CTNF 18/405,452 CTNF 87724 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-22 AIA The drawings are objected to because Figures 7-10, 26A-26D contains text that is partially illegible . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. A subject matter eligibility analysis is set forth below. See MPEP 2106. Under Step 1 of the analysis, claim 1 , belongs to a statutory category namely a device. Under Step 2A, prong 1 : This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim. The claim(s) 1 recite(s) concepts related to mathematical algorithms/concepts, and mental processes and concepts performed in the human mind e.g. observation, evaluation, judgment, opinion to generate at least one of: first screen display information to display performance information indicating performance of a condenser, the performance of the condenser being predicted based on measurement information that is measured or input information that is input ; and second screen display information to display residual thickness information indicating a residual ratio of thickness of a tube of the condenser, the residual ratio being predicted based on the input information.” (emphasis added) . The concepts discussed above can be considered to describe mental processes, namely concepts performed in the human mind or with pen and paper , and/or mathematical concepts, namely a series of calculations leading to one or more numerical results or answers (emphasis added). Although, the claim does not spell out any particular equation or formula being used, the lack of specific equations for individual steps merely points out that the claim would monopolize all possible calculations in performing the steps. These steps recited by the claims, therefore amount to a series of mental or mathematical steps, making these limitations amount to an abstract idea. Step 2A, prong 2 of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. This judicial exception is not integrated into a practical application because the abstract idea is not performed by using any particular device and because the recitation of “display information generating circuitry ” , amounts to the recitation of a general purpose computer to implement the abstract idea and the recitation of “measurement information that is measured or input information…” is mere gathering recited at high level of generality generally linking the abstract idea to ta field of use (i.e. condenser state predicting) and the results of the algorithm are merely output/stored as part of insignificant post-solution activity ( i.e. display performance information…, display residual thickness information… ), and are not used in any particular matter as to integrate the abstract idea in a practical application. Under Step 2B , the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as described above with respect to Step 2A Prong 2, merely amount to a general purpose computer , used to apply the abstract idea and mere data gathering/output recited at a high level of generality and insignificant extra-solution activity that when further analyzed under Step 2B is found to be well-understood, routine and conventional activities as evidenced by MPEP 2106.05(d)(II); and because the data of performing the algorithm must necessarily be “obtained” and the use of a general purpose computer to implement the abstract idea for performing the algorithm does not amount to significantly more than the recitation of the abstract idea itself. Therefore, claim 1 is rejected under 35 U.S.C. 101 as directed to an abstract idea without significantly more. Dependent claims 2-6 merely expand on the abstract idea by appending additional steps to the mathematical algorithm on their respective independent claim 1. Dependent claims 2-6 merely expands on the abstract idea by reciting additional steps related to mathematical algorithms/concepts, and mental processes and concepts performed in the human mind e.g. observation, evaluation, judgment, opinion and mere characterization of the data acquired and applied for performing the abstract idea and mere data characterization. Dependent claims 2-6 , do not set forth further additional elements that integrate the rejected abstract idea into a practical application or amount to significantly more than the abstract idea itself. Therefore, these claims are found to be ineligible for the reasons described with respect to independent claim 1 from which they depend. With respect to dependent claim 6 , the claim further recites aspects of the abstract idea (i.e. “ calculation of the performance information based on the cooling water inlet temperature and the cooling water outlet temperature; and calculation of the residual thickness information based on the cumulative operating time of the condenser. ”) and introduces the additional element of “ a measurement data obtaining unit configured to obtain at least either a cooling water inlet temperature of cooling water flowing into a tube of the condenser and a cooling water outlet temperature of the cooling water discharged from the tube of the condenser or a cumulative operating time of the condenser” and “an arithmetic unit”, however this merely amounts to the recitation of a general purpose computer (i.e. an arithmetic unit) to implement the abstract idea and to mere data gathering recited at a high level of generality and generally linking the abstract idea to a field of use and to insignificant extra-solution activity. Therefore, for similar reasons as discussed above, the additional elements disclosed by dependent c laims 6 fail to integrate the recited abstract idea into a practical application or amount to significantly more than the abstract idea itself. Therefore claims 1-6 are rejected under 35 USC 101 as being directed to non-statutory subject matter. