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 .
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.
Step 1:
According to the first part of the analysis, in the instant case, claims 1-16 are directed to a method, claim 17-18 are directed to using a wind farm controller to perform the method, and claims 19-20 are directed to a wind farm controller. Thus, each of the claims falls within one of the four statutory categories (i.e. process, machine, manufacture, or composition of matter).
Regarding claim 11:
A method, comprising:
receiving measurements of a first temperature of an integrated circuit (IC), and a second temperature of air in a case that surrounds the IC;
estimating a thermal resistance between the IC and the air; and
estimating, based on (i) the thermal resistance between the IC and the air, and (ii) the first and second temperatures, a flow rate of the air flowing through the case for dissipating heat generated by the IC.
Step 2A Prong 1:
“receiving measurements of a first temperature of an integrated circuit (IC), and a second temperature of air in a case that surrounds the IC” is directed to mental step of data gathering.
“receiving measurements of a first temperature of an integrated circuit (IC), and a second temperature of air in a case that surrounds the IC” is directed to math because Taking the measurements involves collecting data, which is a core concept in data science and statistics. This data is often represented mathematically in charts, graphs, or tables. The heat transfer between the IC and the air can be described by mathematical models, often involving differential equations. These equations use mathematical principles to predict how temperature changes over time or under different conditions. Understanding the rate at which the IC heats up or cools down often requires calculus, specifically concepts like derivatives (rates of change) and integration. Mathematical and statistical tools are used to analyze the collected temperature data to identify trends, calculate averages, determine correlations between the two temperatures, and estimate the reliability of the measurements.
“estimating a thermal resistance between the IC and the air” is directed to math using principles from electrical circuits (Ohm's Law analogy:
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V↔T, 𝐼↔𝑃, 𝑅𝑒𝑙𝑒𝑐↔𝑅𝑡ℎ𝑒𝑟𝑚𝑎𝑙) and heat transfer formulas, often involving calculus for complex scenarios but simplified to algebra for basic calculations like RJA=(TJ−TA)/P, to predict component temperatures.
Each limitation recites in the claim is a process that, under BRI covers performance of the limitation in the mind but for the recitation of a generic “sensor and measurement” which is a mere indication of the field of use. Nothing in the claim elements precludes the steps from practically being performed in the mind. Thus, the claim recites a mental process.
Further, the claim recites the step of "receiving measurements of a first temperature of an integrated circuit (IC), and a second temperature of air in a case that surrounds the IC; estimating a thermal resistance between the IC and the air” which as drafted, under BRI recites a mathematical calculation. The grouping of "mathematical concepts” in the 2019 PED includes "mathematical calculations" as an exemplar of an abstract idea. 2019 PEG Section |, 84 Fed. Reg. at 52. Thus, the recited limitation falls into the "mathematical concept" grouping of abstract ideas. This limitation also falls into the “mental process” group of abstract ideas, because the recited mathematical calculation is simple enough that it can be practically performed in the human mind, e.g., scientists and engineers have been solving the Arrhenius equation in their minds since it was first proposed in 1889.
Note that even if most humans would use a physical aid (e.g., pen and paper, a slide rule, or a calculator) to help them complete the recited calculation, the use of such physical aid does not negate the mental nature of this limitation. See October Update at Section I(C)(i) and (iii).
Additional Elements:
Step 2A Prong 2:
“receiving measurements of a first temperature of an integrated circuit (IC), and a second temperature of air in a case that surrounds the IC” does not integrate the judicial exception into a practical application. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
“estimating a thermal resistance between the IC and the air” does not integrate the judicial exception into a practical application. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
“estimating, based on (i) the thermal resistance between the IC and the air, and (ii) the first and second temperatures, a flow rate of the air flowing through the case for dissipating heat generated by the IC” does not integrate the judicial exception into a practical application. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
The claim is merely selecting data, manipulating or analyzing the data using math and mental process, and displaying the results.
This is similar to electric power: MPEP 2106.05(h) vi. Limiting the abstract idea of collecting information, analyzing it, and displaying certain results of the collection and analysis to data related to the electric power grid, because limiting application of the abstract idea to power-grid monitoring is simply an attempt to limit the use of the abstract idea to a particular technological environment, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016).
Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, "claiming the improved speed or efficiency inherent with applying the abstract idea on a computer" does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). In contrast, a claim that purports to improve computer capabilities or to improve an existing technology may integrate a judicial exception into a practical application or provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). See MPEP §§ 2106.04(d)(1) and 2106.05(a) for a discussion of improvements to the functioning of a computer or to another technology or technical field.
