DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to an amendment/argument submitted on 11/12/2025. The applicant amends claims 1, 7, 9, 12, and 15.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of a mental concept of evaluation and/or observation without significantly more. The claims are examined with respect to the MPEP and 209 Subject Matter Guidance. Example 40 of the Guidance is the example used for evaluation of the claims.
Step 1
The claims recite a tracking system of a machine, a method, and a machine. The claims are directed to one of the four statutory categories. Therefore, the claims pass Step 1.
Step 2A Prong I
The independent claim 1 is reproduced below with the abstract idea denoted in italics and the pre/post solution activity denoted in bold.
Claim 1
A tracking system of a machine, comprising:
a first communication controller configured to:
receive a plurality of advertisement messages from a plurality of beacon devices,
wherein each of the plurality of advertisement messages indicates a respective identifier of a transmitting beacon device of the plurality of beacon devices, and
wherein a component beacon device, of the plurality of beacon devices, is attached to a component of the machine, and a remainder of the plurality of beacon devices are apart from the machine;
monitor, in accordance with a plurality of identifiers indicated in the plurality of advertisement messages, respective message counts for the plurality of identifiers; and
transmit information indicating the respective message counts for the plurality of identifiers;
a second communication controller, communicatively connected to the first communication controller, configured to:
receive the information indicating the respective message counts for the plurality of identifiers; obtain, from one or more additional controllers, productivity data relating to the machine; and
transmit the information and the productivity data to a third communication controller for transmission of the information and the productivity data to a useful life estimation system to cause the useful life estimation system to:
determine an identifier, of the plurality of identifiers, having a highest message count, of the respective message counts is associated with the component beacon device,
associate, based on determining the identifier having the highest message count is associated with the component beacon device, a portion of the productivity data to the component, and
perform an estimation of a metric relating to a useful life of the component in accordance with the portion of the productivity data.
The inventive concept is evaluated with respect to MPEP section 2106.07 and based upon the features is directed to observing the lifespan of components of heavy equipment and the specification background and summary sections.
With respect to the MPEP section 2106.04(a)(2)(III)(a), the claimed invention is an abstract idea of a mental concept of evaluation and/or observation for the following reasons. In the independent claim the claim features of do not identify specific structure to perform the operations. The features of advertisement message isn’t claimed what generates the message and the contents of the message or the identifiers within the message. The beacon device feature doesn’t define what data is collected. The feature of productivity data is not defined of what the feature constitutes. Given the lack of specificity in these features a person with their own eyes may visually inspect a vehicle and evaluation and/or observe the wear and tear upon a component and decide the lifespan of the component.
With respect to the 2019 Guidance, the claims do not identify the specific data collected or observed and the purpose of the observation for determining new or improved data collection. In example 40 of the guidance, the claim identifies specific structure to collect specific data. In this, case the claims do not contain the same specificity for data collection for data processing.
With respect to the dependent claims, the claims do not define with specificity the operations monitored in dependent claims 6, 14, and 20. In claims 2 and 9 state “further indicate a respective”, which is interpreted to mean in addition to battery voltage other elements are contained in the message. Therefore, given the varied aspects of the dependent claims and the lack of defining the features in the independent claim. The features do not give further definition to the broad elements of the independent claims.
Therefore, the claims fail the standards established in MPEP and the 2019 Guidance and fails Step 2A Prong I.
Step 2A Prong II
This judicial exception is not integrated into a practical application because the claims fail to satisfy the requirements of MPEP section 2106.04(d) and 2106.04(d)(1). The claims lack the specificity to define the improvement in the art of identifying the lifespan of the features of dependent claims 6, 14, and 20. The features of those claims are distinctively different and the claims do not identify structure that is able to identify the thresholds of the features. IN addition, the lack of specificity does not comply with the 2019 Guidance standards. Therefore, the claims do pass Step 2A Prong II.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims fail to satisfy the requirements of MPEP section 2106.05(a-h). The claims also do not satisfy the claims do not identify the features measured or the thresholds associated with the features of the dependent claims 6, 14, and 20 to determine the lifespan and how that information is conveyed. Therefore, the lack of unique structure to measure the features of note are not additional elements to not make the invention abstract.