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1-6 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kikuna et al. JPH08178172A ( hereinafter Kikuna ) . Regarding claim 1 , Kikuna disclose a condenser state predicting device comprising a display information generating circuitry ( see para. 0024-0025, 0027 0036, “system outputs and displays information” ) configured to generate at least one of: first screen display information to display performance information indicating performance of a condenser ( see para.0020, 0024-0025, 0027, 0036, 0043 “calculation and evaluation method of thinning due to erosion and corrosion of equipment and piping systems” is disclosed ) , the performance of the condenser being predicted based on measurement information that is measured or input information that is input ( see para. 0036-0038, 0043, wherein thinning calculation to predict the lifespan is disclosed ) ; and second screen display information to display residual thickness information indicating a residual ratio of thickness of a tube of the condenser, the residual ratio being predicted based on the input information ( see abstract, para. 0020, wherein wall thickness based on the rate of wall thickness reduction is disclosed; 0024-0025, 0027, 0030, wherein the system outputs and displays information on inspections; 0031, 0036-0038, wherein wall thickness is being measured and wall-thinning monitoring is disclosed ) . Regarding claim 2 , Kikuna disclose the materials as applied above for claim 1. Kikuna further disclose the performance information includes at least one of a cleanliness factor, an internal pressure, and a contribution rate of an overall heat transfer coefficient in the condenser ( see para. 0034, 0064, 0068, wherein at least pressure, material composition, dissolved iron concentration, organic matter concentration and dissolved silicon oxide concentration [cleanliness factor] and temperature is disclosed ) . Regarding claim 3 , Kikuna disclose the materials as applied above for claim 1. Kikuna further disclose wherein the first screen display information includes: first calculation data indicating the performance information calculated based on a first calculation condition ( see para. 0020 wherein amount of wall thinning at measured and inspected parts is calculated and the rate of change in wall thinning at that part is calculated ) ; and second calculation data indicating the performance information calculated based on a second calculation condition different from the first calculation condition ( see para. 0020-0021, where minimum required wall thickness for piping system is calculated and wherein its lifespan can be determined; see para. 0024 wherein model formula for thinning calculation to predict the lifespan of equipment is disclosed ) . Regarding claim 4 , Kikuna disclose the materials as applied above for claim 1. Kikuna further disclose wherein the second screen display information includes: first calculation data indicating the residual thickness information predicted based on the input information ( see para. 0020-0021, 0024, 0027-0028, wherein calculation and evaluation of thinning of piping system by inputting literature data [first calculation data] and experimental data on thinning is disclosed, and wherein lifespan predictions is disclosed ) ; and second calculation data indicating the residual thickness information predicted based on information that is different from the input information and is input ( see para. 0020-0021, 0024, 0027-0028, wherein calculation and evaluation of thinning of piping system by inputting literature data and experimental data [second calculation data] on thinning is disclosed, and wherein lifespan predictions is disclosed; 0035-0036 ) . Regarding claim 5 , Kikuna disclose the materials as applied above for claim 3. Kikuna further disclose , wherein the second calculation condition is composed of a latest calculation condition ( see para. 0018, where the inspection is based on the results of previous thickness measurements, 0020-0021, wherein based on the evaluation next inspection plan is created and wall thickness reduction management is carried out and wherein pipe wall thickness at the measurement point during the initial operation is the minimum measured value t1, in the first measurement, and t in the second measurement it becomes t2 from the minimum measured value t1 ) , and the first calculation condition is composed of a calculation condition set prior to a calculation result that is based on the second calculation condition (see para. see para. 0018 and 0020-0021, wherein the initial wall thickness of the piping is measured at the factory before use or operation and based on the initial wall thickness information the amount of wall thinning is calculated; 0024, 0027-0028, wherein calculation and evaluation of thinning of piping system by inputting literature data [first calculation data] and experimental data on thinning is disclosed ) . Regarding claim 6, Kikuna disclose the materials as discussed above with respect to claim 1. Kikuna further disclose a measurement data obtaining unit (see para. 0018, 0020, 0031, wherein measurements are obtained over time and changes in wall thickness over time are managed and evaluated, therefore the measurement data obtaining unit is implied, wherein monitoring by thickness measurement is performed until replacement by continuous monitoring by thickness measurement; para. 0037, wherein an online wall-thinning monitoring system ids disclosed ) configured to obtain at least either a cooling water inlet temperature of cooling water flowing into a tube of the condenser and a cooling water outlet temperature of the cooling water discharged from the tube of the condenser or a cumulative operating time of the condenser ( see 0018, 0023 “evaluate and manage the year-to-year variation in wall thickness”, therefore the cumulative operating time of the condenser is implied ) ; and an