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 .
Response to Amendment
The amendment filed on 7/23/2026 has been entered. Claims 14-17 and 61-65 remain pending in the present application. Applicant’s amendments to the claims have overcome the 35 U.S.C. 101 rejection set forth previously.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 14-17 and 65 are rejected under 35 U.S.C. 103 as being unpatentable over Cella et al. (US PGPUB 20200133254) in view of Cella et al. (US PGPUB 20190041836; hereinafter Cella836).
Regarding Claim 14; Cella teaches; A method of controlling and monitoring an aggregate processing system, comprising: operating the aggregate processing system using a plurality of operating characteristics, the aggregate processing system including a first equipment configured to carry out a first type of aggregate processing and a second equipment separate from the first equipment and configured to carry out a second type of aggregate processing different from said first type; (Cella; at least paragraph [0398]; disclose a machine learning facility that constantly monitors and models a plurality of machines, wherein the system includes continuously adjusting a plurality of parameters for a plurality of machines in an industrial process)
varying one or more operating characteristics of the aggregate processing system during processing of aggregate material by said first equipment and said second equipment; (Cella; at least paragraph [0335] and [0392]; disclose monitoring a plurality of machines while varying the operational characteristics of the machines in an industrial setting)
collecting first equipment criteria data from a first equipment criteria sensor associated with said first equipment of the aggregate processing system; (Cella; at least paragraph [0335]; disclose wherein the system and method includes monitoring vibration from a first sensor)
processing said collected first equipment criteria data with algorithm logic or artificial intelligence logic; (Cella; at least paragraph [0397]; disclose processing received equipment data utilizing machine learning/artificial intelligence algorithms)
using the algorithm logic or artificial intelligence logic, estimating an operational failure of said first equipment; (Cella; at least paragraph [0290]; disclose using artificial intelligence to analyze a plurality of data from various sensors which are then used to predict failure of a piece of equipment)
displaying a warning related to said operational failure; and (Cella; at least paragraph [0429]; disclose providing an alert to a user related to detection of an operational failure)
recommending a maintenance action related to said estimated operational failure. (Cella; at least paragraph [0066]; disclose wherein the system and method includes recommending a service/maintenance action in order to help prevent/mitigate the failure).
Cella appears to be silent on; sending a control signal to vary one or more operating characteristics of said second equipment to delay said estimated operational failure of said first equipment;
However, Cella836 teaches; sending a control signal to vary one or more operating characteristics of said second equipment to delay said estimated operational failure of said first equipment; (Cella836; at least paragraph [0016]; disclose a system and method wherein the system and method can include taking proactive action by rebalancing process loads between multiple equipment, that is, adjusting operational characteristics of a second piece of equipment such that the resulting action results in extending the life of a first piece of equipment (i.e. delay operational failure) such that an industrial process may continue operating).
Cella and Cella836 are analogous art because they are from the same field of endeavor or problem solving area of, monitoring and control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method for adjusting a secondary piece of equipment to extend the life of a primary piece of equipment as taught by Cella836 with the known system of a monitoring and control system as taught by Cella in order to provide a system for improving optimization of the industrial processes while reducing failure/downtime of components as taught by Cella836 (see paragraph [1045]).
Regarding Claim 15; the combination of Cella and Cella836 teach; The method of claim 14, further comprising: collecting product quantity data from one or more product quantity sensors associated with the aggregate processing system; and processing said collected product quantity with algorithm logic or artificial intelligence logic. (Cella; at least paragraphs [0397] and [0731]; disclose using artificial intelligence algorithms to process data and wherein the data includes product output quantity).
Regarding Claim 16; the combination of Cella and Cella836 teach; The method of claim 14, further comprising: collecting product characteristic data from one or more product characteristic sensors associated with the aggregate processing system; and processing said collected product characteristic data with algorithm logic or artificial intelligence logic. (Cella; at least paragraphs [0397] and [0731]; disclose using artificial intelligence algorithms to process data and wherein the data includes product output quality as characteristic data).
Regarding Claim 17; the combination of Cella and Cella836 teach; The method of claim 14, further comprising: collecting second equipment criteria data from a second equipment criteria sensor associated with said second equipment of the aggregate processing system; and processing said collected second equipment criteria data with algorithm logic or artificial intelligence logic. (Cella; at least paragraphs [0397] and [0729]; disclose using artificial intelligence algorithms to process data, wherein the data includes a plurality of equipment criteria data considered (i.e. RPMs, component load, temperature, pressure, vibration, etc.)).
Regarding Claim 65; the combination of Cella and Cella836 teach; The method of claim 14, wherein said second equipment comprises a conveyor, wherein said control signal is sent to vary an operating speed of the conveyor. (Cella; at least paragraph [0677]-[0678]).
Claim 61 is rejected under 35 U.S.C. 103 as being unpatentable over Cella et al. (US PGPUB 20200133254) in view of Cella et al. (US PGPUB 20190041836; hereinafter Cella836) in further view of Anderson, JR. (US PGPUB 20140263777).
