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 Objections
Claims 1 and 15 are objected to because of the following informalities:
In claim 1, lines 5, “a temperature withing the drying zone” should read “a temperature within the drying zone”.
In claim 15, lines 2, “a temperature withing the drying zone” should read “a temperature within the drying zone”.
Appropriate correction is required.
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.
Claims 1-4 15-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thelen et al. U.S. Pub. No. 6447583 B1, September 10, 2002 (hereinafter “Thelen”).
Regarding claim 1, Thelen discloses a compressed-gas dryer system (figs. 1-4, rotating drum adsorbent system 20) comprising: a pressure vessel (figs. 1-4, rotating drum 36) defining a drying zone (fig. 1, adsorption sector 38) and a regeneration zone (fig. 1, regeneration sector 40, col. 26, lines 29-44), the drying zone having an inlet 30 through which a compressed gas to be dried is received into the drying sector 38 and an outlet 50 through which dried compressed gas exits the drying sector 38, and the regeneration sector 40 having an inlet 44 through which a regeneration gas is received into the regeneration zone and an outlet 41 through which the regeneration gas exits the regeneration zone (col. 27); Thelen discloses a temperature sensing and control system in which temperature sensors obtain temperature data indicative of temperatures of process gases, including regeneration gas exiting the regeneration sector and gas streams within the system (col. 5, lines 35-50). Fig. 5 illustrates multiple temperature sensors (T1-T7) positioned to sense gas temperatures. The temperature difference established by the two sensors is used to control the operating conditions of the system. The temperature sensors may be connected to an electronic board containing a microprocessor and the output from the electronic board is used to control the drum rotational speed, the regeneration gas control valve position, the blower speed or a combination of these operations (col. 11, lines 50-61). Thelen further discloses blower motor controller as a means for monitoring the temperature of the air in the chamber, such as, by way of example, a temperature sensor, for automatically fine tuning the required blower speed (col. 10, lines 34-38).
Regarding claim 2, Thelen discloses a temperature sensing and control system including a plurality of temperature sensors for detecting temperatures of process gases within the regeneration sector 40 and associated flow path (col. 10, lined 29-40). Thelen further discloses that the temperature sensors may include thermistors, RTDs, or other temperature detectors for obtaining temperature data (col. 11, lines 21-40). Fig, 5 illustrates multiple temperature sensors (T1-T7) positioned to sense gas temperatures within the rotating drum adsorber system, thereby obtaining the temperature data used by the controller.
Regarding claim 3, Thelen discloses a motor-driven drive system for rotating the adsorbent drum 36, including a belt drive 90 arrangement coupled to a motor for imparting rotation to the drum 36 in a pre-determined direction (col. 9, lines 10-35). Figs 6, 6A, and 7 illustrates the drum 36 rotation mechanism and drive components. Thelen further discloses that the rotational speed of the drum 36 is controlled by an electronic controller 180, wherein control signals generated by the controller 180 are provided to the motor/drive system to control drum rotation (col. 10, lines 30-43 and col. 32, lines 49-63).
Regarding claim 4, Thelen discloses that the rotating drum adsorber system is operated at different rotational speeds, and that temperature data is sensed during drum operation and used to adjust the rotational speed to optimize regeneration and system performance (col. 7, lines 35-43). Specifically, Thelen discloses the temperature differences in the regeneration exhaust streams are sensed and utilized to control operating conditions of the system, including the rotational speed of the drum (col. 6, lines 10-35). Thelen further discloses that temperature measurements are taken during drum rotation and that changes in temperature profiles indicate regeneration status, which in turn requires adjustment of drum rotational speed (col. 6, lines 1-15). Importantly, fig. 5 illustrates the physical locations of multiple temperature sensors (T1-T7) positioned in the entry and exits of the adsorber sector 38, regeneration sector 40, and within the system to detect temperature changes in the sectors and associated flow path (col. 10, lines 34-40). The temperature data obtained by these sensors is provided to an electronic controller and used to adjust operating conditions, including the rotational speed of the drum.
Regarding claim 15, Thelen discloses the temperature data is obtained at multiple locations within the dryer system, including temperatures of process gases entering and exiting both the adsorption sector 38 and the regenerator sector 40, as well as temperatures within the adsorption zone itself. Figure 5 below shows multiple temperature sensors (T1-T7) positioned at different locations to measure temperature.
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Regarding claim 16, Thelen discloses that temperature sensors are provided to measure temperature sensors are provided to measure temperatures of process gases entering and exiting both the adsorption and regeneration sectors. Temperature sensors positioned to sense regenerating gas inlet and exhaust temperatures (col. 5, lines 40-48). Fig. 5 illustrates multiple temperature sensors (T1-T7) disposed at different locations within the dryer system, including sensors positioned along inlet and outlet flow paths and within the adsorption and regenerator zones. Fig. 5 shows temperature sensors placed to obtain temperature data indicative of:
Compressed gas entering the adsorption zone,
Dried compressed gas exiting the adsorption zone,
Regeneration gas entering the regeneration zone, and
Regeneration gas exiting the regeneration zone.