arithmetic unit ( see para. 0027 “calculation and evaluation system ) configured to execute at least one of : calculation of the performance information based on the cooling water inlet temperature and the cooling water outlet temperature ; and calculation of the residual thickness information based on the cumulative operating time of the condenser ( see para. 0023, “evaluate and manage the year-to-year variation in wall thickness reduction” ) . Examiner Notes that the limitations recited by claim 6 have been claimed on the alternative only requiring at least either a cooling water inlet temperature of cooling water flowing into a tube of the condenser and a cooling water outlet temperature of the cooling water discharged from the tube of the condenser or a cumulative operating time of the condenser to be obtained by the measurement data obtaining unit and thus under the broadest reasonable interpretation the recited “a cooling water inlet temperature of cooling water flowing into a tube of the condenser and a cooling water outlet temperature of the cooling water discharged from the tube of the condenser” is not given patentable weight . Similarly, the calculation steps recited as being executed by the claimed arithmetic unit are required in the alternative as requiring to execute at least one of : calculation of the performance information based on the cooling water inlet temperature and the cooling water outlet temperature; and calculation of the residual thickness information based on the cumulative operating time of the condenser, and thus under the broadest reasonable interpretation the recited “calculation of the performance information based on the cooling water inlet temperature and the cooling water outlet temperature” is not given patentable weight , see at least MPEP 2143.03: “ In addition, when a claim requires a selection of an element from a list of alternatives , the prior art teaches the element if one of the alternatives is taught by the prior art. ” and MPEP 2111.04(i): “Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. ” Therefore, the subject matter of claim 6 is disclosed by Kikuna as it discloses all the limitations in bold above as the “ a cooling water inlet temperature of cooling water flowing into a tube of the condenser and a cooling water outlet temperature of the cooling water discharged from the tube of the condenser ” which is measurement data intended to be obtained by the measurement data obtaining unit and “ calculation of the performance information based on the cooling water inlet temperature and the cooling water outlet temperature ” which is intended to be executed by the arithmetic unit are claimed in the alternative and thus are not required by the scope of the invention . Conclusion 07-96 The prior art made of record cited in form PTOL-892 and not relied upon is considered pertinent to applicant's disclosure. Quin et al. CN102779217A (hereinafter Quin).Regarding claim 1 , Quin disclose a condenser state predicting device comprising a display information generating circuitry ( see abstract, “computer simulation performance computation method”, “a condenser structure computing module”; para. 0007, “predicting the operating characteristics of heat exchange equipment is the basis of the design” ) configured to generate at least one of: first screen display information to display performance information indicating performance of a condenser ( see para. 0154, 0162 ) , the performance of the condenser being predicted based on measurement information that is measured or input information that is input (see para. 0007, 0010, 0012-0013, 0235, wherein performance curve of the compressor is disclosed). Nakao JP 2007017186 A disclose method of calculating the thinning rate (see abstract) and diagnosing and suppressing remaining life of flow-accelerated corrosion damage in a carbon steel and CrMo steel piping and heat transfer tubes (see para. 0001) in order to predict lifespan (see para. 0007), detect wall thinning during periodic inspections and assessing remaining service life (see para. 0009). Hayashi et al. US 2005/0284346A1 disclose a diagnosis method, apparatus for a boiler degradation diagnosis in which thermal transmission rate calculated based upon a thermal conductivity rate of pipes and transfer rate of steam and gas from a difference in thermal quantity of gas or steam between an entrance and exit of a heat exchanger with respect to one of heat exchangers constituting the boiler is disclosed and wherein rates are compared and diagnosis is carried out (see abstract, para. 0080, claim 1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to YARITZA H PEREZ BERMUDEZ whose telephone number is (571)270-1520. The examiner can normally be reached Monday-Friday. 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, Shelby A Turner can be reached at (571) 272-6334. 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. /YARITZA H. PEREZ BERMUDEZ/ Examiner Art Unit 2857 /SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857 Application/Control Number: 18/405,452 Page 2 Art Unit: 2857 Application/Control Number: 18/405,452 Page 3 Art Unit: 2857 Application/Control Number: 18/405,452 Page 4 Art Unit: 2857 Application/Control Number: 18/405,452 Page 5 Art Unit: 2857 Application/Control Number: 18/405,452 Page 6 Art Unit: 2857 Application/Control Number: 18/405,452 Page 7 Art Unit: 2857 Application/Control Number: 18/405,452 Page 8 Art Unit: 2857 Application/Control Number: 18/405,452 Page 9 Art Unit: 2857 Application/Control Number: 18/405,452 Page 10 Art Unit: 2857 Application/Control Number: 18/405,452 Page 11 Art Unit: 2857 Application/Control Number: 18/405,452 Page 12 Art Unit: 2857 Application/Control Number: 18/405,452 Page 13 Art Unit: 2857 Application/Control Number: 18/405,452 Page 14 Art Unit: 2857
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