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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/22/26 has been entered.
DETAILED ACTION
Applicant filed an RCE on 1/22/26. Claims 1, 4-6, 11, 12, and 14-24,28 are pending. Claims 25-27 are canceled. Claims 1, 12,21, and 28 are amended. After careful consideration of applicant amendments, arguments, the examiner finds them to be moot and/or non persuasive. This cation is a non-final office action.
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 1,4-6 and 11,12,14-24, 28 are rejected under 35 USC 101 because the claimed invention is directed to an abstract idea without signification more.
Claims 1, 12 and 21 are directed to a method system and device respectively that track parts service information for diagnostic purposes (summarized). The claims are directed to statutory categories of invention (yes)
The limitations of downloading parts and service information for the purpose of determining if parts are genuine covers performance of the limitations in the mind, ie mental concepts, but for the recitation of generic computing components.
Claims 1, 12 21, (claim 1 exemplified in regards to the abstract elements)
displaying, on … of the … and via at least one graphical user interface, a first interface element associated with a … selection; receiving, via the first interface element, a first input comprising an indication of a …; receiving, via the first interface element, a second input comprising an indication to download parts and service information associated with the …; initiating a download of the parts and service information associated with the … from a … to the … via a …; receiving the downloaded parts and service information associated with the …; storing the downloaded parts and service information associated with the … in the …; accessing the downloaded parts and service information associated with the … using the … when no data network connection is available; receiving an indication that at least a portion of the downloaded parts and service information associated with the … has been updated in the … and is available for download; automatically initiating an update download of the at least a portion of the downloaded parts and service information associated with the … that has been updated from the … to the … via the … when a data … is established; [[and]] displaying, by the …, an indication that the at a least portion of the downloaded parts and service information associated with the … has been updated, after the update download is completes selecting a part of the … to replace; determining a desired frequency of replacement for the selected part based on information stored in a parts database; determining an actual frequency at which the selected part was purchased from a manufacturer based on information stored in a customer database; classifying the selected part as a non-authentic part based on the desired frequency of replacement for the selected part being greater than the actual frequency; and reporting the non-authentic part to ….
Here the judicial exception is not integrated into a practical application.
Here for example claim 1 contains the following additional elements; display device, interface, mobile computing device, machine, etc.
The computer hardware/software is recited at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computer component.
Step 2A prong 2 no the additional elements are not integrated into a practical application.
The claims do not include additional elements because when considered individually or as an ordered combination they do not add significantly more known as inventive concept. The claims are mere instructions to apply the exception using generic computing elements.
Step 2B no the claims do not provide significantly more.
Dependent claims 2,4-6, and 11,12,14-20, 22-24, 28 do not by themselves correct the concerns of claims 1, 12 and 21. However, claim 24 for example and combinations of other dependent claims may further hone in the practical and technical application and overcome 35 USC 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1,4-6 and 11,12,14-24, 26-27, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication to Yezersky 20210287456 in view of US Patent Publication to Abdel Malek- 2005017661 (hereafter “Abdel”), US Patent to Schlatre 7356393 and US Patent Publication 20211/0220560 to Verdegan
As per claim 1, Yezersky discloses; A method performed by a mobile computing device comprising, with a processor executing computer-readable instructions stored within a memory device of the mobile computing device, the method comprising:
displaying, on a display device of the mobile computing device and via at least one graphical user interface, Yezersky(0066, 0033)
a first interface element associated with a machine selection; receiving, via the first interface element, a first input comprising an indication of a machine; receiving, via the first interface element, a second input comprising an indication to download parts and service information associated with the machine; (00330066,0049,0050 message regarding repairs to use authentic parts interface for component suppliers, replacement parts)
initiating a download of the parts and service information associated with the machine from a computing device to the mobile computing device via a network;
Yezersky(0050)
receiving the downloaded parts and service information associated with the machine;
storing the downloaded parts and service information associated with the machine in [[a]]the mobile computing device associated with the processor; [[and]] accessing the downloaded parts and service information associated with the machine using the mobile computing device when no data network connection is available,
receiving an indication that at least a portion of the parts and service information associated with the machine has been updated in the computing device Yezersky(0043)
and displaying, by the mobile computing device, an indication that the at a least portion of the parts and service information associated with the machine has been updated, Yezersky(0043) after the update download is complete.
