Detailed Action
The following NON-FINAL office action is in response to application 18/587358 filed on
2/26/24. This communication is the first action on the merits.
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 .
Status of Claims
Claims 1-20 are currently pending and have been rejected as follows.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/26/2024 complies with the provisions of 37 CFR 1.97 and is being considered.
Claim Objections
Claim 8 objected to because of the following informalities:
Line 10 reads “…wherein the controller and the remote computing device comprises…”, which should be “comprise”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 8, and 15 recite the limitation "the plurality of appliance components commanded to the activated state" in lines 15-16 in Claim 1, lines 20-21 in Claim 8, and lines 12-13 in Claim 15. There is insufficient antecedent basis for this limitation in each claim. For examining purposes, the “plurality of appliance components…” is being interpreted as the “one or more appliance components of the plurality of the appliance components” that were commanded to “an activated state” in the previous limitation.
Claims 1, 8, and 15 recite the limitation "corresponding to activated appliance component" in line 19 in Claim 1, line 29 in Claim 8, and lines 14-15 in Claim 15. There is insufficient antecedent basis for this limitation in the claims. This limitation is also found in dependent claims 4, 11, 14, and 18. For examining purposes, the "corresponding to activated appliance component" in these lines is being interpreted as “the activated one or more appliance components.”
Claims 3, 10, and 17 recite the limitation “a plurality acoustic signals each corresponding to each one or more of the plurality of appliance components cycled to the activated state" which is unclear because the acoustic signals correspond to the “one or more appliance components” commanded to “an activated state.” Thus, there could be as few as one acoustic signal. For examining purposes, the number of acoustic signals will be interpreted to be consistent with the number of appliance components commanded to an activated state.
Claim 8 recites the limitation “the remote computing device” in Line 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-7, 9-14, and 16-20 are further rejected due to their dependence on claims 1, 8, and 15.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12516875 B2 in view of Piccolo et. al. (US 20140340215 A1.
Regarding Claim 1:
Application No. 18587358 recites:
U.S. Patent No. 12516875 B2 Claim 1 recites:
Claim 1:
An appliance, comprising: a plurality of appliance components
an acoustic sensor configured to obtain an acoustic signal relative to the plurality of appliance components
a controller operably coupled to the plurality of appliance components and configured to receive the acoustic signal from the acoustic sensor, the controller configured to execute instructions that causes the appliance to perform operations
the operations comprising: determining an isolation state of the appliance
performing a diagnostic routine after the isolation state is determined
wherein the diagnostic routine commands an activated state of one or more appliance components of the plurality of appliance components, and wherein the diagnostic routine commands a deactivated state of a remaining one or more appliance components
obtaining the acoustic signal relative to the plurality of appliance components commanded to the activated state
generating a current-state spectrogram from the acoustic signal
determining an operating condition of the plurality of appliance components commanded to the activated state based at least on comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component
and generating a communication signal based on the determined operating condition of the plurality of applianc0e components.
Claim 1:
An appliance, comprising: a plurality of appliance components
an acoustic sensor configured to obtain an acoustic signal relative to the plurality of appliance components
a controller operably coupled to the plurality of appliance components and configured to receive the acoustic signal from the acoustic sensor, the controller configured to execute instructions that causes the appliance to perform operations
performing the diagnostic routine
wherein the diagnostic routine commands an activated state of one or more appliance components of the plurality of appliance components, and wherein the diagnostic routine commands a deactivated state of a remaining one or more appliance components
obtaining a current-state acoustic signal relative to the plurality of appliance components commanded to the activated state
generating a current-state spectrogram from the current-state acoustic signal
determining an operating condition of the plurality of appliance components commanded to the activated state based at least on comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component
and generating a communication signal based on the determined operating condition of the plurality of appliance components.
Claim 1 of US 12516875 B2 does not include the limitation determining an isolation state of the appliance and performing a diagnostic routine after the isolation state is determined but instead recites “obtaining a user control signal to perform a diagnostic routine” to trigger the performance of the diagnostic routine.
Piccolo, however, discloses determining an isolation state of the appliance [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130].
and performing a diagnostic routine after the isolation state is determined [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130, 140a, and 140b; refer also to Paragraphs [0021]-[0026] for greater detail].
It would have been obvious to one of ordinary skill in the art to determine the proximity of people and objects to the appliance, as disclosed by Piccolo, in order to trigger the diagnostic routine in order to better distinguish the acoustic signals of the surroundings from those of the appliance components.
Regarding Claim 15:
Application No. 18587358 recites:
U.S. Patent No. 12516875 B2 Claim 15 recites:
Claim 15:
A computer-implemented method for appliance diagnostics, the method comprising:
determining an isolation state of the appliance;
performing a diagnostic routine after the isolation state is determined,
wherein the diagnostic routine commands an activated state of one or more appliance components of the plurality of appliance components, and wherein the diagnostic routine commands a deactivated state of a remaining one or more appliance components
obtaining an acoustic signal relative to a plurality of appliance components commanded to the activated state
generating a current-state spectrogram based on the acoustic signal
determining an operating condition of the plurality of appliance components commanded to the activated state based at least on
comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component
and transmitting a communication signal based on the determined operating condition of the plurality of appliance components.
Claim 15:
A computer-implemented method for appliance diagnostics, the method comprising:
obtaining a user control signal to perform a diagnostic routine;
obtaining an ambient acoustic signal external to the appliance
performing the diagnostic routine
wherein the diagnostic routine commands an activated state of one or more appliance components of the plurality of appliance components, and wherein the diagnostic routine commands a deactivated state of a remaining one or more appliance components
obtaining a current-state acoustic signal relative to the plurality of appliance components commanded to the activated state
generating a current-state spectrogram from the current-state acoustic signal
determining an operating condition of the plurality of appliance components commanded to the activated state based at least on
comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component
and generating a communication signal based on the determined operating condition of the plurality of appliance components.
Claim 15 of US 12516875 B2 does not include the limitations determining an isolation state of the appliance, performing a diagnostic routine after the isolation state is determined, and transmitting a communication signal based on the determined operating condition of the plurality of appliance components but instead recites “an appliance, comprising: a plurality of appliance components, an acoustic sensor configured to obtain an acoustic signal relative to the plurality of appliance components, a controller operably coupled to the plurality of appliance components and configured to receive the acoustic signal from the acoustic sensor, the controller configured to execute instructions that causes the appliance to perform operations” and “generating a communication signal based on the determined operating condition of the plurality of appliance components.”