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, 2, 7, 9, 11, 15, 18, and 19 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. The claims contain the feature of “advertisement message”, which when interpreted with respect to the specification paragraph 0025, does not give scope to the feature in relation to the feature of “message count”. Therefore, one of ordinary skill in the art would not know what about the “beacon identifier” is reported in the “advertisement message” to determine the features of dependent claims 6, 14, and 20.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 - 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Steketee US 2017/0372534.
As per claim 1, A tracking system of a machine, comprising:
a first communication controller configured to: (Steketee paragraph 0130 discloses, “Bluetooth Low Energy & 802.15.4 protocols.” And paragraph 0331 discloses, “Bluetooth advertising mode is a method of mobile marketing that utilizes Bluetooth technology to deliver content such as message, information, or advertisement to mobile devices such as cellular phones or tablet computers. A heavy duty social mesh network protocol can utilize the advertising mode to communicate between and among Bluetooth devices information about the status and metrics collected by various devices in the network.”)
receive a plurality of advertisement messages from a plurality of beacon devices, wherein each of the plurality of advertisement messages indicates a respective identifier of a transmitting beacon device of the plurality of beacon devices, and wherein a component beacon device, of the plurality of beacon devices, is attached to a component of the machine, and a remainder of the plurality of beacon devices are apart from the machine; (Steketee paragraph 0011 discloses, “The HDi monitor may include one or more housings mounted to the heavy-duty vehicle, or a vehicle work tool, with at least one sensor, such as an accelerometer, and at least one transceiver disposed within the housing.” And paragraph 0145 discloses, “The sensory unit can include wear data sensors that sense wear data.” And paragraph 0238 discloses, “Tracking this information can assist in numerous facets of the heavy duty equipment environment such as maintenance, repairs, wear data tracking, replacement part ordering, work data tracking, work tool interface, and coaching, to name a few.” And paragraph 0362 discloses, “Tracker can be mounted in protective steel and data is collected using ultrasonic communications through the steel.”)
monitor, in accordance with a plurality of identifiers indicated in the plurality of advertisement messages, respective message counts for the plurality of identifiers; (Steketee paragraph 0016 discloses, “Heavy-duty vehicle operation events can include a variety of different events such as, for example, heavy-duty vehicle movement events, heavy-duty vehicle work tool events, environment events, and shock events. For example, a heavy-duty vehicle work tool event may include digging with a work tool attached to the heavy-duty vehicle, moving the heavy-duty vehicle, or turning a turret of a heavy-duty vehicle.” And paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.”) and
transmit information indicating the respective message counts for the plurality of identifiers; (Steketee paragraph 0234 discloses, “When the system is connected to any network that allows the bandwidth, the HDi system can selectively listen to events, noises and record data remotely for real time research of field equipment. These interactions can be triggered by watches pushed up from the network. A watch can be a specific chain of events, a pattern or patterns. When these conditions are met the HDi system can record or transmit the data to the host system. This data can be used for enabling new features and capabilities that can be downloaded through the network.”)
a second communication controller, communicatively connected to the first communication controller, configured to:
receive the information indicating the respective message counts for the plurality of identifiers; (Steketee paragraph 0095 discloses, “FIG. 73 shows the progression of records and identifications that build the maintenance wear data detailing the parts, vehicle, brand, time and locations, and users over that time. This information can be verified and compared to the measured data from the testing tool.” And paragraph 0316 discloses, “The social mesh protocol utilizes social IDs based on each device, vehicle, work tool, etc., tagged as a social event. Each social event is an interaction; these interactions can be for service, inspections, or an operator using the tool or vehicle. The vehicle driver is also associated with that vehicle. The drivers associated with times of use for each vehicle can be recorded as part of the social mesh protocol.”)