The claim as a whole does not meet any of the following criteria to integrate the judicial exception into a practical application:
An additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition;
an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
an additional element effects a transformation or reduction of a particular article to a different state or thing; and
an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
Step 2B:
“receiving measurements of a first temperature of an integrated circuit (IC), and a second temperature of air in a case that surrounds the IC” does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
“estimating a thermal resistance between the IC and the air” does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
“estimating, based on (i) the thermal resistance between the IC and the air, and (ii) the first and second temperatures, a flow rate of the air flowing through the case for dissipating heat generated by the IC” does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
The claim is therefore ineligible under 35 USC 101.
Claim 1 is similar to claim 11 but recites an apparatus comprising an interface and a processor to perform the steps as in claim 11. These additional elements fail to integrate the abstract idea into a practical application. These limitations are recited at a high level of generality and do not add significantly more to the judicial exception. These elements are generic computing devices that perform generic functions. Using generic computer elements to perform an abstract idea does not integrate an abstract idea into a practical application. See 2019 Guidance, 84 Fed. Reg. at 55. Moreover, “the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.” Alice, 573 U.S. at 223; see also FairWarninglP, LLCv. latric SysInc., 839 F.3d 1089, 1096 (Fed. Cir. 2016) (citation omitted) (“[T]he use of generic computer elements like a microprocessor or user interface do not alone transform an otherwise abstract idea into patent-eligible subject matter”).
On the record before us, we are not persuaded that the hardware of claim 1 integrates the abstract idea into a practical application. Nor are we persuaded that the additional elements are anything more than well-understood, routine, and conventional so as to impart subject matter eligibility to claim 1.
Regarding claim 2 and 12, “wherein a heatsink (HS) is disposed on the IC, and comprising (i) receiving a third temperature of the HS, (ii) holding or receiving a parameter indicative of a first thermal resistance between the IC and the HS, and (iii) estimating a second thermal resistance, between the HS and the air, based on: (a) the first thermal resistance, and (b) the first, second and third temperatures” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 3 and 13, “wherein estimating the flow rate of the air is based on the estimated second thermal resistance between the HS and the air” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 4 and 14, “wherein the IC is mounted on a substrate, wherein the thermal resistance between the IC and the air is equivalent to a sum of (1) the first and second thermal resistances, and (2) a third thermal resistance between the IC and the substrate, and comprising: (i) receiving a fourth temperature of the substrate, (ii) holding or receiving an additional parameter indicative of the third thermal resistance, and (iii) estimating the second thermal resistance between the HS and the air, based on: (a) the first and third thermal resistances, and (b) the first, second and fourth temperatures” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 5 and 15, “pre-characterizing the parameter and the additional parameter based on: (i) properties of materials of the HS and the substrate, and (ii) a structure comprising at least the substrate, the IC, and the HS” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 6 and 16, “wherein at least one of the first temperature, the second temperature, and the third temperature is obtained in a steady state condition” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 7 and 17, “wherein estimating the flow rate of the air is based on a pre-characterized dependency between the second thermal resistance and the flow rate of the air” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 8 and 18, “a cooling device to flow the air, and comprising, based on the estimated flow rate, controlling the cooling device to match the estimated flow rate to a desired flow rate of the air flowing through the case” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 9 and 19, “a first temperature sensor for measuring the first temperature, and one or more second temperature sensors disposed within the case for measuring the second temperature, wherein the case has first and second openings for flowing the air into the case through the first opening and drawing the air out of the case through the second opening, and wherein the one or more second temperature sensors comprise: (i) a first ambient temperature sensor for generating a first ambient temperature measurement of the air flowing into the case, and (ii) a second ambient temperature sensor for generating a second ambient temperature measurement of the air flowing out of the case” does not integrate the judicial exception into a practical application. It does not amount to significantly more than the judicial exception in the claim. This additional element is merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(h)).
Regarding claim 10 and 20, “wherein estimating the second temperature is based on the first and second ambient temperature measurements” is directed to math through several foundational concepts and models. The primary mathematical relationship used for such estimations is Newton's Law of Cooling. It describes how the temperature of an object changes over time in relation to the surrounding ambient temperature.
Hence the claims 1-20 are treated as ineligible subject matter under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 102
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 –
(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ioannnidis (US 2012/0221287 A1).
Regarding claims 1 and 11, Ioannnidis discloses an apparatus, comprising:
an interface, to receive measurements of a first temperature of an integrated circuit (IC), and a second temperature of air in a case that surrounds the IC; ([0171]: “a system controller for a double H-bridge that controls the airflow rate based on an estimated amount of desired cooling. The double H-bridge controller, as referred to as the auxiliary logic controller (ALC), may calculate, in real time, the junction temperatures of the IGBTs it controls and determine a required level of cooling”, [0172]: “the double H-bridge controller sends signals TBjc, dTCjc, PB, and PC to the system controller, where dTBjc=temperature difference of case B to air and dTCjc=temperature difference of case C to air.”)
and a processer, to: ([0171]: “controller”)
estimate a thermal resistance between the IC and the air; and ([0173]: “The system controller, based on the signals received by the ALC, estimates the required effective thermal resistances between the heatsink underneath each phase and the cooling air, RB* and RC*.” [0174] showing equation to calculate resistance from temperature values)
estimate, based on (i) the thermal resistance between the IC and the air, and (ii) the first and second temperatures, a flow rate of the air flowing through the case for dissipating heat generated by the IC. ([0178]: “Regression equations describing the desired air flow rate as a function of RB* and RC* may be developed by applying regression techniques to the USL values for RC* and RB*”, [0179]: “the system controller may be configured to apply the regression equations shown above to control the airflow applied to the double H-bridges under its control.”, [0171]: “controls the airflow rate based on an estimated amount of desired cooling.”)
