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 .
Information Disclosure Statement
The references listed in the Information Disclosure Statements filed have been considered by the examiner (see attached PTO-1449 forms).
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a system comprising: at least one acoustic sensor configured to generate at least one time-dependent acoustic data signal indicative of an acoustic signal generated by a cold spray system performing a process possessing a plurality of process attributes; and a computing device comprising: an acoustic data signal processing module configured to: receive the at least one time-dependent acoustic data signal; and transform the at least one time-dependent acoustic data signal to a frequency-domain spectrum, wherein each process attribute of the plurality of process attributes is associated with at least one respective frequency band; and a correlation module configured to determine a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum,
Claim 12 recites a method comprising: receiving, by a computing device, from at least one acoustic sensor, at least one time-dependent acoustic data signal indicative of an acoustic signal generated by a cold spray system performing a process possessing a plurality of process attributes; transforming, by the computing device, the at least one time-dependent acoustic data signal to a frequency-domain spectrum, wherein each process attribute of the plurality of process attributes is associated with at least one respective frequency band; and determining, by the computing device, a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum…
Claim 20 recites a computer readable storage medium comprising instructions that, when executed, cause at least one processor to: receive, from at least one acoustic sensor, at least one time-dependent acoustic data signal indicative of an acoustic signal generated by a cold spray system performing a process possessing a plurality of process attributes; transform the at least one time-dependent acoustic data signal to a frequency-domain spectrum, wherein each process attribute of the plurality of process attributes is associated with at least one respective frequency band; and determine a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum…
and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations.
These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claim 1) “at least one acoustic sensor configured to generate at least one time-dependent acoustic data signal indicative of an acoustic signal” (claim 12) “receiving, by a computing device, from at least one acoustic sensor, at least one time-dependent acoustic data signal indicative of an acoustic signal generated by a cold spray system performing a process possessing a plurality of process attributes” (claim 20) “receive, from at least one acoustic sensor, at least one time-dependent acoustic data signal indicative of an acoustic signal generated by a cold spray system performing a process possessing a plurality of process attributes” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional elements (claims 1, 12 and 20) the “a computing device and a processor” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. All of which are considered not indicative of integration into a practical application (see MPEP 2106.04(d)).
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 are considered extra-solution activity of pre-solution and post-solution activity which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional elements of the computing device and processor are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f).
Dependent claims 2-11 and 13-19 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory matter.
The claim is drawn to a “computer readable medium”. The broadest reasonable interpretation of a claim drawn to a computer readable medium covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (see MPEP 2111.01). Because the broadest reasonable interpretation covers a signal per se, a rejection under 35 USC 101 is appropriate as covering non-statutory subject matter.
The Examiner suggests that Applicant amends the claims as follows: “non-transitory computer readable medium containing computer instructions stored therein for causing a computer processor to perform steps of”.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cybulsky et al. [US Patent Application Publication Number 2016/0354796 A1; hereinafter “Cybulsky”] in view of Ruminski et al. [US Patent Application Publication Number 2025/0092501 A1; hereinafter “Ruminski”].
Regarding claim 1, Cybulsky teaches a system (figure 3, analyzing an acoustic signal generated by a thermal spray system – 0054) comprising:
at least one acoustic sensor configured to generate at least one time-dependent acoustic data signal indicative of an acoustic signal generated by a thermal system performing a process possessing a plurality of process attributes (at least one time-dependent acoustic data signal indicative of acoustic signals generated by thermal spray system - 0055); and
a computing device comprising: an acoustic data signal processing module (acoustic data signal processing module of computing device - 0055) configured to:
receive the at least one time-dependent acoustic data signal (receiving from at least one acoustic sensor at least one time-dependent acoustic data signal - 0055); and
transform the at least one time-dependent acoustic data signal to a frequency-domain spectrum, wherein each process attribute of the plurality of process attributes is associated with at least one respective frequency band (transforming at least one time-dependent acoustic data signal to a frequency-domain spectrum - 0056); and
a correlation module configured to determine a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum (determining a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum - 0057).
While Cybulsky teaches the above limitations, Cybulsky does not specifically disclose performing thermal spray monitoring on a cold spray system.