obtain, from one or more additional controllers, productivity data relating to the machine; (Steketee paragraph 0238 discloses, “Tracking this information can assist in numerous facets of the heavy duty equipment environment such as maintenance, repairs, wear data tracking, replacement part ordering, work data tracking, work tool interface, and coaching, to name a few.” And paragraph 0318 discloses, “Within this IOT ecosystem can be tablets that contain APIs, the IOT devices can be enabled with this protocol, vehicle telematics can be interconnected and maintain this protocol and all communicate within an ecosystem. A fleet manager can be enabled to look out over the vehicles and immediately report on inspections, service statistics, and wear data.”) and
transmit the information and the productivity data to a third communication controller for transmission of the information and the productivity data to a useful life estimation system to cause the useful life estimation system to: (Steketee paragraph 0345 discloses, “FIG. 80 details the cloud database connecting data through LTE, WiFi of the tablet and utilizes an industrial holder for the tablet to collect, analyze and transfer patterns, use data rental time, user data and feed information back to the user like interactive training data.”)
determine an identifier, of the plurality of identifiers, having a highest message count, of the respective message counts is associated with the component beacon device, (Steketee paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.”)
associate, based on determining the identifier having the highest message count is associated with the component beacon device, a portion of the productivity data to the component, (Steketee paragraph 0095 discloses, “FIG. 73 shows the progression of records and identifications that build the maintenance wear data detailing the parts, vehicle, brand, time and locations, and users over that time. This information can be verified and compared to the measured data from the testing tool.”) and
perform an estimation of a metric relating to a useful life of the component in accordance with the portion of the productivity data. (Steketee paragraph 0147 discloses, “ By predicting consumable parts life changes, the system can implement automatic consumable order fulfillment based on assisted monitoring and prediction of life.” And paragraphs 0213 and 0220)
As per claim 2, The tracking system of claim 1, wherein each of the plurality of advertisement messages further indicate a respective battery voltage of the transmitting beacon device. (Steketee paragraph 0130 discloses, “the HDi monitor includes a microprocessor monitoring system and signal processing system for recognizing patterns and activities, an RFID interface coupled to an RFID Tx/Rx coil, a GPS system, a cellular communication system, a wireless power charger, a battery and power supply, charging circuitry, a 3-axis accelerometer with a gyroscope, a vehicle bus interface, an ultrasonic transducer, and circuitry for communicating using WiFi, Bluetooth Low Energy & 802.15.4 protocols.”)
As per claim 3, The tracking system of claim 1, wherein the first communication controller or the second communication controller is further configured to detect a key off event for the machine, and wherein the first communication controller is configured to transmit the information, or the second communication controller is configured to receive the information, responsive to the key off event. (Steketee paragraph 0247 discloses, “tracking vehicles and attachments in the fleet or on a jobsite can be preprogrammed. By checking the associated security tracker for equipment that is associated both pieces of equipment can track together. A work time schedule can also be set as a rule as well as a list of associated users. If the wrong user tries to start the vehicle and is not associated, the vehicle will not start or can be configured to trigger an alarm sequence.”)
As per claim 4, The tracking system of claim 1, wherein the first communication controller, to monitor the respective message counts for the plurality of identifiers, is configured to:record, in a log, entries indicating the respective message counts for the plurality of identifiers. (Steketee paragraph 0095 discloses, “FIG. 73 shows the progression of records and identifications that build the maintenance wear data detailing the parts, vehicle, brand, time and locations, and users over that time. This information can be verified and compared to the measured data from the testing tool.” and paragraph 0238 discloses, “Tracking this information can assist in numerous facets of the heavy duty equipment environment such as maintenance, repairs, wear data tracking, replacement part ordering, work data tracking, work tool interface, and coaching, to name a few.” And paragraph 0243 discloses, “The wear table can be created that tracks wear over time based on various relationships. The wear table can be used in conjunction with the relationship data to identify end of life status and other wear thresholds before they occur.”)
As per claim 5, The tracking system of claim 4, wherein the first communication controller, to monitor the respective message counts for the plurality of identifiers, is further configured to:drop, from the log, one or more entries that indicate lowest message counts, of the respective message counts, to maintain a threshold quantity of the entries in the log. (Steketee paragraph 0243 discloses, “The wear table can be used in conjunction with the relationship data to identify end of life status and other wear thresholds before they occur.” And paragraph 0273 discloses, “If a matching sensor event is found, a device connection may be updated in memory. Once a predetermined number of matching sensor events are detected within a predetermined time frame, the devices can be associated in memory and tracked accordingly.”)