Piccolo, however, discloses determining an isolation state of the appliance [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130];
performing a diagnostic routine after the isolation state is determined [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130, 140a, and 140b; refer also to Paragraphs [0021]-[0026] for greater detail] and
transmitting a communication signal based on the determined operating condition of the plurality of appliance components [Paragraph [0026] – “Alternatively, if it was determined in step 130 that the measured ambient noise did not exceed the threshold ambient noise level, the first notification appliance 12 may, at step 140b of the exemplary method, automatically initiate a self-test immediately after expiration of the ambient noise detection period. Particularly, the first notification appliance 12 may activate its notification features 26 for a predetermined amount of time as shown in FIG. 7, during which the sensor(s) 20 of the notification appliance 12 may measure the output of the notification features 26. The measured output may then be compared to predefined values to determine whether the notification appliance 12 is functioning properly. Such comparison may be performed by the notification appliance 12 itself, or by the alarm panel 14 or workstation 16, and the results (e.g., "pass" or "fail") of the self-test may be automatically transmitted to the alarm panel 14, as indicated by the dashed line shown in FIG. 8, and recorded thereby.].
It would have been obvious to one of ordinary skill in the art to determine the proximity of people and objects to the appliance, as disclosed by Piccolo, in order to trigger the diagnostic routine in to better distinguish the acoustic signals of the surroundings from those of the appliance components.
Furthermore, it would have been obvious to one of ordinary skill in the art to transmit the generated communication signal, as disclosed by Piccolo, following the diagnostic routine and communication signal generation in order to alert users to the condition of the plurality of appliance components.
Regarding the dependent claims:
Application No. 18587358 recites:
U.S. Patent No. 12516875 B2 recites:
Claim 2:
The appliance of claim 1, wherein the diagnostic routine cycles the plurality of appliance components between the activated state and the deactivated state.
Claim 3:
The appliance of claim 1, wherein the diagnostic routine cycles the plurality of appliance components between the activated state and the deactivated state.
Claim 3:
The appliance of claim 2, wherein obtaining the acoustic signal relative to the plurality of appliance components commanded to the activated state comprises obtaining a plurality acoustic signals each corresponding to each one or more of the plurality of appliance components cycled to the activated state.
Claim 4:
The appliance of claim 3, wherein obtaining the acoustic signal relative to the plurality of appliance components commanded to the activated state comprises obtaining a plurality acoustic signals each corresponding to each one or more of the plurality of appliance components cycled to the activated state.
Claim 4:
The appliance of claim 1, wherein comparing the current-state spectrogram to the baseline spectrogram corresponding to activated appliance component comprises determining the current-state spectrogram exceeding a similarity threshold relative to the baseline spectrogram for a corresponding activated component.
Claim 5:
The appliance of claim 1, wherein comparing the current-state spectrogram to the baseline spectrogram corresponding to activated appliance component comprises determining the current-state spectrogram exceeding a similarity threshold relative to the baseline spectrogram for a corresponding activated component.
Claim 5:
The appliance of claim 1, wherein generating the current-state spectrogram from the acoustic signal comprises generating the current-state spectrogram based on a Fast Fourier Transform.
Claim 6:
The appliance of claim 1, wherein generating the current-state spectrogram from the acoustic signal comprises generating the current-state spectrogram based on a Fast Fourier Transform.
Claim 6:
The appliance of claim 1, wherein determining the isolation state of the appliance comprises determining proximity to the appliance based at least on the acoustic sensor.
Claim 13:
The appliance of claim 1, the operations comprising: determining an isolation state of the appliance, wherein performing the diagnostic routine is after determining the isolation state of the appliance. (This subject matter is recited in Claim 1 of the Instant Application)
Claim 14:
The appliance of claim 13, wherein determining the isolation state of the appliance comprises determining proximity to the appliance based at least on the acoustic sensor.
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. See MPEP 2106 for details. The following is the two-prong analysis for subject matter eligibility:
Specifically, representative Claim 1 recites:
The claim limitations in the abstract idea have been underlined below; the remaining limitations are “additional elements.”
An appliance, comprising: a plurality of appliance components;
an acoustic sensor configured to obtain an acoustic signal relative to the plurality of appliance components;
a controller operably coupled to the plurality of appliance components and configured to receive the acoustic signal from the acoustic sensor, the controller configured to execute instructions that causes the appliance to perform operations, the operations comprising:
determining an isolation state of the appliance;
performing a diagnostic routine after the isolation state is determined, wherein the diagnostic routine commands an activated state of one or more appliance components of the plurality of appliance components, and wherein the diagnostic routine commands a deactivated state of a remaining one or more appliance components;
obtaining the acoustic signal relative to the plurality of appliance components commanded to the activated state;
generating a current-state spectrogram from the acoustic signal;
determining an operating condition of the plurality of appliance components commanded to the activated state based at least on comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component; and
generating a communication signal based on the determined operating condition of the plurality of appliance components.
Step 1:
Claim 1 describes an apparatus and falls under the four statutory categories. Claim 8 is a system and 15 is a method claim.
Step 2A - Prong One:
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 claimed invention is directed to an abstract idea without significantly more.
The underlined claim elements in Claim 1 above recite mental processes. Determining an isolation state of the appliance amounts to determining whether or not there are objects or people in the vicinity of the appliance, which can be performed mentally through observation. Similarly, performing a diagnostic routine and determining an operating condition of appliance components, whether by observation/sensory inspection or comparison and identifying differences in spectral images, is a mental process. Generating a spectrogram from the acoustic signal is a mathematical process, and can be accomplished through mathematical operations as evidenced in the Instant Specification [See Fast Fourier Transform, Paragraph [0044]].
Step 2A - Prong Two:
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.
Claims 1, 8, and 15 do not amount to the recitation of a particular practical application as the claims do not recite any improvement to the appliance or appliance components or their operation as a result of determining the operating conditions.
Thus, under Step 2A, prong 2 of the analysis, even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception.
Step 2B:
This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exceptions 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.
In addition to the abstract ideas recited in Claims 1, 8, and 15, the claimed apparatus, system, and method recite additional elements, the limitations that were not underlined in the claim above.