Regarding claims 2 and 12, Ioannnidis discloses wherein a heatsink (HS) is disposed on the IC (see Fig.3), wherein the interface is to receive a third temperature of the HS (para. [0074]), and wherein the processor is to: (i) hold or receive a parameter indicative of a first thermal resistance between the IC and the HS, and (ii) estimate a second thermal resistance, between the HS and the air, based on: (a) the first thermal resistance, and (b) the first, second and third temperatures (para. [0034], [0036], [0173]).
Regarding claims 3 and 13, Ioannnidis discloses wherein the processor is to estimate the flow rate of the air based on the estimated second thermal resistance between the HS and the air ([0178]-[0179]).
Regarding claims 4 and 14, Ioannnidis discloses wherein the IC is mounted on a substrate, wherein the thermal resistance between the IC and the air is a combination of (1) the first and second thermal resistances, and (2) a third thermal resistance between the IC and the substrate, wherein the interface is to receive a fourth temperature of the substrate, and wherein the processor (controller) is to: (i) hold or receive an additional parameter indicative of the third thermal resistance, and (ii) estimate the second thermal resistance between the HS and the air, based on: (a) the first and third thermal resistances, and (b) the first, second and fourth temperatures (Fig.3, [0036], [0122], [0163], [0173]).
Regarding claims 5 and 15, Ioannnidis discloses wherein the parameter and the additional parameter are pre-characterized based on: (i) properties of materials of the HS and the substrate, and (ii) a structure comprising at least the substrate, the IC, and the HS ([0153], [0166], [0170]).
Regarding claims 6 and 16, Ioannnidis discloses wherein at least one of the first temperature, the second temperature, and the third temperature is obtained in a steady state condition ([0037],[0048],[0050],[0052]).
Regarding claims 7 and 17, Ioannnidis discloses wherein the processor is to estimate the flow rate of the air based on a pre-characterized dependency between the second thermal resistance and the flow rate of the air ([0171]-[0173]). sensor
Regarding claims 8 and 18, Ioannnidis discloses a cooling device to flow the air, and wherein, based on the estimated flow rate, the processor is to control the cooling device to match the estimated flow rate to a desired flow rate of the air flowing through the case ([0171]-[0173]).
Regarding claims 9 and 19, Ioannnidis discloses a first temperature sensor to measure the first temperature, and one or more second temperature sensors disposed within the case to measure the second temperature, wherein the case has first and second openings for flowing the air into the case through the first opening and drawing the air out of the case through the second opening, and wherein the one or more second temperature sensors comprise: (i) a first ambient temperature sensor to generate a first ambient temperature measurement of the air flowing into the case, and (ii) a second ambient temperature sensor to generate a second ambient temperature measurement of the air flowing out of the case ([0122], [0128]-[0130], [0171]-[0173]).
Regarding claims 10 and 20, Ioannnidis discloses estimate the second temperature based on the first and second ambient temperature measurements ([0063], [0122], claim 1).
Other Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Aljabari (US 20150129577 A1) disclose a mechanism for indicating ambient temperature of an enclosure from temperatures determined within the enclosure. The temperatures may be obtained from two or more sensors at each of two or more locations within the enclosure. The enclosure may include an apparatus inside such as electronics of which power consumption may be determined. Data including temperatures of two locations within the enclosure at various electronics power consumption levels may be entered into a 2-D plot. An approximation of the 2-D plot may be effected with an appropriate equation to be solved for ambient temperature. The data of the 2-D plot plus temperatures of a third location and air flow levels in the enclosure may be entered into a 3-D plot. An approximation of the 3-D plot may be effected with an appropriate equation to be solved for ambient temperature.
Carbone et al. (US 20150276509 A1) discloses a method for estimating ambient temperature is described herein. The method includes receiving first temperature data from a first sensor of a computing device. A second temperature data can be received from a second sensor of the computing device. The second sensor data and first sensor data may be compared in order to estimate the ambient temperature of an external environment to the computing device.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN H LE whose telephone number is (571)272-2275. The examiner can normally be reached on Monday-Friday from 7:00am – 3:30pm Eastern Time.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A. Turner can be reached on (571) 272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN H LE/Primary Examiner, Art Unit 2857