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 .
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
Under Step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance, the claims are directed to a process (claim 10, a method) or a machine (claim 1, an apparatus) or a manufacture (claim 11, a recording medium in which a detection program…), which are statutory categories.
However, evaluating claim 10, under Step 2A, Prong One, the claim is
directed to the judicial exception of an abstract idea using the grouping of a mathematical relationship/mental process. The limitations include:
acquiring a filter coefficient of the adaptive filter; and detecting an abnormality in the transmission line, based on an amount of change over time in the acquired filter coefficient.
These limitations describe collecting information, analyzing the information over time, and making a determination based on the analysis, which constitute an abstract idea of monitoring and evaluating data trends, a mental process that can be performed by human using pen and paper or by a generic computer. The recited signal transmission apparatus, transmission line and adaptive filter are invoked only as generic components used to obtain and process data and do not impose any meaningful limitation on the abstract idea.
Accordingly, the claim is directed to an abstract idea under Step 2A, Prong One of the Alice/Mayo framework.
Next, Step 2A, Prong Two evaluates whether additional elements of the claim “integrate the abstract idea into a practical application” in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. The claim does not recite additional elements that integrate the judicial exception into a practical application.
The claim does not recite any specific improvement to the operation of the adaptive filter, the transmission line, or the transmission apparatus, nor does it require any particular control action or technical effect beyond determining that an abnormality exists.
Therefore, the claims are directed to an abstract idea.
At Step 2B, consideration is given to additional elements that may make the abstract idea significantly more. Under Step 2B, there are no additional elements that make the claim significantly more than the abstract idea.
The additional elements of “a detection apparatus” and “a signal transmission apparatus” and “an adaptive filter” merely recite generic functional circuitry performing routine data acquisition and analysis and therefore do not amount to significantly more than the abstract idea itself.
The limitations have been considered individually and as a whole and do not amount to significantly more than the abstract idea itself. Accordingly, the claim is considered ineligible under 35 U.S.C. 101.§
Claims 1 and 11 are rejected 35 USC § 101 for the same rationale as in
claim 1.
The limitations describe collecting information, analyzing the information over time, and making a determination based on the analysis, which constitute an abstract idea of monitoring and evaluating data trends, a mental process that can be performed by human using pen and paper or by a generic computer. The recited signal transmission apparatus, transmission line, adaptive filter, acquisition circuit, and detection circuit are invoked only as generic components used to obtain and process data and do not impose any meaningful limitation on the abstract idea.
This judicial exception is not integrated into a practical application because the remaining elements amount to no more than general purpose computer components programmed to perform the abstract ideas. As set forth in the 2019 Eligibility Guidance, 84 Fed. Reg. at 55 “merely include[ing] instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application
Dependent claims 2-9 and 12-20 do not add anything which would render the claimed invention a patent eligible application of the abstract idea. The claims merely extend (or narrow) the abstract idea which do not amount for "significant more" because they merely add details to the algorithm which forms the abstract idea as discussed above.
Claim 11 is rejected under 35 USC § 101 because they are directed to non-
statutory subject matter.
The descriptions or expressions of the programs are not physical “things.” They are neither computer components nor statutory processes, as they are not “acts” being performed. Such claimed computer programs do not define any structural and functional interrelationships between the computer program and other claimed elements of a computer, which permit the computer program’s functionality to be realized. In contrast, a claimed a non-transitory computer-readable medium encoded with a computer program is a computer element which defines structural and functional interrelationships between the computer program and the rest of the computer which permit the computer program’s functionality to be realized, and is thus statutory. Accordingly, it is important to distinguish claims that define descriptive material per se from claims that define statutory inventions.
In order to overcome this rejection, the following language is suggested:
“11. (Currently amended) A non-transitory computer readable medium encoded with a computer program product for …”
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bui (Pub. No. US 2004/0032921) in view of Chen (pub. No. US 2008/0232439).