The appliance, appliance components, and acoustic sensor are all recited with a high level of generality and thus amount to generally linking the mental processes to the technological environment of an appliance and acoustic sensor (See MPEP 2106.05(h)). The “controller operably coupled to…and configured to receive the acoustic signal…configured to execute the instructions…” is also recited with a high level of generality and amounts to no more than a general-purpose computer with instructions to apply the judicial exception See MPEP 2106.05(f). Noting MPEP 2106.04(d)(I): “It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) ("The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point")” The limitations that recite obtaining and receiving an acoustic signal and generating a communication signal are mere data gathering and output steps necessary to implement the abstract idea and are “insignificant extra-solution activity” further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(ii) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, and electronically scanning or extracting data from a physical document). Commanding some appliance components to an activated state while others are deactivated is a step necessary to perform the determination of operating conditions and is considered to be insignificant extra-solution activity that is further found to be well-understood, conventional, and routine in the art [See Kim. et. al. (US 20210335064 A1), Paragraph [0106] – “… In some instances, the other systems or components of the vehicle may be deactivated while activating the vehicle component in order to isolate a portion of audio data attributable to the component being activated. Additionally, in some examples, multiple components may be activated in combination to identify interactions or relationships between various components.”; See also Zayani et. al. (US 20240003614 A1), Paragraph [0008] – Accordingly, activity monitoring of a refrigeration unit may include, for example, monitoring and detection of the activity of the compressor when the fan is off and/or monitoring as well as detection of the activity of the fan when the compressor is off and/or joint detection of the activities of the compressor and the fan during operation, and additionally optionally monitoring and detection of the activity of a coolant pump.”; Paragraph [0009] – “… For example, reference measurements or training of the equipment can basically take place with the fan off and later analyses can focus on monitoring one compressor alone.” – later analysis is the diagnostic; Paragraph [0010] – “It is also possible to alternatively or additionally collect fan activity data in isolation as reference data on its own and later compare it to operational data to determine an aging condition.” – later comparison is the diagnostic”].
In addition to the additional elements in Claims 1 and 15, Claim 8 further recites “a proximity sensor,” “the controller comprising a communications device configured to transmit and receive signals from the remote computing device,” “the controller configured to receive the acoustic signal from the acoustic sensor,” “a remote computing device configured to communicatively couple to the appliance,” “transmitting, via the controller to the remote computing device, the acoustic signal,” “transmitting, from the remote computing device to the appliance, a communication signal based on the determined operating condition of the plurality of appliance components.” The proximity sensor is generically recited and thus amounts to generally linking the judicial exception to the technological environment of a proximity sensor. The controller, communications device, and remote computing device are all recited with a high level of generality and amount to a general-use computer or components of a general-use computer with instructions to apply the judicial exception. The limitations directed to transmitting and receiving signals are mere data gathering and output steps necessary to implement the abstract idea and are “insignificant extra-solution activity” further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(ii). Further remote computing device in the “determining an operating condition” step is recited with a high level of generality and thus amounts to no more than implementing the judicial exception (determining an operating condition) on a general-purpose computer.
Therefore, the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that Claims 1, 8, and 15 amount to significantly more than the abstract idea.
With regards to the dependent claims, Claims 2-7, 9-14, and 16-20 merely further expand upon the algorithm/abstract idea and do not set forth further additional elements that integrate the recited abstract idea into a practical application or amount to significantly more. Therefore, these claims are found ineligible for the reasons described for parent Claims 1, 8, and 15. Specifically:
Claims 2, 9, and 16 recite cycling the appliance components between the activated and deactivated state. This cycling is insignificant extra-solution activity and is further found to be well-understood, conventional, and routine in the art, as is discussed above in relation to the activating/deactivating elements of Claims 1, 8, and 15.
Claims 3, 10, and 17 recite limitations on obtaining the acoustic signal and thus are data gathering steps and thus insignificant extra-solution activity further understood to be well-understood, routine, and conventional.
Claims 4, 11, and 18 recite comparing spectrograms based on a similarity threshold. The comparisons using a similarity threshold are mental processes and data judgements and thus within the abstract idea.
Claims 5, 12, and 19 recite generating a spectrogram based on a Fast Fourier Transform. FFT can be performed via mathematical calculation and are thus abstract ideas.
Claims 6, 13, and 20 recite using at least the acoustic sensor to determine an isolation state. The acoustic sensor is recited with such a high level of generality as to amount to no more than generally linking the mental process (determining an isolation state) to an acoustic sensor.
Claim 7 recites the controller comprising a communications device capable of transmitting and receiving signals from a remote computing device. The computer devices themselves are recited with such a high level of generality as to amount to no more than generally linking the abstract idea to a computing device, while the transmission and receipt of signals is data gathering and thus insignificant extra-solution activity further understood to be well-understood, conventional, and routine in the art.
Claim 14 recites comparing, via an artificial intelligence model, the current-state spectrogram to the baseline spectrogram corresponding to activated appliance component. No limitations are recited regarding what artificial intelligence model, or what methods the model will use to make the comparison and thus, the comparison itself is considered to be a mental process while the recited artificial intelligence model amounts to no more than the recitation of a general-use computer programmed with instructions to perform the comparing.
Claim Rejections - 35 USC § 103
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.
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 1, 4-6, 15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zayani et. al. (US 20240003614 A1) in view of Piccolo et. al. (US 20140340215 A1), in further view of Schwarz et. al. (US 20100269522 A1).
Regarding Claim 1, Zayani discloses an appliance, comprising: a plurality of appliance components [Paragraph [0008] – “…A cooling or heating unit may consist of either a compressor or a heating device, but it may also include means for distributing a heating or cooling medium as a sub-unit. For example, refrigerators often include additional fans that serve to distribute air within the refrigerator. Similar circulating devices may be provided in heating devices…”];
an acoustic sensor configured to obtain an acoustic signal relative to the plurality of appliance components [Paragraph [0017]-[0018] – “To implement the first sensing device, it may be provided that the first sensor is an acoustic sensor, a vibration or acceleration sensor, a current or voltage sensor, or an electric or magnetic field sensor…Each such sensor can basically detect the activity of a cooling or heating unit. For this purpose, either an operating noise or an electrical, magnetic or electromagnetic activity of a motor or a valve or switch is detected, for example.”];
a controller operably coupled to the plurality of appliance components and configured to receive the acoustic signal from the acoustic sensor [Paragraph [0006] – “The task is solved according to the invention by a monitoring device for a temperature-controlled storage device with a first detection device with a first sensor for detecting the course of activity of a cooling or heating unit and with a processing device which determines at least one characteristic variable for the temperature curve in the storage device from the course of activity.” – monitoring device is the controller; Paragraph [0017] – “To implement the first sensing device, it may be provided that the first sensor is an acoustic sensor…”; Paragraph [0019] – “From the running time of the aggregate per heating or cooling cycle, the efficiency can be determined and a signature, for example an acoustic signature, of the aggregate can also represent its aging condition. The acoustic signature may be in the form of the frequency spectrum of the operating noise of a compressor and/or fan or pump, reached for example at start-up or after a defined operating time, for example a few seconds, or before shutdown in a cooling phase.”] the controller configured to execute instructions that causes the appliance to perform operations [Paragraph [0004] – “Storage devices such as refrigerators usually have aggregates for heating or cooling, the activity of which, i.e. the operation or power for heating or cooling, is controlled with a control device, wherein the actual temperature is usually measured for the control.” – control of device is determined by temperature; Paragraph [0016] – “Accordingly, in addition to the first detection device with the first sensor, a second detection device with a second sensor in the form of a temperature sensor can also be provided.” – see Fig. 4, second sensor 6 is part of monitoring device ].
