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 .
Claims 1-7 are presented for examination.
Claims 1- 7 are rejected under 35 U.S.C. 101.
Claims 1 -7 are rejected under 35 U.S.C. 103 as being unpatentable over Teixeira, Giovanni Morais. Random vibration fatigue-A study comparing time domain and frequency domain approaches for automotive applications. No. 2014-01-0923. SAE Technical Paper, 2014 in the view of Cardoso, E. U., and J. L. A. Ferreira. "Estimation of fatigue life under random multiaxial conditions using the projection-by-projection method." Journal of the Brazilian Society of Mechanical Sciences and Engineering 44.11 (2022): 570, further in the view of Carpinteri, Andrea, et al. "Spectral fatigue life estimation for non-proportional multiaxial random loading." Theoretical and Applied Fracture Mechanics 83 (2016): 67-72.
This action is non final rejection.
Information Disclosure Statement
The IDS submitted on 04/28/2023 is reviewed and considered. See attached document.
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- 7 are rejected under 35 U.S.C. 101 because the claim invention recites a judicial exception, is directed to that judicial exception of an abstract idea, as it has not been integrated into practical application and the claim further do not recite significantly more than the judicial exception.
Step 1: The claims 1-7 are directed to a methods, and it fall withing the statutory category of a process.
Step 2A: Prong 1: Yes, the claims recites abstract ideas. Abstract ideas are bolded.
Regarding Claim 1:
providing a finite element (FE) model of the structure; (insignificant extra solution activity - data gathering).
calculating, with a , a modal stress and a frequency response function (FRF) of the FE model; under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0024], calculating of modal stress and FRF is performed using a mathematical equation and a human mind can solve the equations to calculate the modal stress and FRF.
calculating, with the a stress power spectral density (PSD) matrix; under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0027], calculating of stress power spectral density is performed using a mathematical equation and a human mind can solve the equations to calculate the stress power spectral density.
calculating, with the a damage transformation matrix [A]; under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0027], calculating of damage transformation matrix is performed using a mathematical equation and a human mind can solve the equations to compute damage transformation matrix.
calculating, with , a covariance matrix from the stress PSD matrix; under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0035], calculating of a covariance matrix from stress PSD matrix is performed using a mathematical equation and a human mind can solve the equations to compute a covariance matrix from stress PSD matrix.
determining, with the angles θ, φ and ψ in a plane with maximum equivalent variance based on the calculated covariance matrix, where θ is an angle the plane makes with the x-axis, φ an angle the plane makes with the z-axis, and ψ is an angle of equivalent shear in a shear plane; and under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0034], variance damage parameter is dependent on angles so, by computing variance based on equation 4 on [0035], a human mind can solve the equations and determine angles in a plane with maximum equivalent variance.
calculating, with the , a variance damage parameter with the angles θ, φ and ψ incremented in a predetermined amount of degrees to thereby identify critical planes where a fatigue crack will occur in the structure, under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. A human mind can increase the amount of degrees on the variance equation [0035], and compute the variance damage in each degree increment.
Regarding claim 6:
Claim 6 recites all the above claim 1 limitations and it also recites additional abstract ideas as it is listed below.
calculating, with the a PSD- damage parameter based on the identified critical planes, the transformation matrix [A], and the PSD matrix to thereby provide a stress PSD as a function of frequency; and
under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0038], the stress PSD is computed using a mathematical equation using matrix and transpose mathematical concepts , this can be performed by a human mind by using paper and pen.
calculating, with the , a damage based on the PSD damage parameter; to thereby estimate the fatigue life of the structure under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0040] and figure 7, this limitation is performed using a mathematical concept like integration, summation and matrix. A human mind can perform this mathematical concepts using pen and paper to compute damage PSD damage parameter.
For all the above abstract idea limitations see MPEP 2106.04(a)(2) (iii) (c), Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675. See also Mortgage Grader, 811 F.3d at 1324, 117 USPQ2d at 1699 (concluding that concept of "anonymous loan shopping" recited in a computer system claim is an abstract idea because it could be "performed by humans without a computer")
Step 2A: prong 2: No
The above judicially exceptions do not recite additional elements that integrate the exceptions into a practical application of the exception because the claims do not have additional elements of a combination of additional elements that apply, rely or use the judicial exception in a manner that impose a meaningful limit on the judicial exception.
Claims recites gathering data which is insignificant extra solution activity. Adding insignificant extra-solution activity to the judicial exception, e.g., mere data gathering in conjunction with a law of nature or abstract idea such as a step of obtaining information about credit card transactions so that the information can be analyzed by an abstract mental process, as discussed in CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) (see MPEP § 2106.05(9)).
Claim 1 recites providing a finite element (FE) model of the structure; (insignificant extra solution activity - data gathering).
While claim 1 also recites additional elements of “a computing device with processor” but the computer is used as a tool in order to perform the abstract idea (calculating and determining). As it is outlined above on prong 1, the limitations can be performed by a human mind based on the specification, so merely using a computer as a tool is not significantly more.