Ruminski teaches tools and techniques to control and monitor coating systems, comprising a multi-component thermal spray subsystem and a powder feeder subsystem using real time powder flow data and mass flow data from thermal spray technologies such as flame spray, cold spray, and/or other suitable spray techniques.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Cybulsky to further be capable of a cold spray system in addition to thermal system as taught by Ruminski for the benefits of ensuring a highly consistent multi-component coating is maintained by monitoring a variety of suitable spray techniques (Ruminski – 0022).
Regarding claim 2, Cybulsky teaches the acoustic data signal processing module is configured to transform the at least one time-dependent acoustic data signal to the frequency-domain spectrum using at least one of a discrete Fourier transform or a fast Fourier transform (a fast Fourier transform or a discrete Fourier transform - 0056).
Regarding claim 3, Cybulsky teaches the correlation module is configured to determine the process attribute by at least: extracting a plurality of intensities from a selected frequency band of the frequency-domain spectrum, each intensity of the plurality of intensities corresponding to a respective frequency of a plurality of frequencies within the selected frequency band; and selecting at least one of an intensity of the plurality of intensities or the respective frequency of the plurality of frequencies as the at least one characteristic (see page 10, paragraph 0082, claim 3).
Regarding claim 4, Cybulsky teaches the at least one characteristic comprises at least one of a peak frequency or a peak intensity ((for instance, peal intensity) or the frequency associated with the maximum intensity (for instance, peak frequency) - 0062).
Regarding claim 5, Cybulsky teaches the correlation module is further configured to determine the process attribute by at least comparing the at least one characteristic at a first interval of time with the at least one characteristic at a second interval of time (first interval of time - 0066).
Regarding claim 6, Cybulsky teaches the correlation module is further configured to determine the process attribute by at least comparing the at least one characteristic at a third interval of time with a predetermined characteristic value range (see page 10, paragraph 0082, claim 6).
Regarding claim 7, Cybulsky teaches the correlation module is further configured to determine the process attribute by at least comparing the at least one characteristic at a fourth interval of time with a respective known characteristic of a known frequency-domain spectrum (see page 10, paragraph 0082, claim 7).
Regarding claim 8, Cybulsky teaches the process attribute of the plurality of process attributes comprises at least one of: a process parameter comprising at least one of a temperature, a pressure, a mass flow rate, a volumetric flow rate, a molecular flow rate, a molar flow rate, a composition or a concentration, of a flowstream (a process parameter that may include at least one of a temperature… - 0068); or
a process deviation status comprising at least one of powder pulsing, material feed fluctuation, flow blockage, gas leakage, or a process deviation resulting from incompatibility, wear, or blockage of a system component (process deviation may include at least one of material feed fluctuation, for instance, powder pulsing - 0069).
Regarding claim 9, Cybulsky teaches the system component comprises at least one of a cold spray gun, a powder port, or a material inlet port (see page 10, paragraph 0082, claim 9).
Regarding claim 10, Cybulsky teaches the computing device further comprises an output device configured to output a representation of at least one of the at least one time-dependent acoustic data signal, the frequency-domain spectrum, the at least one characteristic of the frequency-domain spectrum, or the process attribute of which the at least one characteristic is indicative (outputs a representation - 0048).
Regarding claim 11, Cybulsky teaches the process comprises at least one of spraying, electrical arcing, flow shock, powder transport, or mechanical motion (see page 10, paragraph 0082, claim 11).
Regarding claim 12, Cybulsky teaches a method comprising: receiving, by a computing device, from at least one acoustic sensor, at least one time-dependent acoustic data signal indicative of an acoustic signal (receiving from at least one acoustic sensor at least one time-dependent acoustic data signal - 0055) generated by a thermal spray system performing a process possessing a plurality of process attributes (at least one time-dependent acoustic data signal indicative of acoustic signals generated by thermal spray system - 0055); transforming, by the computing device, the at least one time-dependent acoustic data signal to a frequency-domain spectrum, wherein each process attribute of the plurality of process attributes is associated with at least one respective frequency band (transforming at least one time-dependent acoustic data signal to a frequency-domain spectrum - 0056); and determining, by the computing device, a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum (determining a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum - 0057).
While Cybulsky teaches the above limitations, Cybulsky does not specifically disclose performing thermal spray monitoring on a cold spray system.
