DETAILED ACTION
Final Rejection
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 .
Response to Amendment
Applicant’s amendments, filed 03/20/2026 to claims are accepted. In this amendment, claims 15-34 have been amended.
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 15-34 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims 15-34 falls within one of the four statutory categories. See MPEP § 2106.03. For example each of claims15-33 fall within category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863)), For each of claim 34 falls within category of process;
Regarding Claims 1-7
Step 2A – Prong 1
Exemplary claim 15 is directed to an abstract idea of an abnormality diagnosis on the basis of a first state quantity and a second state quantity each indicating a state of the diagnosis target.
The abstract idea is set forth or described by the following italicized limitations:
15. An abnormality diagnosis device which performs
a processor for executing a program; and a memory or a hard disk in which the program is stored, wherein the following operation is performed by the program executed by the processor acquiring one or both of time-series data and frequency-series data of a first state quantity indicating a first state of the variable load machine being operated during the abnormality diagnosis:
acquiring data of the second state quantity indicating a second state of the variable load machine being operated during the abnormality diagnosis;
calculating a plurality of feature quantities from said one or both of the time-series data and the frequency-series data of the first state quantity indicating the first state of the variable load machine being operated during the abnormality diagnosis;
determining an operation mode of the variable load machine being operated on the basis of the data of the second state quantity indicating the second state of the variable load machine being operated during the abnormality diagnosis;
generating a current feature quantity distribution in a feature space on the basis of feature vectors each having values of the plurality of feature quantities calculated from said one or both of the time-series data and the frequency-series data of the first state Quantity indicating the first state of the variable load machine being operated during the abnormality diagnosis as components thereof;
generating, as a plurality of references, a plurality of reference distributions or a plurality of reference regions in the feature space on the basis of a normal state feature Quantity distribution in the feature space, the normal state feature Quantity distribution obtained from the variable load machine previously operated in a normal state, and
each of the plurality of references corresponding to one of a plurality of different operation modes of the variable load machine;
selecting one of the plurality of references corresponding to the operation mode determined on the basis of the data of the second state Quantity indicating the second state of the variable load machine being operated during the abnormality diagnosis; and
comparing the current feature quantity distribution that is obtained during the abnormality diagnosis and the selected one of the plurality of references corresponding to the operation mode determined on the basis of the data of the second state Quantity indicating the second state of the variable load machine being operated during the abnormality diagnosis to determine whether an abnormality is present or absent in the variable load machine..
The italicized limitations above represent a combination of mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea) and a mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “calculating a plurality of feature quantities [..]; determining an operation mode [..]; generating a current feature quantity distribution [..];generating, as a plurality of references, a plurality of reference distributions[..];”are mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea).
For example, the limitations “selecting one of the plurality of references[..]; and comparing the current feature quantity distribution[..]” are a mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper)
See 2106.04(a)(2)(I). Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)).
Step 2A – Prong 2
Claims 15 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
The 1st additional element is “acquiring one or both of time-series data and frequency-series data of a first state quantity indicating a first state of the variable load machine being operated during the abnormality diagnosis: acquiring data of the second state quantity indicating a second state of the variable load machine being operated during the abnormality diagnosis; (acquiring one or both of time-series data and frequency-series data of a first state Quantity indicating a first state of the variable load machine being operated during the abnormality diagnosis; acquiring data of the second state quantity indicating a second state of the variable load machine being operated during the abnormality diagnosis)(as cited in claim 34)”. This element appears to limit the “collecting data/ field of use” to be performed, at least in-part, by use of a memory and to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. see MPEP §§ 2106.05(g).
For example, 2nd additional first element is “An abnormality diagnosis device which performs an abnormality diagnosis on a variable load machine being operated, the abnormality diagnosis device comprising”. This element amounts to mere use of a generic device with computer components, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
For example, 3rd additional first element is “a processor for executing a program; and a memory or a hard disk in which the program is stored, wherein the following operation is performed by the program executed by the processor,”. This element amounts to mere use of a generic computer components, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
In view of the above, the three “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a plurality of generic control system with computer component with software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea.