selecting a part of the machine to replace; (Yezersky (0062, verify if the approved or authentic part is being used in the repair, ie replacement)
and reporting the non-authentic part to another device. Yezersky(0024, the oem can be made aware of non approved parts may have been installed in the vehicle )
Here Yezersky does not explicitly disclose what Abdel teaches;
initiating a download of the parts and service information associated with the machine from a computing device; (0077, parts and service history)
receiving the downloaded parts and service information. associated with the machine storing the downloaded parts Abdel(0011)
and is available for download;
automatically initiating an update download
of the at least a portion of the parts and service information associated with the machine that has been updated from the computing device to the mobile computing device via the network when a data network connection is established;
(0101 of Abdel, if new repair recommendations are identified since the last time, then the system may download the updates)
it would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the parts tracking information system of Yezersky with the service history tracking of Abdel for the motivation of “performing repairs quickly and accurately” (0003)
Yezersky and Abdel do not explicitly disclose what Schlatre teaches;
determining a desired frequency of replacement for the selected part based on information stored in a parts database; Schlatre(col. 23. Lines 40-50 expected or average usage for a part based on usage)
determining an actual frequency at which the selected part was purchased from a manufacturer based on information stored in a customer database;
Schlatre(col. 7 lines 1-20, maintenance trigger based on usage and other criteria)
part based on the desired frequency of replacement for the selected part being greater than the actual frequency;
Schlatre(col. 7 lines 1-20, maintenance trigger based on usage and other criteria)
Scholatre(col. 22 track usage against predicted)
Yezersky, Abdel and Schlatre do not necessarily classify the parts as genuine or not though the purpose of Yezersky is to make sure genuine parts are used.
Verdegan teaches;
classifying the selected part as a non-authentic (0074 makes a determination of the part being genuine or not)
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the desire to define parts as genuine of Yezersky with the actual verification of Verdegan for the motivation of “in regards to financial impact of counterfeit parts the impact can be significant” (0003)
claims 12 and 21 are similar to claim 1.
As per claims 4,14 Yezersky discloses; The method of claim 1, wherein the parts and service information associated with the machine includes at least
one of text data,
image data audio data,
video data, or step-by-step instructions.
Yezersky(0025, “one of” is just one, database data)
As per claim 5, Yezersky The method of claim 1, further comprising: determining at least one part required to fix a problem associated with the machine based on the parts and service information; and generating an order for the at least one part required to fix the problem associated with the machine.
Yezersky(0058)
As per claim 6, Yezersky discloses;
The method of claim 1, further comprising: receiving input from a user attempting to fix a problem associated with the machine based on the parts and service information; identifying a tool to use in fixing the problem associated with the machine based on the input from the user; and displaying , on the mobile computing device , instructions for using the tool to the user attempting to fix the problem associated with the machine .
Yezersky(0064 generically a tool)
As per claim 14 Yezersky discloses; The system of claim 11, wherein the parts and service information associated with the machine includes at least one of text data, image data, audio data, video data, or step-by-step instructions. Yezersky(one of only requires one, 0037 text data for example)
As per claim 15, Yezersky does not explicitly disclose; what Abdel teaches;
discloses; The system of claim 11, wherein the processor is further configured to: determine at least one part required to fix a problem associated with the machine based on the parts and service information:
generate an order for the at least one part required to fix the problem associated with the machine; receive input from a user attempting to fix a problem associated with the machine based on the parts and service information: identify a tool to use in fixing the problem based on the input; and display, on the mobile computing device, instructions for using the tool.
Abdel(0026, tools and parts related to the repair, 0008 predict a component failure and repair)
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the parts tracking information system of Yezersky with the service history tracking of Abdel for the motivation of “performing repairs quickly and accurately” (0003)
As per claims 11, 16 and 22 Yezersky does not explicitly disclose, what Abdel teaches;
the method of claim 1, wherein the graphical user interface is further configured to display a wire tracing schematic showing the routing of wires associated with the parts and service information.