Ruminski teaches tools and techniques to control and monitor coating systems, comprising a multi-component thermal spray subsystem and a powder feeder subsystem using real time powder flow data and mass flow data from thermal spray technologies such as flame spray, cold spray, and/or other suitable spray techniques.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Cybulsky to further be capable of a cold spray system in addition to thermal system as taught by Ruminski for the benefits of ensuring a highly consistent multi-component coating is maintained by monitoring a variety of suitable spray techniques (Ruminski – 0022).
Regarding claim 13, Cybulsky teaches transforming the at least one time-dependent acoustic data signal into the frequency-domain spectrum comprises performing at least one of a discrete Fourier transform or a fast Fourier transform (a fast Fourier transform or a discrete Fourier transform - 0056).
Regarding claim 14, Cybulsky teaches determining the process attribute comprises: extracting a plurality of intensities from a selected frequency band of the frequency-domain spectrum, each intensity of the plurality of intensities corresponding to a respective frequency of a plurality of frequencies within the selected frequency band; and selecting at least one of an intensity of the plurality of intensities or the respective frequency of the plurality of frequencies as the at least one characteristic (see page 10, paragraph 0082, claim 3).
Regarding claim 15, Cybulsky teaches the at least one characteristic comprises at least one of a peak frequency or a peak intensity ((for instance, peal intensity) or the frequency associated with the maximum intensity (for instance, peak frequency) - 0062).
Regarding claim 16, Cybulsky teaches determining the process attribute further comprises comparing the at least one characteristic at a first interval of time with the at least one characteristic at a second interval of time (first interval of time - 0066).
Regarding claim 17, Cybulsky teaches determining the process attribute further comprises comparing the at least one characteristic at a third interval of time with a respective predetermined characteristic value range (see page 10, paragraph 0082, claim 6).
Regarding claim 18, Cybulsky teaches determining the process attribute further comprises comparing the at least one characteristic at a fourth interval of time with a respective known characteristic of a known frequency-domain spectrum (see page 10, paragraph 0082, claim 7).
Regarding claim 19, Cybulsky teaches the process attribute of the plurality of process attributes comprises at least one of: a process parameter comprising a temperature, a pressure, a mass flow rate, a volumetric flow rate, a molecular flow rate, a molar flow rate, or a concentration, of a flowstream (a process parameter that may include at least one of a temperature… - 0068); or a process deviation status comprising at least one of powder pulsing, material feed fluctuation, flow blockage, gas leakage, or a process deviation resulting from incompatibility, wear, or blockage of a system component (process deviation may include at least one of material feed fluctuation, for instance, powder pulsing - 0069).
Regarding claim 20, Cybulsky teaches a computer readable storage medium comprising instructions that, when executed, cause at least one processor to: receive, from at least one acoustic sensor, at least one time-dependent acoustic data signal (receiving from at least one acoustic sensor at least one time-dependent acoustic data signal - 0055) indicative of an acoustic signal generated by a thermal spray system performing a process possessing a plurality of process attributes (at least one time-dependent acoustic data signal indicative of acoustic signals generated by thermal spray system - 0055); transform the at least one time-dependent acoustic data signal to a frequency-domain spectrum, wherein each process attribute of the plurality of process attributes is associated with at least one respective frequency band (transforming at least one time-dependent acoustic data signal to a frequency-domain spectrum - 0056); and determine a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum (determining a process attribute of the plurality of process attributes by identifying at least one characteristic of the frequency-domain spectrum - 0057).
While Cybulsky teaches the above limitations, Cybulsky does not specifically disclose performing thermal spray monitoring on a cold spray system.
Ruminski teaches tools and techniques to control and monitor coating systems, comprising a multi-component thermal spray subsystem and a powder feeder subsystem using real time powder flow data and mass flow data from thermal spray technologies such as flame spray, cold spray, and/or other suitable spray techniques.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of Cybulsky to further be capable of a cold spray system in addition to thermal system as taught by Ruminski for the benefits of ensuring a highly consistent multi-component coating is maintained by monitoring a variety of suitable spray techniques (Ruminski – 0022).
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
IRISSOU et al. (US Patent Application Publication 2021/0187618 A1) discloses an apparatus and method for temperature controlled cold spray.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857
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