As per claim 6, The tracking system of claim 1, wherein the productivity data relating to the machine indicates one or more of: a lifetime quantity of machine hours, a lifetime machine operation cycle count, a lifetime fuel consumption, or a lifetime payload weight. (Steketee paragraph 0147 discloses, “By predicting consumable parts life changes, the system can implement automatic consumable order fulfillment based on assisted monitoring and prediction of life.” And paragraph 0220 discloses, “Efficiency rating for fuel use and idle time” and 0223)
As per claim 7, A method, comprising:
receiving, by a tracking system of a machine, a plurality of advertisement messages from a plurality of beacon devices, wherein each of the plurality of advertisement messages indicates a respective identifier of a transmitting beacon device of the plurality of beacon devices, and wherein a component beacon device, of the plurality of beacon devices, is attached to a component of the machine, and a remainder of the plurality of beacon devices are apart from the machine; (Steketee paragraph 0011 discloses, “The HDi monitor may include one or more housings mounted to the heavy-duty vehicle, or a vehicle work tool, with at least one sensor, such as an accelerometer, and at least one transceiver disposed within the housing.” And paragraph 0145 discloses, “The sensory unit can include wear data sensors that sense wear data.” And paragraph 0238 discloses, “Tracking this information can assist in numerous facets of the heavy duty equipment environment such as maintenance, repairs, wear data tracking, replacement part ordering, work data tracking, work tool interface, and coaching, to name a few.” And paragraph 0362 discloses, “Tracker can be mounted in protective steel and data is collected using ultrasonic communications through the steel.”)
monitoring, by the tracking system and in accordance with a plurality of identifiers indicated in the plurality of advertisement messages, respective message counts for the plurality of identifiers; (Steketee paragraph 0016 discloses, “Heavy-duty vehicle operation events can include a variety of different events such as, for example, heavy-duty vehicle movement events, heavy-duty vehicle work tool events, environment events, and shock events. For example, a heavy-duty vehicle work tool event may include digging with a work tool attached to the heavy-duty vehicle, moving the heavy-duty vehicle, or turning a turret of a heavy-duty vehicle.” And paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.”)
generating, by the tracking system, a communication that indicates the respective message counts for the plurality of identifiers and productivity data relating to the machine; (Steketee paragraph 0095 discloses, “FIG. 73 shows the progression of records and identifications that build the maintenance wear data detailing the parts, vehicle, brand, time and locations, and users over that time. This information can be verified and compared to the measured data from the testing tool.” And paragraph 0316 discloses, “The social mesh protocol utilizes social IDs based on each device, vehicle, work tool, etc., tagged as a social event. Each social event is an interaction; these interactions can be for service, inspections, or an operator using the tool or vehicle. The vehicle driver is also associated with that vehicle. The drivers associated with times of use for each vehicle can be recorded as part of the social mesh protocol.”) and
transmitting, by the tracking system, the communication for a useful life estimation system to cause the useful life estimation system to: (Steketee paragraph 0345 discloses, “FIG. 80 details the cloud database connecting data through LTE, WiFi of the tablet and utilizes an industrial holder for the tablet to collect, analyze and transfer patterns, use data rental time, user data and feed information back to the user like interactive training data.”)
determine an identifier, of the plurality of identifiers, having a highest message count, of the respective message counts is associated with the component beacon device, (Steketee paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.”)
associate, based on determining the identifier having the highest message count is associated with the component beacon device, a portion of the productivity data to the component, (Steketee paragraph 0095 discloses, “FIG. 73 shows the progression of records and identifications that build the maintenance wear data detailing the parts, vehicle, brand, time and locations, and users over that time. This information can be verified and compared to the measured data from the testing tool.”) and
perform an estimation of a metric relating to a useful life of the component in accordance with the portion of the productivity data. (Steketee paragraph 0147 discloses, “ By predicting consumable parts life changes, the system can implement automatic consumable order fulfillment based on assisted monitoring and prediction of life.” And paragraphs 0213 and 0220)
As per claim 8, The method of claim 7, wherein the component of the machine is an implement. (Steketee paragraph 0191 discloses, “Multiple attributes can be monitored to identify an event, such as six different attributes that can be monitored to identify extending a bucket. An example would be the excavator coming up, moving out, seeing the first rotation of the bucket and seeing the regional bucket and the end potentially stop point of the bucket all as aspects of extending the bucket and this can be put together in different sequences that identifies this overall pattern.”)