(0026, schematics)
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the parts tracking information system of Yezersky with the service history tracking of Abdel for the motivation of “performing repairs quickly and accurately” (0003)
As per claim 17 Yezersky does not explicitly disclose what Abdel teaches; The system of claim 11, wherein the processor is configured to filter or prioritize service data displayed on the graphical user interface based on a detected machine identifier. Abdel(0076 can search based on various criteria and recommendation)
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the parts tracking information system of Yezersky with the service history tracking of Abdel for the motivation of “performing repairs quickly and accurately” (0003)
As per claim 18 Yezersky does not explicitly disclose what Abdel teaches; The system of claim 11, wherein the mobile computing device comprises a mobile application configured to provide guided troubleshooting using step-by-step graphical instructions. Abdel(0034 trouble shooting actions)
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the parts tracking information system of Yezersky l with the service history tracking of Abdel for the motivation of “performing repairs quickly and accurately” (0003)
As per claim 19, Yezersky does not explicitly disclose what Abdel teaches;
The system of claim 11, wherein the graphical user interface is configured to adapt a layout of displayed content based on at least one of a screen size, a processing capability of the mobile computing device, or a user access level. Abdel (0035- feedback feature)
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the parts tracking information system of Yezersky l with the service history tracking of Abdel for the motivation of “performing repairs quickly and accurately” (0003)
Claim 20 is similar to claim 19
As per claim 23, Yezersky discloses; The mobile computing device of claim 21, wherein the processor is configured to display selectable elements representing systems or components associated with the selected machine. Yezersky(0075 listing of parts associated with Vehicle)
As per claim 24, Yezersky discloses a system of communicating with repair centers to verify the parts are original equipment. (0026)
However, Abdel teaches,
determine at least one part required to fix a problem associated with the machine based on the parts and service information;
generate a parts order; (claim 54)
receive and display updated parts and service information;
receive user annotations linked to portions of the parts and service information; (0005 diagnostics)
display a wire tracing schematic showing the routing of wires associated with the machine;
(0006 schematics)
display 2D or 3D graphical representations of systems and components of the machine;
present guided troubleshooting workflows based on machine fault codes or user inputs;
identify required tools and display instructions for tool use; (0044 various documentation is provided for troubleshooting and repair)
adapt the graphical user interface based on a screen size or user role; and
support search functions within the stored parts and service information while offline
(0100 it appears that the system works offline because it can request an online link as well implying the system may be offline at times, “portable unit server”
As per claim 28 Yezersky disclosed The method of claim 25, wherein the non-authentic replaceable part is further classified as being manufactured by a third party. Yezersky (0024,0028, see also fig. 10, where counterfeit parts are identified and tracked)
Response to Arguments
Applicant filed an RCE on 1/22/26. Claims 1, 4-6, 11, 12, and 14-24, 28 are pending. Claims 25-27 are canceled. Claims 1, 12,21, and 28 are amended. After careful consideration of applicant amendments, arguments, the examiner finds them to be moot and/or non persuasive. This cation is a non-final office action.
Claim objections – moot.
Rejections under 35 USC 101
Pending claims 1, 4-6, 11, 12, 14-24, and 28 are rejected under 35 USC 101 because the claimed invention is allegedly directed to an abstract idea. The rejection is respectfully traversed.
Amended claim 1 recites "selecting a part of the machine to replace; determining a
desired frequency of replacement for the selected part based on information stored in a parts database; determining an actual frequency at which the selected part was purchased from a manufacturer based on information stored in a customer database; classifying the selected part as a non-authentic part based on the desired frequency of replacement for the selected part being greater than the actual frequency; and reporting the non-authentic part to another device." Applicant respectfully submits that these features improve the functioning of the mobile computing device and the technical field of managing parts and service data for machines by enabling detection of non-authentic parts of a machine.
Furthermore, as demonstrated below with respect to the rejection under 35 U.S.C. 103, the above-noted features of amended claim 1 are novel and non-obvious over the cited references. Therefore, amended claim 1 amounts to significantly more than the alleged judicial exception, because amended claim 1 recites features that are more than well-understood, routine, or conventional activities.
For at least the foregoing reasons, amended claim 1 is not properly construed as a judicial exception and satisfies the statutory subject matter requirements of 35 USC 101. Independent claims 12 and 21 have been similarly amended and therefore satisfy the statutory subject matter requirements of 35 USC 101 for at least similar reasons. Accordingly, Applicant respectfully requests that the rejection of pending claims 1, 4-6, 11, 12, 14-24, and 28 under 35 USC 101 be reconsidered and withdrawn.