Zayani does not disclose the operations comprising: determining an isolation state of the appliance and performing a diagnostic routine after the isolation state is determined.
However, Piccolo discloses the operations comprising: determining an isolation state of the appliance [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130];
and performing a diagnostic routine after the isolation state is determined [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130, 140a, and 140b; refer also to Paragraphs [0021]-[0026] for greater detail].
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to determine that ambient noise levels are low, as disclosed by Piccolo, prior to starting the diagnostic routine of Zayani, in order to better isolate signals indicating faults or malfunction in the appliance components.
The combination of Zayani and Piccolo discloses the use of an activated state of one or more appliance components of the plurality of appliance components, and a deactivated state of a remaining one or more appliance components [Paragraph [0008] – Accordingly, activity monitoring of a refrigeration unit may include, for example, monitoring and detection of the activity of the compressor when the fan is off and/or monitoring as well as detection of the activity of the fan when the compressor is off and/or joint detection of the activities of the compressor and the fan during operation, and additionally optionally monitoring and detection of the activity of a coolant pump.”; Paragraph [0009] – “… For example, reference measurements or training of the equipment can basically take place with the fan off and later analyses can focus on monitoring one compressor alone.” – later analysis is the diagnostic; Paragraph [0010] – “It is also possible to alternatively or additionally collect fan activity data in isolation as reference data on its own and later compare it to operational data to determine an aging condition.” – later comparison is the diagnostic]; and
obtaining the acoustic signal relative to the plurality of appliance components commanded to the activated state [Paragraph [0020] – “A sensor can also be used to detect the activity of a fan that is used, for example, to distribute or transport air in the storage device. For example, the noise of the air flow in the storage device and/or the running noise of the fan can be detected. This can be used to monitor the quality of the air distribution as well as the aging condition of the fan, for example, because the fan has an acoustic signature that reflects its aging condition or damage or defects.” – fan must be active to transport air, and take into account the activity in isolation of Paragraph [0010]];
The combination does not disclose generating a current-state spectrogram from the acoustic signal.
Schwarz, however, discloses generating a current-state spectrogram from the acoustic signal [Paragraph [0024] – “Generating a spectral signature of the vibration parameters detected in step (i)”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to generate a current-state spectrogram, as disclosed by Schwarz, from the acoustic signal detected in the combination of Zayani and Piccolo in order to better distinguish the frequency spectrum of noise from faulty appliances.
The combination of Zayani, Piccolo, and Schwarz discloses determining an operating condition of the plurality of appliance components commanded to the activated state [Zayani, Paragraph [0020] – A sensor can also be used to detect the activity of a fan that is used, for example, to distribute or transport air in the storage device. For example, the noise of the air flow in the storage device and/or the running noise of the fan can be detected. This can be used to monitor the quality of the air distribution as well as the aging condition of the fan, for example, because the fan has an acoustic signature that reflects its aging condition or damage or defects.” – aging condition, damage, and defects are operating conditions] based at least on comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component [Schwarz, Paragraph [0025] – “…wherein the spectral signatures generated in step (ii) are compared with the spectral signatures relating to normal operating conditions of the refrigeration system or household appliance”];
and generating a communication signal based on the determined operating condition of the plurality of appliance components [Zayani, Paragraph [0031] – “In the case of the monitoring device described, it can also be provided that it has a device for displaying or outputting the determined characteristic variables and/or the activity progress of a cooling or heating unit and/or an alarm signal.”].
Regarding Claim 15, Zayani discloses a computer-implemented method for appliance diagnostics [Paragraph [0013] – “In addition to the activity data of the respective unit, the temperature curve can also depend on the state, for example the aging state of the unit or of the system, for example also on the state of a cooling or heating medium. When the system ages, the temperature control changes its behavior so that, for example, the respective aggregate is switched on more often or less often or the respective activity durations until a temperature threshold is reached become longer or shorter. These data can also be acquired by the acquisition device and taken into account by the processing device. Furthermore, in the monitoring device, for example in the processing device, predetermined static data can also be stored which have an influence on the interpretation of continuously recorded data…”].
Zayani does not disclose the method comprising: determining an isolation state of the appliance and performing a diagnostic routine after the isolation state is determined.
However, Piccolo discloses the method comprising: determining an isolation state of the appliance [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130];
and performing a diagnostic routine after the isolation state is determined [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130, 140a, and 140b; refer also to Paragraphs [0021]-[0026] for greater detail].
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to determine that ambient noise levels are low, as disclosed by Piccolo, prior to starting the diagnostic routine of Zayani, in order to better isolate signals indicating faults or malfunction in the appliance components.
The combination of Zayani and Piccolo discloses the use of an activated state of one or more appliance components of the plurality of appliance components, and a deactivated state of a remaining one or more appliance components [Zayani, Paragraph [0008] – Accordingly, activity monitoring of a refrigeration unit may include, for example, monitoring and detection of the activity of the compressor when the fan is off and/or monitoring as well as detection of the activity of the fan when the compressor is off and/or joint detection of the activities of the compressor and the fan during operation, and additionally optionally monitoring and detection of the activity of a coolant pump.”; Paragraph [0009] – “… For example, reference measurements or training of the equipment can basically take place with the fan off and later analyses can focus on monitoring one compressor alone.” – later analysis is the diagnostic; Paragraph [0010] – “It is also possible to alternatively or additionally collect fan activity data in isolation as reference data on its own and later compare it to operational data to determine an aging condition.” – later comparison is the diagnostic]; and
obtaining an acoustic signal relative to the plurality of appliance components commanded to the activated state [Zayani, Paragraph [0020] – “A sensor can also be used to detect the activity of a fan that is used, for example, to distribute or transport air in the storage device. For example, the noise of the air flow in the storage device and/or the running noise of the fan can be detected. This can be used to monitor the quality of the air distribution as well as the aging condition of the fan, for example, because the fan has an acoustic signature that reflects its aging condition or damage or defects.” – fan must be active to transport air, and take into account the activity in isolation of Paragraph [0010]];
The combination does not disclose generating a current-state spectrogram from the acoustic signal.
