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 § 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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto et al. (US 2022/0203493 A1).
Considering claim 1, Yamamoto discloses a system for use with a testing machine having an actuator for applying loads or displacements to a test specimen, the system comprising:
- a sensor (Acceleration Sensors 6a, 6b, x-1, x-2, y-1, y-2; Figure 4; [0053-54]) operably coupled to the test specimen 1 to sense motion or force and provide a sensor output signal (Figure 6; [0058]);
- a signal transformation processing circuit 15, 16, 17, 22, 25, 27 coupled to receive the sensor output signal and configured to provide an output signal related to an audible and/or inaudible acoustic domain (FFT) for the test specimen and virtual components coupled to the test specimen (Figure 6, 10, 11, and 19; [0058-64]; [0071-73]; [0084-85]); and
- an output device 26,27 coupled to receive the output signal related to the audible and/or inaudible acoustic domain and render information related to vibrations made by the test specimen and the virtual components coupled to the test specimen (Figure 6; [0010]; [0013-14]; [0063]; [0070]).
Considering claim 2, Yamamoto discloses that the output device comprises a speaker 26 ([0063]).
Considering claim 3, Yamamoto discloses that the output device comprises a module to visually render the output signal ([0010]; [0013-14]; [0063]; [0070]).
Considering claim 4, Yamamoto disclose that the output device comprises a speaker 26 ([0063]).
Considering claim 5, Yamamoto discloses that the signal transformation processing circuit comprises analog circuitry ([0058-61]).
Considering claim 6, Yamamoto discloses that the signal transformation processing circuit comprises a processor (PC) coupled to memory configured to store values indicative of the sensor output signal and instructions configured to process the stored values and generate the output signal related to the acoustic domain for the test specimen and virtual components coupled to the test specimen (Figure 6; [0010]; [0014]; [0047]; [0063]).
Considering claim 7, Yamamoto discloses that the processor and instructions comprise a digital filter ([0085], whereby the FFT performed functions as a digital filter).
Considering claim 8, Yamamoto discloses that the output signal is generated in substantially real time with the sensor output signal ([0010]).
Considering claim 9, Yamamoto discloses that the output signal is generated based not in real time with respect to receipt of the sensor output signal ([0015-16]; [0078-80]).
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.
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Carroll et al. (US 2021/0215587 A1) in view of Yamamoto et al. (US 2022/0203493 A1).
Considering claim 14, Carroll discloses a testing system comprising:
- a base (Claim 1);
- at least a pair of columns joined to the base (Claim 1);
- a crosshead joined to the columns at a location spaced apart from the base (Claim 1);
- at least a pair of specimen holders, wherein a first specimen holder is supported by the crosshead and faces the base, and a second specimen holder is supported by the base, the base being that portion joined to each of the columns closest to the crosshead (Claim 1);
- an actuator connected in series between one of the specimen holders and the corresponding base or crosshead (Claim 1); and
- a sensor 24 operably coupled to a test specimen to sense motion or force and provide a sensor output signal (Figures 1-2; [0025]).
The invention by Carroll fails to explicitly disclose a signal transformation processing circuit and an output device coupled to receive an output signal from the processing circuit.
However, Yamamoto teaches the use of a signal transformation processing circuit 15, 16, 17, 22, 25, 27 coupled to receive the sensor output signal and configured to provide an output signal related to an audible and/or inaudible acoustic domain (FFT) for the test specimen and virtual components coupled to the test specimen (Figure 6, 10, 11, and 19; [0058-64]; [0071-73]; [0084-85]) and an output device 26,27 coupled to receive the output signal related to the audible and/or inaudible acoustic domain and render information related to vibrations made by the test specimen and the virtual components coupled to the test specimen (Figure 6; [0010]; [0013-14]; [0063]; [0070]).
The invention by Carroll teaches the general structure of a testing system having a base with two columns supporting a crossbeam, between the base and crossbeam resides a pair of specimen holders with an actuator connected in series between one of the specimen holders and either the base or crossbeam, with at least a force and/or displacement sensor. The claimed invention adds processing circuitry and an output device for providing vibration related information.
The invention by Yamamoto teaches the use of processing circuitry that transforms vibration or acceleration sensor data output signals into acoustic domain information and an output device such a speaker or visual display of a computer for rendering the vibration related information.
