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 .
Status of Claims
Claims 1-16, 18-20 and 34 are rejected under 35 USC § 112.
Claims 1-16, 18-20 and 34 are rejected under 35 USC § 101.
Claims 17, and 21-33 are canceled claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16, 18-20 and 34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 20 recite “determining each first effective channel…” and “determining each second effective channel…”. These limitations are unclear and create an antecedent basis issue, since “first effective channel” and “second effective channel” have not been previously introduced, so referring to “each” of them is unclear.
From the specification, particularly the flow chart in Fig. 6, it appears that the intent of the first limitation is something like “judging whether each channel is an effective channel, based on a first threshold and the current frame temperature variation of each channel, and identifying these effective channels as first effective channels”. Here, the term “first” is meant to indicate that these channels have passed the first test of their effectiveness, not that there is a particular “first channel” which is effective.
It appears that the intent of the second limitation is something like “judging whether each first effective channel passes a second test of its effectiveness based on multi-frame temperature values, and identifying these effective channels as second effective channels”. As above, the term “second” is meant to indicate that these channels have passed the first and second tests of their effectiveness, not that there is a “second channel” which is effective.
The specification in paragraph [0039] gives a definition of a channel, saying that “one channel corresponds to one temperature sensor or one filtering algorithm” in some kind of temperature detection system. The Examiner’s understanding is that the determination of the first effective channel and the second effective channel are two tests done in sequence, with the first test looking at a first threshold and the current frame temperature variation, and the second test looking at multi-frame temperature values. The Examiner respectfully requests confirmation of this interpretation and clarification of the claim language on this matter.
Claims 2-16, 18-20 and 34 are likewise rejected because they depend on claim 1 or contain analogous limitations.
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 1-16, 18-20 and 34 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more as addressed below.
The new 2019 Revised Patent Subject Matter Eligibility Guidance published in the Federal Register (Vol. 84 No. 4, Jan 7, 2019 pp 50-57) has been applied and the claims are deemed as being patent ineligible.
The current 35 USC 101 analysis is based on the current guidance (Federal Register vol. 79, No. 241. pp. 74618-74633). The analysis follows several steps. Step 1 determines whether the claim belongs to a valid statutory class. Step 2A prong 1 identifies whether an abstract idea is claimed. Step 2A prong 2 determines whether an abstract idea is integrated into a practical application. If the abstract idea is integrated into a practical application the claim is patent eligible under 35 USC 101. Last, step 2B determines whether the claims contain something significantly more than the abstract idea. In most cases the existence of a practical application predicates the existence of an additional element that is significantly more.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The claim below is considered to be in a statutory category (process).
Under Step 1 of the analysis, claim 1 does belong to a statutory category, namely it is a process claim.
Under Step 2A Prong 1, the independent claim 1 includes abstract ideas as highlighted (using a bold font) below.
“1. A temperature processing method, comprising: acquiring a current frame temperature value of each channel;
calculating an absolute value of a difference between the current frame temperature value and a previous frame temperature value of each channel to obtain a current frame temperature variation of each channel;
determining each first effective channel based on a first threshold and the current frame temperature variation of each channel;
determining each second effective channel based on multi-frame temperature values of each first effective channel; and
obtaining a current frame output temperature value based on the current frame temperature value of each second effective channel.”
“20. A temperature processing apparatus, comprising:
an acquisition module configured to acquire a current frame temperature value of each channel;
a calculation module configured to calculate an absolute value of a difference between the current frame temperature value and a previous frame temperature value of each channel to obtain a current frame temperature variation of each channel;
a first determination module configured to determine each first effective channel based on a first threshold and the current frame temperature variation of each channel;
a second determination module configured to determine each second effective channel based on multi-frame temperature values of each first effective channel; and
an obtainment module configured to obtain a current frame output temperature value based on the current frame temperature value of each second effective channel.”
The highlighted steps indicated as abstract idea are considered to be equivalent to mathematical steps and fundamental aspect of mathematics or directed to mental processes performed in the human mind (including observation, evaluation and opinion).
Under Step 2A Prong 2, the claims do not comprise any particular field of use and claims are not directed to any practical application.
The step of “acquire a current frame temperature value of each channel” is just data obtaining, which is insignificant extra solution activity.
The claims do not establish any particular field-of-use, nor do they specify what the channels are, what the temperatures are, or what is the significance of the measurements and determinations being made. The claims are recited in a very broad manner so that the abstract ideas recited in them would be monopolized across a wide range of technologies, rather than being confined to any particular practical application.
Under Step 2B, the step of “acquire a current frame temperature value of each channel” just data obtaining, which is insignificant extra solution activity.
The “an acquisition module”, “a calculation module”, “a first determination module”, “a second determination module” and “an obtainment module” are the parts of a general computer.
The additional limitations in relation to the computer, computer product, or computer system does not offer a meaningful limitation beyond generally linking the use of the method to a computer (see ALICE CORP. v. CLS BANK INT’L 573 U. S. 208 (2014)). The claim does not recite a particular machine applying or being used by the abstract idea.
The dependent claims 2-15 merely extend the details of the abstract idea of mathematical concepts, more particularly mathematical calculations or mental steps as accrued.
