise based on the ᵠ-q-n data”, where “a learning model generated by performing machine learning using the ᵠ-q-n data of the partial discharge and the noise based on the ᵠ-q-n data” is generated from a computer program implemented using mathematical operations/algorithm and/or human mental activities; therefore, mathematical operations/algorithm and/or human mental activities are abstract idea;
therefore; “a fourth step of determining whether or not at least the partial discharge has occurred by using a learning model generated by performing machine learning using the ᵠ-q-n data of the partial discharge and the noise based on the ᵠ-q-n data” is determined from the computer program implemented using mathematical operations and/or human mental activities; therefore, mathematical operations and/or human mental activities are abstract idea.
Yes, claim 1 recites “upon determining the partial discharge has occurred, determine a degree of degradation of an underground power transmission cable” is determined from a computer program implemented using human mental activities which may be a result of the computer program, or in alternative a mental step of reviewing the occurrence of the partial discharge and mentally deciding degradation level based on output result of a central processing unit (CPU); therefore, human mental activities are abstract idea.
Step 2a) Prong Two: Does claim 5 recite additional element that integrate the Judicial Exception into a Practical Application?
No, claim 5 recites additional element “a partial discharge determination apparatus, which includes a central processing unit (CPU) that determines partial discharge occurring in a power transmission facility” which does not integrate the Judicial Exception into a Practical Application because the partial discharge determination 6 is implement by a general-purpose computer device including a central processing unit (CPU) 30 and a memory 31, a storage device 32 (e.g. described in fig. 3 of applicant’s drawing and [0031] of applicant’s specification with receipt date 09/29/2023) and using the general-purpose computer device in a power transmission facility does not impose any meaningful limits on practicing the abstract ideas.
Step 2b): Does claim 5 recite additional elements that amount to significantly more than the Judicial Exception?
No, using a general-purpose computer device including general components does not integrate such abstract ideas (the mathematical operations and/or human mental activities) into a practical application.
When considering claim 5 as a whole, it does not amount to significantly more than judicial exception.
Therefore, claim 5 is not eligible subject matter under 35 U.S.C. 101.
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Regarding claims 6-8, claims 6-8 are also rejected 35 U.S.C. 101 analogously as in claim 5, where claims 6-8 may be performed by mathematical operations and/or human mental activities; therefore, mathematical operations and/or human mental activities are abstract idea.
Prior Art of Record
The prior art made of record is considered pertinent to applicant's disclosure.
Winkelmann (US 2020/0166561) teaches “cable GK includes an inner conductor, which is termed core and is illustrated in the equivalent circuit diagram by a series connection of a first conductor inductance LL1, a first conductor resistance RL1, a second conductor inductance LL2 and a second conductor resistance RL2. In addition, the cable GK has an electrically conductive sheath which is illustrated by a series connection of a first sheath inductance LS1, a first sheath resistance RS1, a second sheath inductance LS2 and a second sheath resistance RS2. The sheath and inner conductor are electrically isolated from one another, which is taken into consideration by a conductor/sheath capacitance CLS as well as a conductor/sheath resistance RLS, which is arranged parallel thereto, in the equivalent circuit diagram. The conductor/sheath capacitance CLS and conductor/sheath resistance RLS are, for example, arranged between the series connections which the core and the sheath, respectively, represent. The equivalent circuit diagram therefore corresponds, by way of example and without limitation, with a cable GK open at one end” (e.g. fig. 1 [0092]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIDONG ZHANG whose telephone number is (571)270-5815. The examiner can normally be reached M-F 8:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached at (571) 272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAIDONG ZHANG/Examiner, Art Unit 2858
/RAUL J RIOS RUSSO/Examiner, Art Unit 2858
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