As per claim 9, The method of claim 7, wherein each of the plurality of advertisement messages further indicates a respective battery voltage of the transmitting beacon device. (Steketee paragraph 0130 discloses, “the HDi monitor includes a microprocessor monitoring system and signal processing system for recognizing patterns and activities, an RFID interface coupled to an RFID Tx/Rx coil, a GPS system, a cellular communication system, a wireless power charger, a battery and power supply, charging circuitry, a 3-axis accelerometer with a gyroscope, a vehicle bus interface, an ultrasonic transducer, and circuitry for communicating using WiFi, Bluetooth Low Energy & 802.15.4 protocols.”)
As per claim 10, The method of claim 7, wherein the tracking system includes a first communication controller that includes a short-range wireless receiver, a second communication controller, and a third communication controller that includes a long-range wireless transmitter, wherein the second communication controller has a wired connection to the first communication controller and the third communication controller. (Steketee paragraph 0247 discloses, “tracking vehicles and attachments in the fleet or on a jobsite can be preprogrammed. By checking the associated security tracker for equipment that is associated both pieces of equipment can track together. A work time schedule can also be set as a rule as well as a list of associated users. If the wrong user tries to start the vehicle and is not associated, the vehicle will not start or can be configured to trigger an alarm sequence.”)
As per claim 11, The method of claim 10, wherein receiving the plurality of advertisement messages and monitoring the respective message counts for the plurality of identifiers uses the first communication controller, wherein generating the communication uses the second communication controller, and wherein transmitting the communication uses the third communication controller. (Steketee paragraph 0247 discloses, “tracking vehicles and attachments in the fleet or on a jobsite can be preprogrammed. By checking the associated security tracker for equipment that is associated both pieces of equipment can track together. A work time schedule can also be set as a rule as well as a list of associated users. If the wrong user tries to start the vehicle and is not associated, the vehicle will not start or can be configured to trigger an alarm sequence.” The clause doesn’t distinguish a first and second communication controller so that there is a patentable different between the two.)
As per claim 12, The method of claim 11, wherein generating the communication comprises: transmitting, by the first communication controller to the second communication controller, information indicating the respective message counts for the plurality of identifiers; and transmitting, by the second communication controller to the third communication controller, the information and the productivity data. (Steketee paragraph 0016 discloses, “Heavy-duty vehicle operation events can include a variety of different events such as, for example, heavy-duty vehicle movement events, heavy-duty vehicle work tool events, environment events, and shock events. For example, a heavy-duty vehicle work tool event may include digging with a work tool attached to the heavy-duty vehicle, moving the heavy-duty vehicle, or turning a turret of a heavy-duty vehicle.” And paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.” And paragraph 0320 discloses, “The hardware associated with this ecosystem can be mobile devices, tablets, and computers for IOT devices. FIG. 59 shows a device that uses 802.15.4 communications with other devices or vehicles within its network, this can also include work tools.” The clause doesn’t distinguish a first and third communication controller so that there is a patentable different between the two)
As per claim 13, The method of claim 12, further comprising: detecting a key off event for the machine, wherein the information is transmitted by the first communication controller to the second communication controller responsive to the key off event. (Steketee paragraph 0247 discloses, “By checking the associated security tracker for equipment that is associated both pieces of equipment can track together. A work time schedule can also be set as a rule as well as a list of associated users. If the wrong user tries to start the vehicle and is not associated, the vehicle will not start or can be configured to trigger an alarm sequence.”)
