CTNF 18/616,533 CTNF 91753 DETAILED ACTION Non-Final Rejection Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 1-13 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. Step 1 Each of claims 1-13 falls within one of the four statutory categories. See MPEP § 2106.03. For example, each of claims 1-13 fall within category of process. Regarding Claims 1-13 Step 2A – Prong 1 Exemplary claim 1 is directed to an abstract idea of detecting faults in a structure. The abstract idea is set forth or described by the following italicized limitations: 1. A method of detecting faults in a structur e having a data network connecting a first actuator, a first sensor, and a second sensor, the method comprising: obtaining via the data network from the first actuator a first signal indicative of a test operating mode and from the first sensor and the second sensor respective signals indicative of a time series of test readings; producing a test operating mode in response; searching for the test operating mode in a first list, and searching for the first sensor and the second sensor in a second list; if the test operation mode is found in the first list and the first sensor and the second sensor are found in the second list, determining a test numerical measure between the first time series of test values and the second time series of test values, the test numerical measure including a predefined constant when the first time series of test values matches the second time series of test values and otherwise deviating from the predefined constant; and determining a test deviation of the test numerical measure from the predefined constant, and if the test deviation exceeds a test threshold value: producing fault data based on the test deviation and using the fault data to alert a user. The italicized limitations above represent a combination of a mathematical concepts(i.e., a process that can be performed by mathematical relationships) and/or mental steps (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance. For example, the limitations “producing a test operating[..]; searching for the test operating mode [..] list, and searching [..] sensor and [..] sensor[..]list; [..]determining a test numerical measure [..], [..] matches [..]deviating [..] constant; determining a test deviation [..];producing fault data[..]” are a combination of a mathematical concepts(i.e., a process that can be performed by mathematical relationships) and/or mental steps (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment). Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos , 561 U.S. 593 (2010)). Step 2A – Prong 2 Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application. For example, first additional first element is “obtaining via the data network from the first actuator a first signal indicative of a test operating mode and from the first sensor and the second sensor respective signals indicative of a time series of test readings ” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g. ,field of use/ data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g) The 2nd additional element is “a data network connecting a first actuator, a first sensor, and a second sensor”. This element amounts to mere use of a generic sensors with computer component, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d). In view of the above, the two “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a plurality of generic monitoring component with computer software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea. . Step 2B Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For examples, “a data network connecting a first actuator, a first sensor, and a second sensor” are generic structure of data processing system , which is well understood, routine and convention (see background of current discloser, IDS and PTO892) and MPEP 2106.05(d)). The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II). . Dependent Claims 2-9 Dependent claims 2-13 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-13 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment. For example, limitations of claim 2-5, 6(producing an initial operating mode from the signals indicative of an initial operating mode and/or of an initial operating state and a first time series of initiation values in response; and determining an initial numerical measure between the first time series of initiation values and the second time series of initiation values, the initial numerical measure including the predefined constant when the first time series of initiation values matches the second time series of initiation values and otherwise deviating from the predefined constant.) and 7-13 further details of abstract idea of claim 1 which is a combination of a mathematical concepts(i.e., a process that can be performed by mathematical relationships) and/or mental steps (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment)) For example, Claim 6:(obtaining via the data network from the first actuator one or more signals indicative of an initial operating mode and from each of the first sensor and the second sensor signals indicative of a time series of initiation readings;)( to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g. ,field of use/ data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g ) . Examiner Notes Although there are no prior art rejections for Claim 1, the Examiner cannot comment on their allowability until all the rejections under 35 U.S.C 101 is satisfactorily addressed. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. a) US 2019/0265680: discloses a numerical controller outputs a feature amount of time-series data generated in relation to machining. The numerical controller is provided with a data acquisition unit configured to acquire the time-series data from a sensor, a feature amount calculation unit configured to sort the time-series data by their values, extract a set of the time-series data with variations of the values not higher than a predetermined threshold, and calculate the feature amount representative of the set, and a feature amount output unit configured to output the feature amount. b) US 20180333846: disclose a machine tool control device and a production system are provided which determine an operation sequence of a robot and set numerical data required in operation, by setting the selection of an operating program of a robot, and/or setting of operations of the operating program, based on an instruction by the user from the machine tool side. A numerical control device which is connected to a robot control device for controlling a robot and controls a machine tool that is used in combination with the robot, includes: a reception unit that accepts setting information for the robot; and a sending unit for sending a parameter setting a selection of an operating program of the robot, and/or setting operations of the operating program, based on the setting information accepted by the reception unit. c) US 20130222391: a waveform display device with a data management function acquires drive-axis data of a machine tool from a numerical controller for controlling the machine tool and acquires parameters of the numerical controller from the numerical controller. The waveform display device manages the drive-axis data and the parameters in association with each other, based on a time at which the drive-axis data is acquired and a time at which the parameter is acquired. These times of acquisition of the drive-axis data and the parameters are set by a timer of the waveform display device. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m.. 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, Shelby A Turner can be reached at 571-272-6334. 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. /MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857 Application/Control Number: 18/616,533 Page 2 Art Unit: 2857 Application/Control Number: 18/616,533 Page 3 Art Unit: 2857 Application/Control Number: 18/616,533 Page 4 Art Unit: 2857 Application/Control Number: 18/616,533 Page 5 Art Unit: 2857 Application/Control Number: 18/616,533 Page 6 Art Unit: 2857 Application/Control Number: 18/616,533 Page 7 Art Unit: 2857 Application/Control Number: 18/616,533 Page 8 Art Unit: 2857 Application/Control Number: 18/616,533 Page 9 Art Unit: 2857
Prosecution Insights