Here the grounds of rejection under 35 USC 101 are updated. However, classifying parts would not necessarily improve the functioning of a mobile device for example as argued.
Rejection under 35 USC 103 based on Yezersky and Abdel
Pending claims 1, 4-6, 11, 12, and 14-24 are rejected under 35 U.S.C. 103 as allegedly being unpatentable over Yezersky (US20210287456) ("Yezersky") in view of Abdel-Malek (US 20050171661) ("Abdel"). The rejection is respectfully traversed.
Amended claim 1 recites "selecting a part of the machine to replace; determining a
desired frequency of replacement for the selected part based on information stored in a parts database; determining an actual frequency at which the selected part was purchased from a manufacturer based on information stored in a customer database; classifying the selected part as a non-authentic part based on the desired frequency of replacement for the selected part being greater than the actual frequency; and reporting the non-authentic part to another device."
At least some of these features were previously recited in claim 25. The Examiner
admits that Yezersky and Abdel do not disclose the features of claim 25 (Final Office Action, p. 12). For at least this reason, amended claim 1 is patentable over Yezersky and Abdel.
The Examiner further relies on column 22 of Schlatre for allegedly disclosing the
features of claim 25 (Final Office Action, p. 12). Applicant respectfully submits that this section (or any other section) of Schlatre does not disclose or suggest the above-noted features of claim 25.
Column 22 of Schlatre discloses that vehicle monitored characteristics, which include maintenance trigger data, are transmitted to a host system from field input devices. Based on the transmitted information, the host server broadcasts a maintenance alert to available response stations. The response station opens a work order and maintenance is performed based on the work order. The work order is based on the manufacturer's recommendations and includes recommended parts and labor. When the work is complete, the maintenance employee updates the work order to reflect the actual parts and labor utilized. The system updates the records for the particular equipment and resets the maintenance trigger to the next manufacturer recommended interval. An opportunity manager forecasts current or upcoming part or service requirements, views completed service or work order histories, compares expected part, service, and labor requirements with actual parts consumed and actual services performed, and views equipment operating parameters and historic or forecasted equipment utilization.
This section of Schlatre does not disclose or suggest classifying a selected part as a non-authentic part based on the desired frequency of replacement for the selected part being greater than the actual frequency and reporting the non-authentic part to another device, as recited in amended claim 1. Rather, this section of Schlatre states that the opportunity manager compares expected part, service, and labor requirements with actual parts consumed and actual services performed. However, Schlatre does not compare the actual frequency of replacement of a part with a desired frequency of replacement of the part, let alone classifying a part as a non-authentic part based on such a frequency comparison. Instead, Schlatre uses the information collected by the opportunity manager to forecast parts required to complete current or upcoming equipment maintenance. In fact, the word "authentic," does not appear anywhere in the disclosure of Schlatre.
Therefore, Schlatre does not disclose or suggest selecting a part of the machine to replace; determining a desired frequency of replacement for the selected part based on information stored in a parts database; determining an actual frequency at which the selected part was purchased from a manufacturer based on information stored in a customer database; classifying the selected part as a non-authentic part based on the desired frequency of replacement for the selected part being greater than the actual frequency; and reporting the non-authentic part to another device, as recited in amended claim 1.
Here the examiner offers to Verdegan which is better suited to genuine/non genuine classification. The rejection is made under the 35 USC 103 and thus applicant arguments are moot in view of new/updated grounds of rejection.
Claims 1, 12 and 21 are argued similarly.
The dependent claims are argued by virtue of dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Distributed Architecture for Mobile Contextual Integrated Field Work Applications IEEE 2015
Architecture and implementation of a remote management framework for dynamically reconfigurable devices IEEE 2002
US Patent Publication to Nagata 20020077979
US Patent Publication to Clark 20070138250
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE I EBERSMAN whose telephone number is (571)270-3442. The examiner can normally be reached 8:00 am - 5:00 pm Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael W Anderson can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRUCE I EBERSMAN/Primary Examiner, Art Unit 3693
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