However, Schwarz discloses generating a current-state spectrogram from the acoustic signal [Schwarz, Paragraph [0024] – “Generating a spectral signature of the vibration parameters detected in step (i)”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to generate a current-state spectrogram, as disclosed by Schwarz, from the acoustic signal detected in the combination of Zayani and Piccolo in order to better distinguish the frequency spectrum of noise from faulty appliances.
The combination of Zayani, Piccolo, and Schwarz discloses determining an operating condition of the plurality of appliance components commanded to the activated state [Zayani, Paragraph [0020] – A sensor can also be used to detect the activity of a fan that is used, for example, to distribute or transport air in the storage device. For example, the noise of the air flow in the storage device and/or the running noise of the fan can be detected. This can be used to monitor the quality of the air distribution as well as the aging condition of the fan, for example, because the fan has an acoustic signature that reflects its aging condition or damage or defects.” – aging condition, damage, and defects are operating conditions] based at least on comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component [Schwarz, Paragraph [0025] – “…wherein the spectral signatures generated in step (ii) are compared with the spectral signatures relating to normal operating conditions of the refrigeration system or household appliance”];
and transmitting a communication signal based on the determined operating condition of the plurality of appliance components [Zayani, Paragraph [0031]-[0032] – “In the case of the monitoring device described, it can also be provided that it has a device for displaying or outputting the determined characteristic variables and/or the activity progress of a cooling or heating unit and/or an alarm signal. The monitoring device may also have, for example, a transmitting and or receiving device for wireless communication, in particular for outputting alarm signals or display data on a terminal device.”].
Regarding Claims 4 and 18, the combination of Zayani, Piccolo, and Schwarz discloses the appliance (system, computer-implemented method) of claim 1, wherein comparing the current-state spectrogram to the baseline spectrogram corresponding to activated appliance component comprises determining the current-state spectrogram exceeding a similarity threshold relative to the baseline spectrogram for a corresponding activated component [Zayani, Paragraph [0036]-[0037] – “The invention also relates to a method for operating a monitoring device of the type described above, in which it is provided that the measured temperature/time profiles and, in particular, also measured acoustic signals or measured signals from a vibration sensor are Fourier-transformed and compared in the Fourier-transformed form with reference data, and that at least one characteristic variable for the temperature profile in the temperature-controlled storage device is determined from the comparison. The characteristic variable for the temperature curve can be, for example, a minimum or maximum temperature of a cooling cycle or also a point in time in the past or future at which certain temperature threshold values are undercut or exceeded or at which the duration of undercutting or exceeding a temperature threshold value exceeds a certain predefined duration.”].
Regarding Claims 5 and 19, the combination of Zayani, Piccolo, and Schwarz discloses the appliance (system, computer-implemented method) of claim 1, wherein generating the current-state spectrogram from the acoustic signal comprises generating the current-state spectrogram based on a Fast Fourier Transform [Schwarz, Paragraph [0054] – “In the case of the present invention, the spectral signatures are preferably generated by the first plurality of transducers 2, the one intended to detect the mechanical vibration or the sound pressure waves of the refrigeration system and/or of the household appliance, and also to detect the noise surroundings of the refrigeration system and/or household appliance, that is, they are generated from mechanical wave signals (vibration and sound). Thus, first the magnitudes in question are detected by their respective transducers, and then, after the application of a specific algorithm, the frequency spectra, that is, the spectral signatures, are generated. Preferably, this specific algorithm is of the Fast Fourier Transform (FFT) type.”].
Regarding Claims 6 and 20, the combination of Zayani, Piccolo, and Schwarz discloses the appliance (system, computer-implemented method) of claim 1, wherein determining the isolation state of the appliance comprises determining proximity to the appliance based on a proximity sensor, an acoustic sensor, or both [Schwarz, Paragraph [0051] – “These transducers 2,3, the first plurality and the second plurality, can be placed in different positions of the refrigeration system and/or of the household appliance, depending on the magnitude to be detected. In this regard, for the first plurality of transducers 2, the microphone to detect the presence of people in the surroundings of the refrigeration system and/or household appliance, for example, should be put in a place where it can detect the noisy sound signals that indicate the presence and the circulation of people nearby.” – presence and circulation of people nearby is proximity].
Claims 2, 3, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zayani et. al. (US 20240003614 A1) in view of Piccolo et. al. (US 20140340215 A1), in view of Schwarz et. al. (US 20100269522 A1), in further view of Kim et. al. (US 20210335064 A1).
Regarding Claims 2 and 16, the combination of Zayani, Piccolo, and Schwarz discloses the appliance (system, computer-implemented method) of claim 1.
The combination does not disclose wherein the diagnostic routine cycles the plurality of appliance components between the activated state and the deactivated state
However, Kim discloses wherein the diagnostic routine cycles the plurality of appliance components between the activated state and the deactivated state [Paragraph [0106] – “At 508, the process 500 may include causing the component to activate. By way of example, if the vehicle component that is to be activated includes the HVAC system, then the vehicle may cause various HVAC system components to turn on or off, such as an AC compressor, ventilation fan, etc. The amount of time the component is activated may be dependent on the time window over which the audio of the component is captured. In some instances, the other systems or components of the vehicle may be deactivated while activating the vehicle component in order to isolate a portion of audio data attributable to the component being activated….”; Paragraph [0111]-[0112] – “At 518, the process 500 may include determining that the component is functioning properly. For example, by comparing the second audio signature with the first audio signature, which is representative of a properly functioning component, the process 500 may determine that the component is not defective. In some instances, at 518 the process 500 may determine a condition of the component (e.g., operational, functional, etc.). From 518, the process 500 may proceed to test other components of the vehicle… Alternatively, if at 516 the process 500 determines that the first audio signature and the second audio signature are not similar, or do not include a threshold similarity, the process 500 may follow the “NO” route and proceed to 520. At 520, the process 500 may include determining that the component is faulty and/or is otherwise not functioning properly…From 520, the process 500 may proceed to test other components of the vehicle…”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to cycle through activated and deactivated states of components, as disclosed by Kim, in the diagnostic routine disclosed by the combination of Zayani, Piccolo, and Schwarz in order to efficiently identify faults in each appliance component.