One of ordinary skill in the art would have recognized that applying the known technique of Yamamoto to the invention by Carroll would have yielded predictable results and resulted in the claimed improved invention because the signal processing and display does not influence the base invention by Carroll and operates according to the stated procedure of Yamamoto.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to utilize a signal transformation processing circuit and an output device, in accordance with the claimed limitations, in the invention by Carroll, as taught by Yamamoto.
Considering claim 15, the combination of Carroll, as modified by Yamamoto, already discloses that the output device comprises a speaker 26 (Yamamoto, [0063]).
Considering claim 16, the combination of Carroll, as modified by Yamamoto, already discloses that the output device comprises a module to visually render the output signal ([0010]; [0013-14]; [0063]; [0070]).
Considering claim 17, the combination of Carroll, as modified by Yamamoto, already discloses that the output device comprises a speaker 26 ([0063]).
Considering claim 18, the combination of Carroll, as modified by Yamamoto, already discloses that the signal transformation processing circuit comprises analog circuitry ([0058-61]).
Considering claim 19, the combination of Carroll, as modified by Yamamoto, already discloses that the signal transformation processing circuit comprises a processor (PC) coupled to memory configured to store values indicative of the sensor output signal and instructions configured to process the stored values and generate the output signal related to the acoustic domain for the test specimen and virtual components coupled to the test specimen (Figure 6; [0010]; [0014]; [0047]; [0063]).
Considering claim 20, the combination of Carroll, as modified by Yamamoto, already discloses that the output signal is generated in substantially real time with the sensor output signal ([0010]).
Response to Arguments
Applicant's arguments filed 8/25/2026 have been fully considered but they are not persuasive.
On Pages 8-9 of the response filed on 8/25/2026, Applicant argues that Yamamoto fails to disclose a signal transformation processing circuit coupled to receive the sensor output signal and configured to provide an output signal related to an audible and/or inaudible acoustic domain for the test specimen and virtual components coupled to the test specimen. Applicant contends that Yamamoto fails to disclose “applying the sensor output signal to an established signal transformation processing relationship, such as a transfer function or frequency response function, that relates measured force or motion of a test specimen to acoustic-domain information for virtual components coupled to that specimen”. This feature, however, is unclaimed in claim 1. In response to Applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Allowable Subject Matter
Claim 21 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.
The following is a statement of reasons for the indication of allowable subject matter:
Considering claim 21, the prior art made of record fails to disclose, suggest or otherwise render obvious the subject matter of a system for use with a testing machine having an actuator for applying loads or displacements to a test specimen having a signal transformation processing circuit configured to apply a sensor output signal to a signal transformation processing relationship of a test specimen and components coupled to the test specimen, the signal transformation processing relationship relating motion or force of the test specimen to audible and/or inaudible vibrations generated by the test specimen and virtual components coupled to the test specimen, and to obtain an output signal from the signal transformation processing relationship.
Claims 10-13 are allowed.
The following is an examiner’s statement of reasons for allowance:
Considering claim 10, the prior art made of record fails to disclose, suggest or otherwise render obvious the subject matter of a method of generating acoustic domain information related to a test specimen and virtual components coupled to the test specimen having the steps of obtaining a signal transformation processing relationship of a test specimen and components coupled to the test specimen that relates motion or force of the test specimen to vibrations generated by the test specimen and virtual components coupled to the test specimen due to motion or the test specimen and/or forces applied to the test specimen, mounting the test specimen in a test machine, sensing at least one of motion of the test specimen and/or force applied to the test specimen and obtain a sensor output signal, apply the sensor output signal to the signal transformation processing relationship of a test specimen and components coupled to the test specimen, obtaining an output signal from the signal transformation processing relationship signal related to the acoustic domain for test specimen and virtual components coupled to the test specimen and applying the output signal to an output device and render information related to audible and/or inaudible vibrations made by the test specimen and the virtual components coupled to the test specimen.
The IDS(s) submitted on 2/21/2024 and 9/25/2024 fail to provide a prior art reference that anticipates or otherwise renders obvious the above mentioned subject matter.
The closest art of record is to Yamamoto, which establishes a correlation measured accelerations/displacements and acoustic domain vibration output signals, but no prior art reference relies on an established relationship to apply a measured force or motion output signal there to, similar to a transfer function, to determine acoustic domain information.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. 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 Jonathan M Dunlap whose telephone number is (571)270-1335. The examiner can normally be reached Mon-Fri 10AM - 7PM.
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/JONATHAN M DUNLAP/Primary Examiner, Art Unit 2855 September 5, 2026
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