Regarding Claim 61; the combination of Cella and Cella836 teach; The method of claim 14, wherein said second equipment comprises a crusher, (Cella; at least paragraph [1767]).
Cella and Cella836 appear to be silent on; …wherein said control signal is sent to vary an operating speed of the crusher.
However, Anderson teaches; …wherein said control signal is sent to vary an operating speed of the crusher. (Anderson; at least paragraphs [0004]-[0007]; disclose a crusher system and method for receiving operating characteristics which require it to adjust the operating speed of the crusher based on received sensor readings, and wherein the detected sensor readings can be utilized by Cella to determine maintenance needs).
Cella, Cella836, and Anderson are analogous art because they are from the same field of endeavor or problem solving area of, monitoring and control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method for adjusting a crusher speed with the known system of a fault/maintenance monitoring and control system as taught by Anderson with the known system of a monitoring and control system as taught by Cella and Cella836 in order to provide a system wherein the crusher experiences less downtime and lower power consumption as taught by Anderson (see paragraph [0004]).
Claim 62 is rejected under 35 U.S.C. 103 as being unpatentable over Cella et al. (US PGPUB 20200133254) in view of Cella et al. (US PGPUB 20190041836; hereinafter Cella836) in further view of Meier et al. (US PGPUB 20220097076).
Regarding Claim 62; the combination of Cella and Cella836 teach; The method of claim 14, wherein said second equipment comprises a crusher, (Cella; at least paragraph [1767]).
Cella and Cella836 appears to be silent on; … wherein said control signal is sent to vary a crushing gap of the crusher.
However, Meier teaches; … wherein said control signal is sent to vary a crushing gap of the crusher. (Meier; at least paragraphs [0008]-[0014]; disclose a crusher system and method wherein the crushing gap of a crusher is adjusted and the impact of the gap change is sensed by sensors, and wherein the detected sensor readings can be utilized by Cella to determine maintenance needs).
Cella, Cella836, and Meier are analogous art because they are from the same field of endeavor or problem solving area of, monitoring and control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method for adjusting a crusher gap with the known system of a fault/maintenance monitoring and control system as taught by Meier with the known system of a monitoring and control system as taught by Cella and Cella836 in order to provide a system wherein crusher wear can be reduced based upon measured readings as taught by Meier (see paragraph [0021]).
Claims 63-64 are rejected under 35 U.S.C. 103 as being unpatentable over Cella et al. (US PGPUB 20200133254) in view of Cella et al. (US PGPUB 20190041836; hereinafter Cella836) in further view of Aqueveque (“Development of a Cyber-Physical System to Monitor Early Failures Detection in Vibrating Screens”).
Regarding Claim 63; the combination of Cella and Cella836 appear to be silent on; The method of claim 14, wherein second equipment comprises a vibratory classifier, wherein said control signal is sent to vary an operating speed of the vibratory classifier.
However, Aqueveque teaches; The method of claim 14, wherein second equipment comprises a vibratory classifier, wherein said control signal is sent to vary an operating speed of the vibratory classifier. (Aqueveque; at least page 3 of 20; section II; page 13 of 20, section A. Anomaly detection; disclose a system and method for providing various adjustments to parameters, including velocity, of a vibrating classification screen, and using the data to detect anomalies).
Cella, Cella836, and Aqueveque are analogous art because they are from the same field of endeavor or problem solving area of, monitoring and control systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the disclosed invention to have incorporated the known method of simulating various characteristics of a vibratory screen with the known system of a fault/maintenance monitoring and control system as taught by Aqueveque with the known system of a monitoring and control system as taught by Cella and Cella836 in order to provide a system which can avoid unplanned downtime and increase operational availability as taught by Aqueveque (see Introduction).
Regarding Claim 64; the combination Cella, Cella836, and Aqueveque teach; The method of claim 14, wherein said second equipment comprises a vibratory classifier, wherein said control signal is sent to vary an angle of a classifying deck of the vibratory classifier. (Aqueveque; at least section B. Dem data-generating process; discloses modeling the adjustment of the inclination angle of the screen and its effects on the vibrating screen system).
Response to Arguments
Applicant’s arguments, see pages 14-15, filed7/23/2026, with respect to the rejection(s) of claim 14-17 and 65 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Cella et al. (US PGPUB 20200133254) in view of Cella et al. (US PGPUB 20190041836; hereinafter Cella836).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Long et al. (US PGPUB 20050143956): disclose a system and method for monitoring the useful life and predicted failure of a plurality of components, wherein the system and method further includes adjusting respective component utilizations in order to prevent failure of the components and extend useful life.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER W CARTER whose telephone number is (469)295-9262. The examiner can normally be reached 9-6:30.
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/CHRISTOPHER W CARTER/Examiner, Art Unit 2117