Regarding Claims 3 and 17, the combination of Zayani, Piccolo, and Schwarz discloses the appliance (system, computer-implemented method) of claim 2 (claim 16), wherein obtaining the acoustic signal relative to the plurality of appliance components commanded to the activated state comprises obtaining a plurality acoustic signals each corresponding to each one or more of the plurality of appliance components [Schwarz, Paragraph [0054] – “The spectral signature can be defined as a translation of the behavior of a component on the temporal basis into a magnitude in the frequency domain, in other words, the spectral signature is equivalent to the frequency spectrum of a vibrating element (motor, compressor, etc.).” – spectral signature for each component; Paragraph [0057] – “Thus, the operating condition of the system and/or household appliance as a whole or of the components thereof associated with the first plurality of transducers 2 is duly monitored.” – multiple components] cycled to the activated state [See Zayani Paragraphs [0008]-[0010] – “…alternatively or additionally collect fan activity data” – alternating monitoring is cycling].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zayani et. al. (US 20240003614 A1), in view of in view of Piccolo et. al. (US 20140340215 A1), in view of Schwarz et. al. (US 20100269522 A1), in further view of Han et. al. (US 11614278 B2).
Regarding Claim 7, the combination of Zayani, Piccolo, and Schwarz discloses the appliance of claim 1.
The combination does not disclose wherein the controller comprises a communications device configured to transmit and receive signals from a remote computing device.
Han, however, discloses wherein the controller comprises a communications device configured to transmit and receive signals from a remote computing device [Han, Col. 2, Ln. 60-64 – “The processor may be configured to control a communication unit to transmit the information on the result to an artificial intelligent (AI) processor in the network; and control the communication unit to receive AI processing information from the AI processor…”].
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to configure the controller of the combination of Zayani, Piccolo, and Schwarz, to transmit and receive signals from a remote computing device, as disclosed by Han, in order to process the acoustic signals and transmit alerts more efficiently.
Claims 8 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zayani et. al. (US 20240003614 A1) in view of Piccolo et. al. (US 20140340215 A1), in further view of Schwarz et. al. (US 20100269522 A1).
Regarding Claim 8, Zayani discloses a system for appliance diagnostics, the system comprising: an appliance comprising a plurality of appliance components [Paragraph [0008] – “…A cooling or heating unit may consist of either a compressor or a heating device, but it may also include means for distributing a heating or cooling medium as a sub-unit. For example, refrigerators often include additional fans that serve to distribute air within the refrigerator. Similar circulating devices may be provided in heating devices…”; Paragraph [0013] – “In addition to the activity data of the respective unit, the temperature curve can also depend on the state, for example the aging state of the unit or of the system, for example also on the state of a cooling or heating medium. When the system ages, the temperature control changes its behavior so that, for example, the respective aggregate is switched on more often or less often or the respective activity durations until a temperature threshold is reached become longer or shorter. These data can also be acquired by the acquisition device and taken into account by the processing device. Furthermore, in the monitoring device, for example in the processing device, predetermined static data can also be stored which have an influence on the interpretation of continuously recorded data…”], an acoustic sensor [Paragraph [0017] – “To implement the first sensing device, it may be provided that the first sensor is an acoustic sensor…”], a proximity sensor [Paragraph [0024] – “In principle, it can be provided that the third sensor is a light sensor or a position sensor for detecting the position of a door or a closing element of the storage device.” – light sensor is a type of proximity sensor], and a controller [Paragraph [0006] – “The task is solved according to the invention by a monitoring device for a temperature-controlled storage device with a first detection device with a first sensor for detecting the course of activity of a cooling or heating unit and with a processing device which determines at least one characteristic variable for the temperature curve in the storage device from the course of activity.” – monitoring device is the controller; Paragraph [0017] – “To implement the first sensing device, it may be provided that the first sensor is an acoustic sensor…”; Paragraph [0019] – “From the running time of the aggregate per heating or cooling cycle, the efficiency can be determined and a signature, for example an acoustic signature, of the aggregate can also represent its aging condition. The acoustic signature may be in the form of the frequency spectrum of the operating noise of a compressor and/or fan or pump, reached for example at start-up or after a defined operating time, for example a few seconds, or before shutdown in a cooling phase.”], wherein the acoustic sensor is configured to obtain an acoustic signal relative to the plurality of appliance components [Paragraph [0017]-[0018] – “To implement the first sensing device, it may be provided that the first sensor is an acoustic sensor, a vibration or acceleration sensor, a current or voltage sensor, or an electric or magnetic field sensor…Each such sensor can basically detect the activity of a cooling or heating unit. For this purpose, either an operating noise or an electrical, magnetic or electromagnetic activity of a motor or a valve or switch is detected, for example.”], wherein the controller is operably coupled to the plurality of appliance components [Paragraph [0006] – “The task is solved according to the invention by a monitoring device for a temperature-controlled storage device with a first detection device with a first sensor for detecting the course of activity of a cooling or heating unit and with a processing device which determines at least one characteristic variable for the temperature curve in the storage device from the course of activity.” – monitoring device is the controller; Paragraph [0017] – “To implement the first sensing device, it may be provided that the first sensor is an acoustic sensor…”; Paragraph [0019] – “From the running time of the aggregate per heating or cooling cycle, the efficiency can be determined and a signature, for example an acoustic signature, of the aggregate can also represent its aging condition. The acoustic signature may be in the form of the frequency spectrum of the operating noise of a compressor and/or fan or pump, reached for example at start-up or after a defined operating time, for example a few seconds, or before shutdown in a cooling phase.”].
Zayani does not disclose the controller comprising a communications device configured to transmit and receive signals from the remote computing device and a remote computing device configured to communicatively couple to the appliance, wherein the controller and the remote computing device comprises instructions that, when executed, causes the appliance and the remote computing device to perform operations.
However, Zayani discloses the use of client-server architecture [Paragraph [0049] – “For training and/or operation, the monitoring device can partially perform processing of data itself, but at least partially acquired data can also be transmitted to a server via data communication, if necessary after preprocessing, and processed there. In the process, data acquired in the server from different monitoring devices can be compared or linked with each other, so that, for example, a broad base of training data is obtained, which accelerates the training processes of each individual monitoring device and also the subsequent operation, and improves the quality of the processing of data, in particular the quality of predictions.”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the teachings of Zayani through use of client-server architecture by shifting processing to the server in order to reduce the computational burden on appliance controllers and allow for the use of less costly controllers.
Zayani does not disclose operations comprising: determining, via the proximity sensor or the acoustic sensor, an isolation state of the appliance and performing, at the appliance, a diagnostic routine after the isolation state is determined.