As per claims 1, 2, 10 and 11, Bui teaches a detection apparatus provided for a signal transmission apparatus, the signal transmission apparatus being configured to receive a reception signal via a transmission line and including an adaptive filter to be applied to the reception signal, the detection apparatus comprising: an acquisition circuit configured to acquire a filter coefficient of the adaptive filter; and a detection circuit configured to detect an abnormality in the transmission line (see Abstract, ¶¶ [0037]-[0040],[0061]-[0062], [0053] and [0093], i.e., a communication channel using an adaptive filter coupled to the channel, the controller acquires adaptive filter coefficients and detects abnormalities in the channel, such as open or short conditions based on analysis of the adaptive filter coefficients).
Bui fails to explicitly teach detecting the abnormality based on an amount of change over time in the filter coefficient acquired by the acquisition circuit (emphasis underlined).
Chen, however, teaches adaptive filters having coefficients that are dynamically updated over time, including coefficients indexed by time n and adapted during reception of a signal burst (see ¶¶ [0030]-[0031] and [0046]-[0047], the examiner notes that burst directly tied time indexing), and further teaches that temporal evolution of those coefficients reflects physical channel conditions such as fading, phase change, noise, and interference and is monitored and utilized for channel-related determination (see ¶¶ [0050]-[0051], [0072]-[0075] and [0077]-[0079], i.e., “The coefficient adaptor is configured to determine and dynamically change or adapt coefficients for the single tap or multi-tap versions of the FIR filter over the received signal burst”). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the detection apparatus of Bui to detect abnormalities in the transmission line based on an amount of change over time in the adaptive filter coefficient as taught by Chen, because the adaptive filter coefficients in Bui already represent physical characteristics of the transmission line and Chen teaches that changes in such coefficients over time provide additional, meaningful information regarding channel behavior, thereby improving the reliability of transmission line abnormality detection by evaluating adaptive filter coefficients based on their magnitude and time-based changes.
As per claim 3, the combination of Bui and Chen teaches the system as stated above. Bui fails to explicitly teach that the plurality of adaptive filters have time constants different from each other. Chen further teaches adaptive filters whose coefficients are dynamically updated over time during reception of a signal burst (see ¶¶ [0030]-[0031] and [0046]-[0047], the examiner notes that burst directly tied time indexing) and further teaches that the speed and manner of coefficient adaptation is selected based on channel conditions, noise, and interference, thereby resulting in different temporal response behaviors (see ¶¶ [0050]-[0051] and [0072]-[0075]). A person of ordinary skill in the art would recognize that differences in the speed and manner with which adaptive filter coefficients respond over time correspond to different effective time constants of the adaptive filters (the examiner notes that in adaptive filtering, the time constant characterizes how quickly filter coefficients respond to changes, such that filters configured to adapt more rapidly exhibit shorter effective time constants, while filters configured to adapt more slowly exhibit longer effective time constants) . It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the plurality of adaptive filters of Bui to have time constants different from each other, because employing filters with differing responsiveness is routine design technique used to distinguish persistent transmission-line abnormalities from transient effects, thereby improving the reliability of coefficient-based transmission-line diagnostics.
As per claims 4, 12 and 13, the combination of Bui and Chen teaches the system as stated above. Bui further teaches the acquisition circuit is configured to acquire filter coefficients of a plurality of taps, of the adaptive filter, for a single transmission line, the filter coefficient being one of the filter coefficients, the single transmission line being the transmission line (see ¶¶ [0044], [0049], [0062] Fig. 3, i.e., “a good approximation of the distance between the filter (in the transceiver) and such an indicated channel fault can be calculated based on the tap number corresponding to the enlarged coefficient” and Fig. 3, elements 3040-304n).
As per claims 5 and 14-16, the combination of Bui and Chen teaches the system as stated above. As discussed above Bui discloses a detection apparatus in which adaptive filter coefficients associated with a transmission line are acquired and used to detect abnormalities in the transmission line, and further teaches that different abnormal transmission-line conditions correspond to different directional behaviors of the filter coefficients, including coefficient enlargement and coefficient polarity indicative of different fault types (see ¶¶ [0049]-[0053] and [0120]-[0122]).