Claim 16 comprises significant additional steps/elements, as a resetting a temperature sensor or restarting temperature sensor.
Claim 18 additionally comprises a temperature sensor which is an insignificant additional element.
Claim 19 comprises the temperature sensor is continuously restarted, which is an insignificant additional step.
Claim 34 additionally “comprising memory, processor and computer program stored in the memory executable on the processor” is the computer and software running on the computer. The computer is the general computer, which is not significantly more.
There is no indication that the combination of elements/units improves the functioning of a computer or improves any other technology or technical field.
Therefore claims 1-16, 18-20 and 34 are rejected under 35 U.S.C. 101.
1) Examiner note regarding the prior art of the record:
Regarding Claims 1 and 20:
The following discussion with regard to the prior art is based on the Examiner’s best understanding of the claimed invention, given the 112(b) issues discussed above.
Chen (CN 109696257A) discloses “1. A temperature processing method, comprising:
acquiring a current frame temperature value of each channel(an electromagnetic heating cooking appliance and a temperature measurement method and
apparatus thereof (description paragraphs 36-77): S1, acquiring a temperature sampling value of each temperature measurement element every preset time; S2, acquiring the change condition of a cookware temperature according to N groups of temperature sampling values, and determining the current stage of the cookware temperature;
S3, calculating a plurality of temperature variances according to the N
groups of temperature sampling values, each temperature variance corresponding to one temperature measurement element; and
S4, acquiring an optimal temperature measurement element according to the current stage of the cookware temperature and the plurality of temperature variances, and acquiring the cookware temperature according to the temperature sampling value of the optimal temperature measurement element. The temperature measurement apparatus comprises: a temperature acquisition module, a determination module and a temperature measurement module); and
obtaining a current frame output temperature value based on the current frame temperature value of each second effective channel.”
Wang (CN109387303) discloses (description paragraphs 3-12): if it is determined that a temperature change value at the current moment is greater than a hopping threshold, considering as an one-time abnormal hop; and
counting the number of consecutive abnormal hops, and if the number of consecutive abnormal hops is greater than a number threshold, determining that a shaft temperature sensor fails. On this basis, determining each first effective channel on the basis of a temperature variable, determining a second effective channel on the basis of the first effective channel, and eliminating the influence of a fault temperature measurement apparatus are conventional arrangements in the art).
Chen (CN201922132654U) discloses (page 6, para 4, where realizing multi-channel simultaneous measurement, corresponding to the acquiring a current frame temperature values of each channel); but Chen does not disclose acquiring a current frame temperature value of each channel, e.g., simultaneous measurement does not equate to the individual measurement of each channel. Simultaneous measurement requires a system that can capture and process data from multiple channels at the same time.
Chen discloses (page 3, lines 8-9, where multi-temperature point multi-channel resistance collecting system based on the standard sample of the utility model;
Page 2, lines 21-23, where the data collecting module is used for according to different temperature range and temperature interval, setting the temperature parameter of the data to be acquired, and automatically collecting the corresponding resistance value at the set temperature point, e.g., different temperature range correspond to the different threshold.
Chen discloses page 6, lines 11-14, 22-26, where the test system reads the temperature value of each standard sample at intervals of 1.5 seconds; continuously reading 15 groups of data to form a column array, calculating the average value and variance of the array, if the variance is less than the average value of 0.005 % as stable temperature, then collecting all the temperature value, Chen disclose variance of the array in the columns, as stable temperature e.g., determine the effective channel, based on the average values of the 15 groups of data continuously reading at interval 1.5 seconds but Chen does not disclose grouped variance array is determine as a frame measurements, e.g., Chen does not disclose:
“determining each first effective channel based on a first threshold and the current frame temperature variation of each channel”.
Also, Chen does not disclose different filtering algorithm, e.g., second effective channel.
Chen (CN211452669U) discloses a multi-temperature point multi-channel resistance collecting system based on standard sample, firstly putting a plurality of standard samples, controlling the constant temperature medium controller to output the constant temperature environment at each temperature point of the temperature point set, collecting and storing respective standard resistance values of all the standard samples corresponding to each other at the same temperature point(Abstract)
Liu (CN108548611A) discloses multi-path temperature inspection method and inspection detecting environmental test chamber temperature of each channel data; recording the temperature data of each channel, the temperature data of each channel in performing nonlinear correction of the temperature data after nonlinear correction by each channel for data processing and calculating the environment test box of technical index(Abstract).
The prior art of record does not teach or fairly suggest a method of temperature processing having the steps of:
“calculating an absolute value of a difference between the current frame temperature value and a previous frame temperature value of each channel to obtain a current frame temperature variation of each channel;
determining each first effective channel based on a first threshold and the current frame temperature variation of each channel;
determining each second effective channel based on multi-frame temperature values of each first effective channel”.
Claims 1 and 20 are therefore distinguishable from the prior art of record. Claims 2-16, 18, 19, and 34 are distinguishable due to being dependent from base claim 1.
Conclusion
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/KALERIA KNOX/
Examiner, Art Unit 2857
/ANDREW SCHECHTER/Supervisory Patent Examiner, Art Unit 2857