As per claim 14, The method of claim 7, wherein the productivity data relating to the machine indicates one or more of:a lifetime quantity of machine hours,a lifetime machine operation cycle count,a lifetime fuel consumption, or a lifetime payload weight. (Steketee paragraph 0147 discloses, “By predicting consumable parts life changes, the system can implement automatic consumable order fulfillment based on assisted monitoring and prediction of life.” And paragraph 0220 discloses, “Efficiency rating for fuel use and idle time” and 0223)
As per claim 15, A machine, comprising:
an implement; (Steketee paragraph 0191 discloses, “Multiple attributes can be monitored to identify an event, such as six different attributes that can be monitored to identify extending a bucket. An example would be the excavator coming up, moving out, seeing the first rotation of the bucket and seeing the regional bucket and the end potentially stop point of the bucket all as aspects of extending the bucket and this can be put together in different sequences that identifies this overall pattern.” And paragraphs 0119, 0120, and 0182) and
a tracking system, comprising:
a component beacon device attached to the implement; and one or more communication controllers configured to: (Steketee paragraph 0362 discloses, “Tracker can be mounted in protective steel and data is collected using ultrasonic communications through the steel”)
receive a plurality of advertisement messages from a plurality of beacon devices that includes the component beacon device, wherein each of the plurality of advertisement messages indicates a respective identifier of a transmitting beacon device of the plurality of beacon devices; (Steketee paragraph 0011 discloses, “The HDi monitor may include one or more housings mounted to the heavy-duty vehicle, or a vehicle work tool, with at least one sensor, such as an accelerometer, and at least one transceiver disposed within the housing.” And paragraph 0145 discloses, “The sensory unit can include wear data sensors that sense wear data.” And paragraph 0238 discloses, “Tracking this information can assist in numerous facets of the heavy duty equipment environment such as maintenance, repairs, wear data tracking, replacement part ordering, work data tracking, work tool interface, and coaching, to name a few.” And paragraph 0362 discloses, “Tracker can be mounted in protective steel and data is collected using ultrasonic communications through the steel.”)
monitor, in accordance with a plurality of identifiers indicated in the plurality of advertisement messages, respective message counts for the plurality of identifiers; (Steketee paragraph 0016 discloses, “Heavy-duty vehicle operation events can include a variety of different events such as, for example, heavy-duty vehicle movement events, heavy-duty vehicle work tool events, environment events, and shock events. For example, a heavy-duty vehicle work tool event may include digging with a work tool attached to the heavy-duty vehicle, moving the heavy-duty vehicle, or turning a turret of a heavy-duty vehicle.” And paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.”)
obtain productivity data relating to the machine; (Steketee paragraph 0238 discloses, “Tracking this information can assist in numerous facets of the heavy duty equipment environment such as maintenance, repairs, wear data tracking, replacement part ordering, work data tracking, work tool interface, and coaching, to name a few.” And paragraph 0318 discloses, “Within this IOT ecosystem can be tablets that contain APIs, the IOT devices can be enabled with this protocol, vehicle telematics can be interconnected and maintain this protocol and all communicate within an ecosystem. A fleet manager can be enabled to look out over the vehicles and immediately report on inspections, service statistics, and wear data.”) and
transmit the productivity data and information indicating the respective message counts for the plurality of identifiers for a useful life estimation system to cause the useful life estimation system to: (Steketee paragraph 0345 discloses, “FIG. 80 details the cloud database connecting data through LTE, WiFi of the tablet and utilizes an industrial holder for the tablet to collect, analyze and transfer patterns, use data rental time, user data and feed information back to the user like interactive training data.”)
determine an identifier, of the plurality of identifiers, having a highest message count, of the respective message counts is associated with the component beacon device, (Steketee paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.”)
associate, based on determining the identifier having the highest message count is associated with the component beacon device, a portion of the productivity data to the implement, (Steketee paragraph 0095 discloses, “FIG. 73 shows the progression of records and identifications that build the maintenance wear data detailing the parts, vehicle, brand, time and locations, and users over that time. This information can be verified and compared to the measured data from the testing tool.”) and
perform an estimation of a metric relating to a useful life of the implement in accordance with the portion of the productivity data. (Steketee paragraph 0147 discloses, “ By predicting consumable parts life changes, the system can implement automatic consumable order fulfillment based on assisted monitoring and prediction of life.” And paragraphs 0213 and 0220)
As per claim 16, The machine of claim 15, wherein the implement is a bucket. (Steketee paragraph 0191 discloses, “Multiple attributes can be monitored to identify an event, such as six different attributes that can be monitored to identify extending a bucket. An example would be the excavator coming up, moving out, seeing the first rotation of the bucket and seeing the regional bucket and the end potentially stop point of the bucket all as aspects of extending the bucket and this can be put together in different sequences that identifies this overall pattern.”)