Step 2B
Claims 15 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea.
For example, the limitation of Claims “abnormality diagnosis device, processor, memory”, generic computer component, which are well understood, routine and conventional (see background of current discloser, IDS and the Examiner cited prior arts) and MPEP 2106.05(d)).
The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
Dependent Claims 16-33
Dependent claims 16-33 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 16-33 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For example, the limitations of Claims 16-33: claims limitations are directed to mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea) and / or mental steps, see 2106.04(a)(2).
Regarding Claim 34
Claim 34 contains language similar to claim 15 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claim 34 is also rejected under 35 U.S.C. § 101(abstract idea).
Response to Argument
Applicant’s arguments with respect 101 rejection, specially claims 1 and 34, The applicant did not agree with it. Applicant argus that “The claimed device provides this particularity at least by requiring the generation of mode-specific references and the selection of one of those references based on a mode during diagnosis. Because the claim reflects a technical solution to a specific problem in abnormality diagnosis of variable-load machinery, it integrates the recited concepts into a practical application and is patent-eligible”, see, pages 12-13
In response, the Examiner respectfully disagree because limitations of claim 1 represent a combination of mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea) and a mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper). Therefore, the italicized limitations above fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance. In view of the above, the three “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a plurality of generic control system with computer component with software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea.. As such, 101 rejection is maintained.
Applicant’s arguments with respect 103 rejection are persuasive and withdrawn..
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) Pham (US 20050235660) disclose a compressor, processing circuitry, a first sensor detecting high-side data indicative of an operating condition of a high-pressure side of the refrigeration circuit, and a second sensor detecting low-side data indicative of an operating condition of a low-pressure side of the refrigeration circuit. The processing circuitry receives the high-side data and the low-side data from the first and second sensors and processes at least one of the high-side data and low-side data to select an operating mode for the compressor. The operating modes include a normal mode, a reduced-capacity mode, and a shutdown mode.
b) Sasaki (US 20240142125) disclose an explanatory diagram illustrating an example of the way of distribution of detected values of the second feature values of the abnormality estimation model.
c) Lee (US 20200362746) disclose n a state where the ambient temperature is high at 41° C. to 45° C. (e.g., during summer), when a vehicle travels at a speed of 100 km/hr with an air conditioning target temperature set by a user at 17° C., and then under the same vehicle speed (100 km/hr) and the same cooling load conditions (ambient temperature of 41° C. to 45° C., air conditioning target temperature of 17° C.), when a required torque of the vehicle increases from 80 Nm to 160 Nm due to uphill driving, towing, an increase in electrical load, etc., the engine coolant temperature may rise from 80° C. to 105° C. At this time, the air conditioner refrigerant pressure may rise from 200 psi to 220 psi due to the increase in engine coolant temperature.
d)Higuchi et al. ( US 20100236265) disclose the air conditioner further comprises an engine rotational speed detection means for detecting an engine rotational speed of a vehicle or referring to its signal, a vehicle running speed recognition means for detecting a vehicle running speed or referring to its signal, an outside air temperature detection means for detecting an outside air temperature, and a high pressure detection means for detecting a refrigerant pressure at a high-pressure side, the compressor is a variable displacement compressor capable of controlling a discharge displacement, and the displacement control region torque estimation means estimates a power of the compressor based on at least a displacement control signal, the refrigerant pressure at the high-pressure side, the vehicle running speed and the outside air temperature, estimates the torque of the compressor from the engine rotational speed and the estimated power of the compressor, and adds a correction determined by the correction means to the compressor torque calculation..
e) Goto (US 2020/0182180) disclose a water temperature change, a friction loss, and a torque change based on elapsed time according to the first embodiment.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857
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