However, Piccolo discloses the operations comprising determining, via the proximity sensor or the acoustic sensor [Piccolo, Paragraph [0015] – “The sensors 20 may include any type of sensing or detecting devices or elements that are capable of measuring light and/or sound, including, but not limited to, microphones, sound detectors, cameras, photo eyes, light detectors, and the like. The sensors 20 may be mounted on the exteriors of the notification appliances 12, and/or may be disposed within the notification appliances 12.” – microphones and light detectors are types of proximity sensors], an isolation state of the appliance [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130];
and performing, at the appliance, a diagnostic routine after the isolation state is determined [Paragraph [0007] – “An exemplary method in accordance with the present disclosure may include the steps measuring ambient noise at a notification appliance, comparing the measured ambient noise to a threshold ambient noise level, and performing a self-test of the notification appliance if the measured ambient noise does not exceed the threshold ambient noise level.” – see also Fig. [2], 120, 130, 140a, and 140b; refer also to Paragraphs [0021]-[0026] for greater detail].
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to determine that ambient noise levels are low, as disclosed by Piccolo, prior to starting the diagnostic routine of Zayani, in order to better isolate signals indicating faults or malfunction in the appliance components.
The combination of Zayani and Piccolo discloses the use of an activated state of one or more appliance components of the plurality of appliance components, and a deactivated state of a remaining one or more appliance components [Zayani, Paragraph [0008] – Accordingly, activity monitoring of a refrigeration unit may include, for example, monitoring and detection of the activity of the compressor when the fan is off and/or monitoring as well as detection of the activity of the fan when the compressor is off and/or joint detection of the activities of the compressor and the fan during operation, and additionally optionally monitoring and detection of the activity of a coolant pump.”; Paragraph [0009] – “… For example, reference measurements or training of the equipment can basically take place with the fan off and later analyses can focus on monitoring one compressor alone.” – later analysis is the diagnostic; Paragraph [0010] – “It is also possible to alternatively or additionally collect fan activity data in isolation as reference data on its own and later compare it to operational data to determine an aging condition.” – later comparison is the diagnostic]; and
obtaining, via the acoustic sensor [Zayani, Paragraph [0007] – “The first detection device uses the first sensor to record a course of the activity of a unit over time.”; Paragraph [0017] – “To implement the first sensing device, it may be provided that the first sensor is an acoustic sensor”], the acoustic signal relative to the plurality of appliance components commanded to the activated state [Paragraph [0020] – “A sensor can also be used to detect the activity of a fan that is used, for example, to distribute or transport air in the storage device. For example, the noise of the air flow in the storage device and/or the running noise of the fan can be detected. This can be used to monitor the quality of the air distribution as well as the aging condition of the fan, for example, because the fan has an acoustic signature that reflects its aging condition or damage or defects.” – fan must be active to transport air, and take into account the activity in isolation of Paragraph [0010]];
transmitting, via the controller to the remote computing device [See Zayani, Paragraph [0049] – “…at least partially acquired data can also be transmitted to a server via data communication…”], the acoustic signal [Schwarz, Paragraph [0024] – “Generating a spectral signature of the vibration parameters detected in step (i)” – acoustic signal of Schwarz appliance component(s) commanded to active state as per Zayani];
generating, via the remote computing device [See Zayani, Paragraph [0049] – “…at least partially acquired data can also be transmitted to a server via data communication…”], a current-state spectrogram based on the acoustic signal [Schwarz, Paragraph [0024] – “Generating a spectral signature of the vibration parameters detected in step (i)” – generating via the remote server of Zayani];
determining, via the remote computing device [See Zayani, Paragraph [0049] – “…at least partially acquired data can also be transmitted to a server via data communication…”], an operating condition of the plurality of appliance components commanded to the activated state [Zayani, Paragraph [0020] – A sensor can also be used to detect the activity of a fan that is used, for example, to distribute or transport air in the storage device. For example, the noise of the air flow in the storage device and/or the running noise of the fan can be detected. This can be used to monitor the quality of the air distribution as well as the aging condition of the fan, for example, because the fan has an acoustic signature that reflects its aging condition or damage or defects.” – aging condition, damage, and defects are operating conditions] based at least on comparing the current-state spectrogram to a baseline spectrogram corresponding to activated appliance component [Schwarz, Paragraph [0025] – “…wherein the spectral signatures generated in step (ii) are compared with the spectral signatures relating to normal operating conditions of the refrigeration system or household appliance” – activated appliance component(s) as per Zayani];
and transmitting, from the remote computing device to the appliance [See Zayani, Paragraph [0049] – “…at least partially acquired data can also be transmitted to a server via data communication…”], a communication signal based on the determined operating condition of the plurality of appliance components [Zayani, Paragraph [0031]-[0032] – “In the case of the monitoring device described, it can also be provided that it has a device for displaying or outputting the determined characteristic variables and/or the activity progress of a cooling or heating unit and/or an alarm signal. The monitoring device may also have, for example, a transmitting and or receiving device for wireless communication, in particular for outputting alarm signals or display data on a terminal device.”].
Regarding Claim 11, the combination of Zayani, Piccolo, and Schwarz discloses the system of claim 8, wherein comparing the current-state spectrogram to the baseline spectrogram corresponding to activated appliance component comprises determining the current-state spectrogram exceeding a similarity threshold relative to the baseline spectrogram for a corresponding activated component [Zayani, Paragraph [0036]-[0037] – “The invention also relates to a method for operating a monitoring device of the type described above, in which it is provided that the measured temperature/time profiles and, in particular, also measured acoustic signals or measured signals from a vibration sensor are Fourier-transformed and compared in the Fourier-transformed form with reference data, and that at least one characteristic variable for the temperature profile in the temperature-controlled storage device is determined from the comparison. The characteristic variable for the temperature curve can be, for example, a minimum or maximum temperature of a cooling cycle or also a point in time in the past or future at which certain temperature threshold values are undercut or exceeded or at which the duration of undercutting or exceeding a temperature threshold value exceeds a certain predefined duration.”].
Regarding Claim 12, the combination of Zayani, Piccolo, and Schwarz discloses the system of claim 8, wherein generating the current-state spectrogram from the acoustic signal comprises generating the current-state spectrogram based on a Fast Fourier Transform [Schwarz, Paragraph [0054] – “In the case of the present invention, the spectral signatures are preferably generated by the first plurality of transducers 2, the one intended to detect the mechanical vibration or the sound pressure waves of the refrigeration system and/or of the household appliance, and also to detect the noise surroundings of the refrigeration system and/or household appliance, that is, they are generated from mechanical wave signals (vibration and sound). Thus, first the magnitudes in question are detected by their respective transducers, and then, after the application of a specific algorithm, the frequency spectra, that is, the spectral signatures, are generated. Preferably, this specific algorithm is of the Fast Fourier Transform (FFT) type.”].