As per claim 17, The machine of claim 15, wherein the one or more communication controllers include a first communication controller that includes a short-range wireless receiver, a second communication controller, and a third communication controller that includes a long- range wireless transmitter, wherein the second communication controller has a wired connection to the first communication controller and the third communication controller. (Steketee paragraph 0016 discloses, “Heavy-duty vehicle operation events can include a variety of different events such as, for example, heavy-duty vehicle movement events, heavy-duty vehicle work tool events, environment events, and shock events. For example, a heavy-duty vehicle work tool event may include digging with a work tool attached to the heavy-duty vehicle, moving the heavy-duty vehicle, or turning a turret of a heavy-duty vehicle.” And paragraph 0182 discloses, “The events are patterns recognized for monitoring basic machine functions. For example, digging with an excavator bucket, moving forward, moving backwards, turning around, dropping dirt, and moving dirt are examples of events. Pattern data from both optimum performance and sub optimal performance can be utilized.” And paragraph 0320 discloses, “The hardware associated with this ecosystem can be mobile devices, tablets, and computers for IOT devices. FIG. 59 shows a device that uses 802.15.4 communications with other devices or vehicles within its network, this can also include work tools.” The clause doesn’t distinguish a first and third communication controller so that there is a patentable different between the two)
As per claim 18, The machine of claim 17, wherein the first communication controller is configured to receive the plurality of advertisement messages and to monitor the respective message counts, wherein the second communication controller is configured to obtain the productivity data, and wherein the third communication controller is configured to transmit the productivity data and the information for the useful life estimation system. (Steketee paragraph 0147 discloses, “By predicting consumable parts life changes, the system can implement automatic consumable order fulfillment based on assisted monitoring and prediction of life.” And paragraph 0220 discloses, “Efficiency rating for fuel use and idle time” and 0223)
As per claim 19, The machine of claim 15, wherein the plurality of advertisement messages use a wireless personal area network technology. (Steketee paragraph 0330 discloses, “The identity of the attachment can be updated dynamically to convey information such as sensor information, time in use, or other data as discussed above. A similar approach can be taken with other communication protocols such as 802.11 and Bluetooth.”)
As per claim 20, The machine of claim 15, wherein the productivity data relating to the machine indicates one or more of:a lifetime quantity of machine hours, a lifetime machine operation cycle count, a lifetime fuel consumption, or a lifetime payload weight. (Steketee paragraph 0147 discloses, “By predicting consumable parts life changes, the system can implement automatic consumable order fulfillment based on assisted monitoring and prediction of life.” And paragraph 0220 discloses, “Efficiency rating for fuel use and idle time” and 0223)
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive. With respect to the section 101 rejection. Applicant alleges the amendment overcomes the rejection. However, applicant did not clarify with specificity the features of concern of “advertisement message”, “identifier”, “message counts”, and “productivity”. The features do not have context given the numerous components on a vehicle and the lack of thresholds that are measured to determine the features of dependent claims 6, 14, and 20. Therefore, the amendment does not overcome the rejection.
With respect to the section 112 rejection. The applicant does not cite in the specification the meaning of the features of concern. The applicant does not amend the claims in a meaningful way to give scope to the features of concern. Therefore, one of ordinary skill in the art would not know what is measured to determine the features of dependent claims 6, 14, and 20. Therefore, the rejection is maintained.
With respect to the section 103 rejection, the rejection is withdrawn because of the amendment.
With respect to the section 102 rejection it is maintained in part.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TYLER D PAIGE/Primary Examiner, Art Unit 3664