Step 2B: NO, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, claims recited of additional element of “a computing device with processor” and it is merely used as a tool to perform the abstract ideas and it does not make improvement to the functioning of the additional elements, see MPEP 2106.05(a), Improvements to the Functioning of a Computer or To Any Other Technology or Technical Field [R-07.2022].
Regarding dependent claims
Claim 2:
calculating, with the computing device, a PSD-damage parameter based on the identified critical planes, the transformation matrix [A], and the PSD matrix to thereby provide a stress PSD as a function of frequency, it further defines abstract idea, under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0038], the stress PSD is computed using a mathematical equation using matrix and transpose mathematical concepts , this can be performed by a human mind by using paper and pen.
Claim 3:
calculating, with the computing device, a damage based on the PSD-damage parameter; to thereby estimate the fatigue life of the structure, it further defines abstract idea, under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0040] and figure 7, this limitation is performed using a mathematical concept like integration, summation and matrix. A human mind can perform this mathematical concepts using pen and paper to compute damage PSD damage parameter.
Claim 4:
wherein the damage transformation matrix [A] is calculated based on material constants of the structure and direct and shear transformation vectors, it further defines abstract idea, under its broadest interpretation this claim limitation can be performed by a human mind using paper and pencil with human’s observation, evaluation and judgment ability. According to [0029], damage transformation matrix is computed using a mathematical equation using mathematical concept of matrix transpose and a human mind can compute damage transformation matrix using pencil and paper.
claims 5 and 7:
wherein the predetermined increment of angles θ, φ and ψ is 5° it further narrow the abstract idea by specifying the increment amount.
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 -7 are rejected under 35 U.S.C. 103 as being unpatentable over Teixeira, Giovanni Morais. Random vibration fatigue-A study comparing time domain and frequency domain approaches for automotive applications. No. 2014-01-0923. SAE Technical Paper, 2014 in the view of Cardoso, E. U., and J. L. A. Ferreira. "Estimation of fatigue life under random multiaxial conditions using the projection-by-projection method." Journal of the Brazilian Society of Mechanical Sciences and Engineering 44.11 (2022): 570, further in the view of Carpinteri, Andrea, et al. "Spectral fatigue life estimation for non-proportional multiaxial random loading." Theoretical and Applied Fracture Mechanics 83 (2016): 67-72.
As of claim 1 Teixeira teaches A computer-implemented method for predicting fatigue life of a structure, comprising: (page 4, As stated by Equation 8damage is obtained by integrating the PDF with respect to the stress range (Sr) from 0 to infinite … Page 8, The criterion can be easily used to evaluate either fatigue safety factors or fatigue life)
providing a finite element (FE) model of the structure; (page 1, This study is concerned with almost-periodic process which can be obtained by modal superposition or full transient finite element (FE) methods… Page 2, Finite Element (FE) software).
calculating, with a computing device having one or more processors, a modal stress and a frequency response function (FRF) of the FE model; (page 2, FE software is used , page 5, As a first step, the random vibration approach requires the evaluation of a response function (FRF) in terms of stresses for a unit loading applied to every load channel that excites the structure. In Equation 12 the stress components are functions of frequency, as shown in Figure 12. So Hi and Hi(f) refers to the same vector
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calculating, with the computing device, a stress power spectral density (PSD) matrix; (page 5, Grouping the frequency response functions (Equation 12) for all the existing loading channels leads to Equation 18, where Q is named the “transition coefficient matrix”.
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Pre and post multiplying the input matrix G by Q results in the 6x6 Stress PSD Matrix G (showed as Equation 19). G is a function of frequency so that G =G(f).
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determining, with the computing device, angles θ, φ and ψ in a plane with maximum equivalent variance based on the calculated covariance matrix, where θ is an angle the plane makes with the x-axis, φ an angle the plane makes with the z-axis, and ψ is an angle of equivalent shear in a shear plane; and (page 5, The critical plane approach requires the PSD to be resolved on a number of planes, where the so called “critical” is chosen among them. The variance method has been used to evaluate the critical plane position [4, 5]. The maximum variance of normal stress defines the critical plane according to this method. The vector of coefficients for the normal stress criterion is expressed as [6]
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).
Teixeira does not explicitly teach calculating, with the computing device, a damage transformation matrix [A]; calculating, with the computing device, a covariance matrix from the stress PSD matrix; calculating, with the computing device, a variance damage parameter with the angles θ, φ and ψ incremented in a predetermined amount of degrees to thereby identify critical planes where a fatigue crack will occur in the structure.