Regarding claim 17, Thelen discloses a temperature sensing and control system in which temperature sensors obtain temperature data indicative of temperatures of process gases, including regeneration gas exiting the regeneration sector and gas streams within the system (col. 5, lines 35-50). Fig. 5 illustrates multiple temperature sensors (T1-T7) positioned to sense gas temperatures. The temperature difference established by the two sensors is used to control the operating conditions of the system. The temperature reading from the housing 185 may be transmitted to a microprocessor and based on the readings received by the microprocessor, the microprocessor may direct the speed adjustment device 148 to increase or decrease the speed of the motor 138 (col. 39, lines 9-15). Thelen further discloses blower motor controller as a means for monitoring the temperature of the air in the chamber, such as, by way of example, a temperature sensor, for automatically fine tuning the required blower speed (col. 11, lines 1-38). Fig. 5 illustrates multiple temperature sensors located at various position of the pressure vessel and along gas flow path and fig. 13 illustrates a control arrangement in which sensor signals are provided to a controller that controls drum rotation.
Regarding claim 18, Thelen discloses a method of operating a rotating drum adsorber in which temperature sensors obtain temperature reading from the housing 185 may be transmitted to a microprocessor and based on the readings received by the microprocessor, may direct the speed adjustment device 148 to increase or decrease the speed of the motor 138 (col. 39, lines 9-15). Fig. 5 illustrates multiple temperature sensors (T1-T7) positioned to sense gas temperatures. The temperature difference established by the two sensors is used to control the operating conditions of the system. The temperature sensors may be connected to an electronic board containing a microprocessor and the output from the electronic board is used to control the drum rotational speed, the regeneration gas control valve position, the blower speed or a combination of these operations (col. 11, lines 50-61). Thelen further discloses blower motor controller as a means for monitoring the temperature of the air in the chamber, such as, by way of example, a temperature sensor, for automatically fine tuning the required blower speed (col. 10, lines 34-38). Fig. 5 illustrates multiple temperature sensors located at various position of the pressure vessel and along gas flow path and fig. 13 illustrates a control arrangement in which sensor signals are provided to a controller that controls drum rotation.
Regarding claim 20, Thelen discloses one or more microprocessors may be utilized to control various system functions as a function of various inputs from the system 20. Separate microprocessors may be utilized to control the drum motor 93 to adjust the rotational speed of the drum 36, the blower motor 138 to adjust the speed of the blower fan 130 to affect the pressure of the regeneration exhaust stream 46, and the gas control valve V1 to adjust the flow rate of the regeneration stream 44. The functions of these microprocessors may be combined in the microprocessor on the board 164 associated with the temperature differential sensor 162, if utilized, or in some other combination of microcontrollers and microprocessors as would be obvious to one of ordinary skill (col.43, lines 48-61).
Thelen discloses the computerized method 300 provides a means for displaying the sector temperature profiles and discharge temperatures, as well as other system conditions, for evaluation for improving the design of the rotating drum adsorber system 20 and achieving optimum performance. The process steps, equations and calculations of the computerized method 300 are embodied in a unique computer program to provide in-depth knowledge of the system 20 for accurately predicting the performance and controlling the operations of a rotating drum adsorber process and system based upon a proposed set of system parameters and initial operating conditions (col.45, lines 3-15).
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.
Claim 5 is rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exemption without significantly more.
There are two criteria for subject matter eligibility under 35 U.S.C. 101. MPEP 2106(1). First, the claimed invention must be to one of the four statutory categories: a process, machine, manufacture, or composition of matter (Step 1). Id. Second, the claimed invention must not be directed to a judicial exception (an abstract idea, law of nature or natural phenomenon) (Step 2A), unless the claim as a whole includes additional limitations amounting to significantly more than the judicial exception (Step 2B). Id. A claim is directed to a judicial exception at Step 2A when it recites a judicial exception (Step 2A, Prong One) and fails to integrate the judicial exception into a practical application (Step 2A, Prong Two).
For Step 2A, Prong One, which asks whether the claim recites a judicial exception such as an abstract idea, the MPEP provides three enumerated groupings of abstract ideas: mental processes, mathematical concepts and certain methods of organizing human activity. See MPEP 2106.04(a). A mental process is a concept that can be performed in the human mind, including observation, evaluation, judgment or opinion. Id. The courts do not distinguish between mental processes that are performed entirely in the human mind and those that require a human to use a physical aid (such as pen and paper, or a slide rule) to perform the claim limitation. See MPEP 2106.04(a)(2)(III).