Regarding Claim 13, the combination of Zayani, Piccolo, and Schwarz discloses the system of claim 8, wherein determining the isolation state of the appliance [See Piccolo, Paragraphs [0007], [0021]-[0026]] comprises determining proximity to the appliance based at least on the proximity sensor [Piccolo, Paragraph [0015] – “The sensors 20 may include any type of sensing or detecting devices or elements that are capable of measuring light and/or sound, including, but not limited to, microphones, sound detectors, cameras, photo eyes, light detectors, and the like. The sensors 20 may be mounted on the exteriors of the notification appliances 12, and/or may be disposed within the notification appliances 12.” – microphones and light detectors are types of proximity sensors].
Regarding Claim 14, the combination of Zayani, Piccolo, and Schwarz discloses the system of claim 8.
The combination does not disclose wherein determining the operating condition comprises comparing, via an artificial intelligence model, the current-state spectrogram to the baseline spectrogram corresponding to activated appliance component
However, Zayani discloses wherein determining the operating condition comprises comparing, via an artificial intelligence model, the current-state spectrogram to the baseline spectrogram corresponding to activated appliance component [Zayani, Paragraph [0041] – “The determination of reference data or the training of the learning device can take place in exactly the same storage facility whose temperature profile is to be determined later or in a similar storage facility. ”; Paragraph [0044] – “A classical unsupervised machine learning takes place, for which about one week should be sufficient (5 weekdays and nights+weekend) to establish a basis for a single refrigerator. After one year in operation, a “long term profile” is then obtained, which also covers the seasonal variability).”; Paragraph [0046] – “The goal here is to determine a fault diagnosis for refrigerators, based on sensor data. For this, a more extensive training is necessary, where certain faults must be visible, induced or simulated (e.g.: fan fault, compressor fault, lack of refrigerant, etc.).”; Paragraph [0074] – “The processing device further comprises a module 5c, which may be a learning system if this is not already realized by a neural network and which includes elements of artificial intelligence. This module can assign to the acquired or Fourier-transformed data various states of the storage device or its elements, such as the heating/cooling unit or the insulation of the storage device or a heat transport fluid/cooling fluid states or parameters that can result in the output of an alarm signal.”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use the artificial intelligence model of Zayani to compare the current-state spectrogram to the baseline spectrogram disclosed by Zayani, Piccolo, and Schwarz in order to improve the identification of faulty components by the diagnostic routine.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zayani et. al. (US 20240003614 A1) in view of Piccolo et. al. (US 20140340215 A1), in view of Schwarz et. al. (US 20100269522 A1), in further view of Kim et. al. (US 20210335064 A1).
Regarding Claim 9, the combination of Zayani, Piccolo, and Schwarz discloses the system of claim 8.
The combination does not disclose wherein the diagnostic routine cycles the plurality of appliance components between the activated and deactivated state.
However, Kim discloses wherein the diagnostic routine cycles the plurality of appliance components between the activated state and the deactivated state [Paragraph [0106] – “At 508, the process 500 may include causing the component to activate. By way of example, if the vehicle component that is to be activated includes the HVAC system, then the vehicle may cause various HVAC system components to turn on or off, such as an AC compressor, ventilation fan, etc. The amount of time the component is activated may be dependent on the time window over which the audio of the component is captured. In some instances, the other systems or components of the vehicle may be deactivated while activating the vehicle component in order to isolate a portion of audio data attributable to the component being activated….”; Paragraph [0111]-[0112] – “At 518, the process 500 may include determining that the component is functioning properly. For example, by comparing the second audio signature with the first audio signature, which is representative of a properly functioning component, the process 500 may determine that the component is not defective. In some instances, at 518 the process 500 may determine a condition of the component (e.g., operational, functional, etc.). From 518, the process 500 may proceed to test other components of the vehicle… Alternatively, if at 516 the process 500 determines that the first audio signature and the second audio signature are not similar, or do not include a threshold similarity, the process 500 may follow the “NO” route and proceed to 520. At 520, the process 500 may include determining that the component is faulty and/or is otherwise not functioning properly…From 520, the process 500 may proceed to test other components of the vehicle…”].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to cycle through activated and deactivated states of components, as disclosed by Kim, in the diagnostic routine disclosed by the combination of Zayani, Piccolo, and Schwarz in order to efficiently identify faults in each appliance component.
Regarding Claim 10, the combination of Zayani, Piccolo, and Schwarz, and Kim discloses the system of claim 9, wherein obtaining the acoustic signal relative to the plurality of appliance components commanded to the activated state comprises obtaining a plurality acoustic signals each corresponding to each one or more of the plurality of appliance components cycled to the activated state [Schwarz, Paragraph [0054] – “The spectral signature can be defined as a translation of the behavior of a component on the temporal basis into a magnitude in the frequency domain, in other words, the spectral signature is equivalent to the frequency spectrum of a vibrating element (motor, compressor, etc.).” – spectral signature for each component; Paragraph [0057] – “Thus, the operating condition of the system and/or household appliance as a whole or of the components thereof associated with the first plurality of transducers 2 is duly monitored.” – multiple components] cycled to the activated state [See Zayani Paragraphs [0008]-[0010] – “…alternatively or additionally collect fan activity data” – alternating monitoring is cycling].
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US-8813511-B2, Control System For Operating Condenser Fans
US-5230223-A, Method And Apparatus For Efficiently Controlling Refrigeration And Air Conditioning Systems
US-3946573-A, Electrical Diagnostic System For Refrigeration Apparatus
US 20240264045 A1, ROBUST PREDICTIVE MAINTENANCE METHOD FOR MACHINERY USING MEASURED VIBRATION DATA AND ESTIMATED SOUND DATA
US-20220120026-A1, SYSTEM AND METHOD FOR USING SOUND TO MONITOR THE OPERATION OF A DRYER APPLIANCE
US-20190094189-A1, ACOUSTIC TESTING OF BATTERIES IN PORTABLE DEVICES
US-20110000100-A1, LAUNDRY TREATMENT APPLIANCE COMPRISING A DRUM AND A SENSOR, AND METHOD FOR THE OPERATION THEREOF
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANELLE A HOLMES whose telephone number is (571)272-4336. The examiner can normally be reached Monday - Friday 8:00 am - 5 pm.
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, Arleen M Vazquez can be reached at (571) 272-2619. 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.
/J.A.H./Examiner, Art Unit 2857
/ARLEEN M VAZQUEZ/Supervisory Patent Examiner, Art Unit 2857
Prosecution Insights