While Cardoso teaches calculating, with the computing device, a covariance matrix from the stress PSD matrix; (page 5, In the most general case, a multiaxial stationary random stress tensor (t) has six independent stress components and hence can be conveniently represented by a six-dimensional vector process x(t) = ( xx(t), yy(t), zz(t), xy(t), yz(t), zx(t)) which, in the frequency domain, can be characterized by the PSD matrix :
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where the diagonal elements are the variances, Cii = Var(xi(t)) , and the out-of-diagonal elements are the covariance, Cij = Cov(xi(t), xj(t)) ).
calculating, with the computing device, a variance damage parameter with the angles θ, φ and ψ incremented in a predetermined amount of degrees to thereby identify critical planes where a fatigue crack will occur in the structure (page 10-11, If we use the critical plane approach for finding the plane that experiences maximum variance of resolved shear stress as the damage parameter, it is necessary that the search strategy uses three search angles: (i) the Euler angles ( , ) that are used to define the material plane and (ii) the angle which is used in the search for the direction in which the variance of the history of resolved shear stresses in the plane ( , ) takes on a maximum value. Typically, in this search process, the scanning range of each of the three angles varies between [0,180] degrees, with angular increments that cannot be too large as to not compromise the quality of the results and should not be too small as not to impact the computational cost. To meet this requirement, angular increments typically range between 1 and 5 degrees).
Teixeira and Cardoso are considered to be analogous to the claimed invention since they focus on fatigue life analysis. Therefore it would be obvious for a person of ordinary skill in the art before the effective filing date to integrate Cardoso’s teaching of computing covariance matrix and a variance damage parameter with the angles θ, φ and ψ incremented in a predetermined amount of degrees into Teixeira random vibration fatigue analysis to compute the fatigue life of structure.
The motivation would have been it helps to searching the plane of the most damaged material by using critical plane-based approaches which provide a physical interpretation of the damage initiation process (Cardoso, page 10) and also by using Dirlik’s integration equation of damage computation, accurately predict the damage by carefully picking interval of integration (Teixeira, page 4).
The modified model does not explicitly teach calculating, with the computing device, a damage transformation matrix [A];
While Carpinteri teaches calculating, with the computing device, a damage transformation matrix [A]; (page 69,
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Carpinteri is considered to be analogous to the claimed invention since it focus on fatigue life estimation for non-proportional multiaxial random loading. Therefore it would be obvious for a person of ordinary skill in the art before the effective filing date to integrate Carpinteri teaching of computing damage transitional matric into the combined model.
The motivation would have been A new formulation to define the critical plane is adopted in order to improve the lifetime estimation. The criterion is vali dated through comparison of the obtained numerical results with experimental fatigue data available in the literature for structural steel specimens subjected to a combination of random non-proportional bending and torsion (Carpinteri, abstract).
Claim 6 , is also in the same scope as that of claim 1 ,and it includes all the limitations of claim 1 and claim 6 also recites additional limitations and modified model (Teixeira- Cardoso -Carpinteri) of claim 1 also teaches the additional limitations of claim 6 as it cited bellow.
As of claim 6, Carpinteri teaches calculating, with the computing device, a PSD-damage parameter based on the identified critical planes, the transformation matrix [A], and the PSD matrix to thereby provide a stress PSD as a function of frequency (page 68 – 69,
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).
Teixeira also teaches calculating, with the computing device, a damage based on the PSD-damage parameter, to thereby estimate the fatigue life of the structure (page 4, Dirlik method is the adopted methodology for damage calculation in the present study. Dirlik proposed the following PDF that works well for both narrow and wide band PSDs:
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Therefore claim 6, is rejected under the same combination of prior arts as of claim 1, it is listed above.
As of claim 2, the modified model teaches all the limitations of claim 1, and Carpinteri also teaches calculating, with the computing device, a PSD-damage parameter based on the identified critical planes, the transformation matrix [A], and the PSD matrix to thereby provide a stress PSD as a function of frequency (page 68 – 69,
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As of claim 3, the modifed model teaches all the limitations of claim 2, and Teixeira also teaches calculating, with the computing device, a damage based on the PSD-damage parameter, to thereby estimate the fatigue life of the structure (page 4, Dirlik method is the adopted methodology for damage calculation in the present study. Dirlik proposed the following PDF that works well for both narrow and wide band PSDs:
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As of claim 4, the modified model teaches all the limitation of claim 1, and Carpinteri also teaches wherein the damage transformation matrix [A] is calculated based on material constants of the structure and direct and shear transformation vectors (page 69,
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As of claim 5, the modified model teaches all the limitations of claim 1, and Cardoso also teaches wherein the predetermined increment of angles θ, φ and ψ is 5° (page 11, Typically, in this search process, the scanning range of each of the three angles varies between [0,180] degrees, with angular increments that cannot be too large as to not compromise the quality of the results and should not be too small as not to impact the computational cost. To meet this requirement, angular increments typically range between 1 and 5 degrees).
Claim 7 is also in the same scope as claim 5, so claim 7 is also rejected under the same rational as of claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ZHU, PING (CN 101393079 B, Date Published 2011-02-02) this application is similar to the claimed invention since it focus on vehicle body structure fatigue life prediction system using finite element method.
PEDERSEN; Claus Bech Wittendorf (US 20230274048 A1, Date Published 2023-08-31) this application is similar to the claimed invention since it focus on fatigue damage sensitivity computation over the finite element model based on the inputs, computing a distribution of sets of fatigue damage sensitivities over the finite element model based on the computed distribution of fatigue damage.
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/ABRHAM ALEHEGN TAMIRU/Examiner, Art Unit 2188
/RYAN F PITARO/Supervisory Patent Examiner, Art Unit 2188
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