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 .
Herein after “it would have been obvious” should be read as “it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention”.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim 4 had 3 limitations in the alternative. The examiner notes Vanberg et al taught 1 of the 3 limitations “Vanberg et al teaches a user input and a predetermined time width ‘predetermined period of time’”. Due to the alternative language, there was no need to search for the other two limitation that have been moved into independent claim 1 still in the alternative. The examiner is therefore citing multiple references that teach both of the alternative limitations incorporated into claim 1. Dorfman PN 2018/0369713 teaches displaying temperature widths/ranges (Claim 15. “An atmospheric water generator as defined in claim 11 wherein the dispense temperature selection interface is configured to display the one or more temperature ranges to the user” Tsutsumi et al PN 2019/0293721 teaches displaying a temperature ranges/widths [0005] “A battery temperature display device of a vehicle (such as the vehicle V to be described later) displays a temperature of a secondary battery (such as the secondary battery 1 to be described later) which supplies power to a motor generator (such as the motor generator M to be described later) connected to drive wheels (such as the drive wheels W to be described later) and is characterized in including: a plurality of display elements (such as the segments on the battery temperature meter 6 to be described later) sequentially arranged according to values of a display temperature so as to respectively display each of a plurality of temperature ranges into which a predetermined total temperature display range of the secondary battery is divided, wherein the plurality of display elements include a highest temperature display element (such as the segment 61 to be described later) that displays a temperature range of the highest temperature in which discharge and charge of the secondary battery are restricted in the total temperature display range, and a lowest temperature display element (such as the segment 62 to be described later) that displays a temperature range of the lowest temperature in which the discharge and charge of the secondary battery are restricted in the total temperature display range; and a display control part (such as the display control device TIU to be described later) for changing boundaries between the highest temperature display element, the lowest temperature display element and other display elements or thresholds related to divisions of the display temperature in accordance with an operation state of the vehicle or a use state of the secondary battery”. Heitz et al PN 2020/0217727 teaches displaying temperature ranges/widths [0034] “Instead, a range of temperatures is displayed or otherwise indicated on the local device 7 or the remote device 10”. Akimoto PN 2009/0077407 teaches displaying a power width/range ([0148] “In response to an exemplary operation from a user input/output apparatus configured with an input apparatus 431 and a display apparatus 432, the user interface 413 displays contents of the retained power value 426, the minimum power consumption value 425 and the maximum power consumption value 121, which have been stored in the storage apparatus 117, on the display apparatus 432, and also changes settings of the retained power value 426 and the minimum power consumption value 425”. Creekmore et al teaches displaying a power width form 0-100% [0028] “In other words, the spectrum displayed by the power meter display 216 ranges from 0% to 100% of the available power from the generator”. Kimball et al PN 2022/0331054 teaches displaying a power width/range. [0187] “FIG. 30 is an image 1500 of an ultrasonic generator power level display graphic 1502. The display graphic 1502 informs of the generator type and minimum and maximum power levels. One or more graphic elements of the image 1500 may be overlaid on the jaw of the ultrasonic end effector or anywhere in the surgical area in the surgical field of view displayed on a display as described in FIGS. 11-26”.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanberg et al PN2017/0292801 in view of Osborn et al PN 2005/0133211, Brunner et al PN 2002/0091498 and Kimball et al PN 2022/0221054.
In regards to claim 1: Vanberg et al teaches a power generator ("genset" ([0004] "The heat exchanger unit may be used for cooling various utility fluids used with a heat generating device, such as an engine, a pump, or a genset" [0065] 'The term "genset" (or generator set) as used herein can refer to a 'diesel generator' or the combination of a diesel engine (or comparable) and an electric generator. The genset can convert mechanical energy to electrical energy" cooler (heat exchanger) performance monitoring device ([0222] "Once a recipient has completed its applicable transaction, and the system has been associated with at least one monitoring module, the recipient may be provided with the capability to track and monitor one or more characteristics or properties respective to an individual heat exchanger unit performance") for a power generator (genset), the device comprising an image data generator configured to generate display information ([0193] “The input/output (I/O) device(s) may include an input device such as, for example, a mobile device, a keyboard, a mouse, a touchscreen, a microphone, a camera, a scanner, and SO forth. The I/O device(s) may include an output device such as, for example, a display, a printer, an email, a text message, and SO forth" [0124] "In aspects, the microcontroller is powered at least partially by at the at least one sensor. The indication is communicated to an end user by way of at least one of: a text message, an email, an audio signal, display, a visual indicator, and combinations thereof. The indication may be related to an amount of fouling present within the airflow side".) for displaying: fouling degree- related information regarding fouling degrees ([0004] "This disclosure generally relates to a heat exchanger unit with characteristics of improved: airflow, noise reduction, cooling efficiency, and/or structural integrity. Other aspects relate to a system for monitoring airflow through a heat exchanger unit, or fouling related thereto. In particular embodiments, a monitoring module is mounted externally to the heat exchanger unit of a monitored system, the system being usable to monitor fouling of the unit, and provide an associated warning. The heat exchanger unit may be used for cooling various utility fluids used with a heat generating device, such as an engine, a pump, or a genset. Other embodiments pertain to a method of monitoring fouling, as well as a method for using a monitoring system" [0026] “The system signal may pertain to an amount of fouling associated with the airflow side of the at least one cooler") of a power generator (genset) cooler (heat exchanger) cooling pipe calculated based on information regarding the power generator (genset); Vanberg et al does not teach "past-to present" (i.e. a graph) display only the current display. Vanberg et al also does not teach future degree-related information. Osborn et al teach a graph of fouling (figure 7 line 108 actual measured fouling 110 and 112 are models.). It would have been obvious to graph the fouling past to present because this is a form of display data commonly used for fouling. Osborn et al also teaches ([0053] "Fouling factor predictor module 82, then, may estimate the effects of the fluid chemistry on the current and future fouling of the system. Such estimations may be based upon known characteristics or tendencies of the fluids to deposit or to precipitate fouling materials, to react with or to corrode materials of the system, or to permit or inhibit microbial growth. Module 88, then, allows for computation of overall and individual fouling factors SO as to provide an indication of performance of the system, fouling of the individual heat transfer surfaces, both with and without changes in treatment of the fluids"). Osborn et al does not teach displaying this graph merely the existence of it. Brunner et al teaches ([0035] "Information display module 40 takes the associate's selections from input screen 100, sends these selections to processor 14 which correspondingly retrieves the selected data points from database 12. Information display module 40 then displays this data graphically on information display screen 150 as shown in FIG. 4. Information display screen 150 can display data from daily data collection system 26 as well as manually inputted data entered in other modules. Information display screen 150 is capable of displaying a plurality of graphs simultaneously. Each graph also has the capability to display a plurality of data sets. For example, the two selected data sets from input screen 100 "system rate" and "output/hr." are both displayed on graph 152. Information display module also has the capability to graph standard deviation as shown in graph 154, data set maximum and minimum values as in graph 156, and the average value for a data set shown in graph 158. Information display module 40 can also incorporate trend lines in all graphs. Information display module 40 has the further capability to predict and display future values for a data set based on an analysis of historic trends in any selected data set. This future value is depicted as the dotted line portion of graph 160. Preferably, the associate evaluates this predicted value when obtaining a production performance projection in step 50. All data or graphs displayed by information display module 40 can be printed on printer 25"). It would have been obvious to also display projected future fouling on the graph as a dotted or dashed line because this would have allowed the user to recognize when the fouling was going to be above a limit and schedule maintenance. Vanberg et al teaches displaying data on the genset including a period of time. Vanberg et al does teach monitoring values such as pressure, temperature, noise etc. but does not teach displaying either a power width/range or a temperature width/range. Brunner et al teaches graphically displaying data set values maximum to minimum. This is a width/range. While this would make obvious displaying a temperature width/range without another reference, Kimball et al is cited for expressly teaching displaying a power width/range. [0187] “FIG. 30 is an image 1500 of an ultrasonic generator power level display graphic 1502. The display graphic 1502 informs of the generator type and minimum and maximum power levels. One or more graphic elements of the image 1500 may be overlaid on the jaw of the ultrasonic end effector or anywhere in the surgical area in the surgical field of view displayed on a display as described in FIGS. 11-26”. It would have been obvious to display the power and/or temperature range/width maximum to minimum in the graphical display because this would have provided grater information to the user.
In regards to claim 2: Osborn teaches a time series (graph) of the fouling.
In regards to claim 3: Vanberg et al teaches averaging ([0029] "The microcontroller may be configured or otherwise programmed with computer instructions for performing one or more of the tasks of: acquiring a set of data from the at least one sensor; sampling the set of data over a predetermined period of time; computing an average and a standard deviation of the set of data; comparing the standard deviation with predetermined data; determining whether the set of data is acceptable within a defined parameter")
In regards to claim 4: Vanberg et al teaches a user input and a predetermined time width "predetermined period of time".
In regards to claim 6: Osborn et al teaches ([0056] "Based upon diagnostic and prognostic results, then, from the reasoning engine, appropriate recommendations for treatments or other corrective actions or maintenance of the system may be provided") The treatment is cleaning.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanberg et al PN2017/0292801 in view of Osborn et al PN 2005/0133211, Brunner et al PN 2002/0091498 and Kimball et al PN 2022/0221054 as applied to claim 1 above, and further in view of Murray et al PN 2004/0215775.
In regards to claim 7: Vanberg et al teaches an input unit ("sensor" [0068] "The term "sensor" as used herein can refer to a device that detects or measures a physical property and may record, indicate, or otherwise respond to it. The output of a sensor can be an analog or digital signal". Vanberg et al does not teach calculating missing information/data based on the measured state quantities. Murry, Jr et al teaches ([0080] "The configurator, concurrent with the limited configure process, initiates an information gathering subprocess to determine (either through measurement or suitably accurate estimation) the missing information"). It would have been obvious to calculate/estimate any missing information because this would have smoother out the curve on the graph.
Allowable Subject Matter
Claim 8 allowed.
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Osborn teaches the predicted future fouling is "Based upon identified trends over time, a model of fouling may also be selected to more accurately predict future fouling, actions required, maintenance procedures, treatments, and so forth." Brunner et al teaches predicting based on an "analysis of historic trends". The examiner could find no references that predicted future fouling based upon "based on a maximum increase rate of the past fouling".
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Multiple references are cited teaching displaying temperature ranges and power ranges.
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 PAUL R MYERS whose telephone number is (571)272-3639. The examiner can normally be reached telework M-F start 7-8 leave 4-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jaweed Abbaszadeh can be reached at 571-270-1640. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Paul R. MYERS/Primary Examiner, Art Unit 2176
Prosecution Insights