For Step 2A, Prong Two, which considers whether the claim recites additional elements that integrate the judicial exception into a practical application, the courts have identified limitations that did not integrate a judicial exception into a practical application, including:
Merely reciting the words "apply it" (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea (see MPEP 2106.04(d)(I));
Adding insignificant extra-solution activity, such as mere data gathering, to the judicial exception (see MPEP 2106.04(d)(I); MPEP 2106.05(g)); and
Generally linking the use of a judicial exception into a particular technological environment or field of use (see MPEP 2106.04(d)(I)).
For Step 2B, which considers whether the claim recites additional elements that amount to significantly more than the judicial exception, the courts have identified limitations that did not qualify as significantly more. This includes simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality to the judicial exception. See MPEP 2106.05.
Claim 5 recites:
“The dryer system according to claim 4, wherein the controller is configured to calculate a first performance factor PF1 based on the first temperature data and to calculate a second performance factor PF2 based on the second temperature data, and the controller is configured to make a comparison of the first performance factor and the second performance factor.”
For Step 1, claim 5 is to one of the four statutory categories, because it describes a "system" which is a machine.
For Step 2A, Prong One, claim 5 recites an abstract idea, which is the mental process and mathematical concept. The claimed operations involve receiving data, performing calculations on that data, and comparing results.
For Step 2A, Prong Two, claim 5 fails to recite additional elements that integrate the mental process and mathematical concept into a practical application.
More specifically, claim 5 does not integrate the abstract idea into a practical application. Although the claim is recited in the context of a dryer system, the additional elements beyond the abstract idea include only a generic controller and temperature data obtained from the system. Claim 5 does not require any specific algorithm, does not recite any particular manner in which the calculations are performed, and does not require that the comparison result in a specific physical action or improvement to the operation of the dryer system. Instead, the dryer system provides a technological environment in which the abstract idea is performed, which is insufficient to integrate the abstract idea into a practical application.
For Step 2B, claim 5 does not recite an inventive concept sufficient to transform the abstract idea into patent-eligible subject matter. The controller performs routine and conventional functions of receiving data, performing calculations, and comparing values, and no additional elements are recited that are unconventional or non-generic. The claim does not improve the functioning of the controller itself or the dryer system, but instead uses the controller as a tool to implement the abstract idea.
Claims 6-14 are rejected under 35 U.S.C 101 as been directed to patent-ineligible subject matter for the same reason as claim 5, from which they depend.
Claims 6-14 depend directly or indirectly from claim 5 and further limit the subject matter of claim 5 by specifying particular mathematical operations, formulas, parameters, constants, comparisons, and conditional logic for calculating and evaluating performance factors based on temperature data. These additional limitations merely define how the abstract idea of claim 5 is performed and do not alter the fundamental character of the claims.
For Step 2A. Prong one, claims 6-14 continue to recite a judicial exception. The recited limitations involve mathematical relationships, formulars, calculations and data analysis, including calculating parameters using algebraic expressions and comparing calculated values. Such limitations are abstract ideas. See MPEP 2106.04(a) and MPEP 2106.04(c).
For Step 2A, Prong two, the abstract idea is not integrated into a practical application. The additional limitations of claims 6-14 do not recite any new or improved physical structure, do not require a specific improvement to the dryer system, and do not require a particular manner of physically controlling the rotor or regeneration process. Instead, the claims merely recite further data processing and mathematical evaluation performed by a generic controller using generic temperature data, with the dryer system providing only a technological environment in which the abstract idea is applied. Limiting an abstract idea to a particular technological environment does not integrate the abstract idea into a practical application. See MPEP 2106.05(f).
For Step 2B, claims 6-14 do not recite additional elements that amount to significantly more than the abstract idea, The additional limitations merely narrow the abstract idea by specifying particular equations, constants, or calculation steps, which does not constitute an inventive concept. The claims do not recite a specific technical improvement to the controller, or an improvement to the operation of the dryer system itself. Implementing mathematical calculations using generic controller is routine and well-understood. See MPEP 2106.05(d).
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exemption without significantly more.
Claim 19 is directed to an abstract idea involving mathematical calculations, data analysis, and/or evaluation of performance based on temperature data, which constitutes a judicial exception under MPEP 2106.04(a) and 2106.04(c).
For Step 2A, Prong Two, claim 19 does not integrate the abstract odea into a practical application, as they do not recite any specific improvement to the functioning of the machine, do not require a particular physical action to be performed, and do not alter the operation of the underlying dryer system.
For Step 2B, claim 19 does not recite additional elements that amount to significantly more than the abstract idea, The additional limitations merely narrow the abstract idea by specifying particular equations, constants, or calculation steps, which does not constitute an inventive concept. The claims do not recite a specific technical improvement to the controller, or an improvement to the operation of the dryer system itself. Implementing mathematical calculations using generic controller is routine and well-understood. See MPEP 2106.05(d).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRIAM N EZELUOMBA whose telephone number is (571)272-0110. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/M.N.E./Examiner, Art Unit 1776 /Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776