However, Bui fails to explicitly teach performing abnormality detection based on an amount of change over time in the filter coefficient in both increasing and decreasing directions.
Chen, however, teaches adaptive filters whose coefficients are dynamically updated over time (e.g., fk(n)) and vary bidirectionally as the filter adapts to changing channel conditions, including increases and decreases in coefficient values caused by fading, frequency error, noise, and interference (the examiner notes that when the tracking speed changes, (e.g., increases), the adaptive filter coefficients also change (e.g., change more rapidly over time) (see ¶ [0072], i.e., “the capability of tolerating AWGN and interference in the adaptation processes can decrease as the tracking speed goes up or increases. Thus, in high interference or high noise environments, even if the received signal is experiencing fast fading, the tracking speed of the equalizer may be slower than that for a signal experiencing the same rate of fading in a low interference or low AWGN environment. Therefore, the appropriate tracking speed can be a function of the speed of channel variation and the noise plus interference level”). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the detection apparatus of Bui to perform detection of an abnormality in the transmission line based on an amount of change over time in the filter coefficient in both an increasing direction and a decreasing direction as taught by Chen, because different transmission line abnormalities manifest as different directional temporal changes in adaptive filter coefficients and Chen teaches that both upward and downward coefficient variations are meaningful indicators of channel conditions, thereby improving the completeness and reliability of abnormality detection using known adaptive-filter diagnostics.
As per claim 6, the combination of Bui and Chen teaches the system as stated above. Bui further teaches a detection apparatus including an adaptive filter applied to a reception signal received via a transmission line, wherein the adaptive filter may include at least one of an adaptive echo canceller and adaptive equalizer, and further discloses a controller that accesses and acquires filter coefficients of the adaptive filter for purposes of detecting abnormalities in the transmission line (see ¶¶ [0036]-[0037], [0040], and [0060]).
However, Bui fails to explicitly identify a baseline wander corrector as an adaptive filter whose coefficients may be acquired.
Chen, however, teaches adaptive filtering in a receiver in which filter coefficients are dynamically updated and monitored to track channel conditions (see ¶¶ [0030]-[0031] and [0046]-[0047]), and it is well known in the art that baseline wander correction, equalization, and echo cancellation are adaptive filtering functions implemented using adaptive coefficients in communication receivers. It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention configure the acquisition circuit of Bui to acquire, as the filter coefficient of the adaptive filter, a filter coefficient of at least one of a baseline wander corrector, an equalizer, and an echo canceller, because these adaptive filtering blocks are commonly implemented in receivers and use adaptive coefficients that represent physical transmission-line characteristics, thereby enabling the same coefficient-based abnormality detection described in Bui to be applied to any of the listed adaptive filtering functions without altering the fundamental operation of the detection apparatus.
As per claims 7 and 17-20, the combination of Bui and Chen teaches the system as stated above.
Bui fails to explicitly teach acquiring three filter coefficients corresponding to a baseline wander corrector, an equalizer, and an echo canceller.
Chen, however, teaches adaptive filtering in a receiver in which filter coefficients are dynamically updated and monitored to track channel conditions (see ¶¶ [0030]-[0031] and [0046]-[0047]), and it is well known in the art that baseline wander correction, equalization, and echo cancellation are distinct adaptive filtering functions implemented using respective adaptive coefficients within a receiver. It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the acquisition circuit of Bui to acquire, as the filter coefficients of a plurality of adaptive filters, there filter coefficients corresponding respectively to a baseline wander corrector, an equalizer, and an echo canceller, because these adaptive filtering blocks are commonly employed together in communication receivers and each uses adaptive coefficients that reflects transmission-line characteristics, thereby enabling coefficient-based abnormality detection to be performed across multiple adaptive filtering functions using known receiver architectures.
As per claim 8, the combination of Bui and Chen teaches the system as stated above.
Bui fails to explicitly teach that the detection circuit is configured to determine that the transmission line has an abnormality in response to determining that at least two filter coefficients are determined to have abnormal values among the three filter coefficients acquired by the acquisition circuit.
Chen, however, teaches that adaptive filter coefficients are dynamically updated and monitored over time during reception (see ¶¶ [0030]-[0031] and [0046]-[0047]), that such coefficients vary due to phase and amplitude changes caused by fading and frequency error (¶¶ [0050]-[0051] and [0077]-[0079]), and that coefficient behavior is further influenced by noise and interference conditions (see ¶¶ [0071]-[0075]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the detection circuit of Bui to determine that a transmission-line abnormality exists only when at least two of three acquired adaptive-filter coefficients exhibit abnormal values, because requiring concurrence among multiple time-varying coefficients is well-known technique for reducing false positives caused by transient or noise-induced coefficient fluctuations, thereby improving the reliability of coefficient-based transmission-line diagnostics using known adaptive-filter monitoring techniques.
As per claim 9, the combination of Bui and Chen teaches the system as stated above. Bui further discloses a detection apparatus in which multiple adaptive filter coefficients are compared against predetermined thresholds and the results of those comparisons are evaluated collectively to determine whether a transmission line is faulty or normal (see ¶¶ [0049]-[0053], [0061]-[0063] and Fig. 7A).
However, Bui fails to explicitly teach counting time-based coefficient differences relative to a predetermined numerical criterion.
Chen, however, teaches adaptive filter coefficients are dynamically updated over time and that changes in coefficient values are monitored and interpreted during reception (see ¶¶ [0030]-[0031] and [0046]-[0047]), with coefficient behavior being influenced by fading, frequency error, noise, and interference (see ¶¶ [0050]-[0051] and [0072]-[0076]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the detection circuit of Bui to determine that the transmission line is abnormal when the number of time-based coefficient differences satisfying an abnormality determination condition meets or exceeds a predetermined value, and too determine that the transmission line is normal when the number of such differences is less than the predetermined value, because aggregating threshold-based evaluations of time-varying adaptive-filter coefficients is a well-known technique for distinguishing persistent abnormalities from transient coefficient fluctuations, thereby improving the reliability of transmission-line diagnostics based on adaptive filter monitoring.
Prior art
The prior art made record and not relied upon is considered pertinent to applicant’s
disclosure:
Benesty et al. [‘465] discloses a robust adaptive filter for use in a network echo canceller or other digital signal processing application utilizes a coefficient vector update device that, through the application of fast converging algorithms to a fast impulse response filter yields fast convergence of the adaptive filter's characteristics with the avoidance of divergence due to the onset of double talk. Robustness is also provided, via an adaptive scale non-linearity device which applies an adaptive scale non-linearity to the filter algorithms fed to the fast impulse response filter by the coefficient vector update device, so that the samples of an echo signal to be cancelled which are taken during the onset of double talk can be handled in such a manner that after the double talk detector causes adaptation to cease, the initial, potentially disturbing samples do not cause significant divergence in the filter system.
Wang et al. [‘991] discloses a method and computer program product for detecting faults in cables. The invention comprises receiving a first reflected signal; comparing the first reflected signal amplified with a first predetermined receiver gain setting with a first threshold; if the value of the amplified first reflected signal is greater than the value of the first threshold, then terminating detecting; if the value of the amplified first reflected signal is not greater than the value of the first threshold, then comparing a second reflected signal amplified with a second predetermined gain setting different from the first gain setting with a second threshold.
Shibata [‘663] discloses a transmission apparatus includes a connector that couples a signal path to a receiver, an equalizer that performs an equalization operation on received signals to be input to the receiver via the connector, a controller that calculates a coefficient controlling an operation of the equalizer and sets the coefficient in the equalizer, and a detector that detects a mating fault of the signal path in the connector in response to the coefficient configured by the controller.
Contact information
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to MOHAMED CHARIOUI whose telephone number is (571)272-2213. The examiner can normally be reached Monday through Friday, from 9 am to 6 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached on (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Mohamed Charioui
/MOHAMED CHARIOUI/Primary Examiner, Art Unit 2857