CTNF 18/671,583 CTNF 81386 FIRST 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 Objections 07-34-05 AIA Claim 16 recites the limitation " the valve " in line 4 of the claim . There is insufficient antecedent basis for this limitation in the claim. 07-34-05 AIA Claim 17 recites the limitation " a piezoelectric sensor " in lines 1 and 2 . There is insufficient antecedent basis for this limitation in the claim. 07-34-05 AIA Claim 17 recites the limitation " a valve " in line 1 of the claim . There is insufficient antecedent basis for this limitation in the claim. 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. 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directing to both non-statutory and statutory embodiments under the broadest reasonable interpretation of the claim. Claims 1 and 12 recite the claimed subject matter of “a computer-readable medium storing instructions executable by that at least one processor” when given the broadest reasonable interpretation encompass non-statutory transitory forms of signal transmission, such as, a propagating electrical or electromagnetic signal per se. A claim drawn to such a machine readable medium is interpreted by one of ordinary skill in the art encompasses transitory forms of signal transmission (MPEP 2106). Further, claims 2, 13, and 14 recite “wherein the instructions comprise: acquiring acoustic emission data from the piezoelectric sensor; and detecting that the valve is a passing valve using a trained machine learning model where an input to the trained machine learning model is based on the acoustic emission data”, “wherein the second computer system comprises instructions to: receive the acoustic emission data from the first computer system; extract features from the acoustic emission data; and determine that the valve is a passing valve using a trained machine learning model that receives the extracted features as inputs”, and “wherein the first computer system comprises instructions to: receive signals from the piezoelectric sensor; extract features from the received signals; determine that the valve is a passing valve based on a second trained machine learning model that receives the extracted features as inputs; and transmit output of the second trained machine learning model to the second computer system, wherein the second computer system further comprises instructions to validate the output of the second trained machine learning model based on output of the first trained machine learning model” and these claim limitations do not fall into one of the four statutory categories because they recite products that do not have a physical or tangible form and are information/data. As the courts' definitions of machines, manufactures and compositions of matter indicate, a product must have a physical or tangible form in order to fall within one of these statutory categories. Digitech, 758 F.3d at 1348, 111 USPQ2d at 1719 (MPEP 2106). Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 2, 11, 13, and 15 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. With respect to claims 2, 11, 13, and 15, the claim limitations “acquiring acoustic emission data from the piezoelectric sensor; and detecting that the valve is a passing valve using a trained machine learning model where an input to the trained machine learning model is based on the acoustic emission data”, “determining that the valve is a passing valve is based on the received signals from the piezoelectric sensor and signals from the one or more additional sensors”, “using a trained machine learning model that receives the extracted features as inputs”, and “determining that the valve is a passing valve is based on the received signals from the piezoelectric sensor and signals from the one or more additional sensors” recite method steps of using the claimed apparatus. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph (MPEP 2173.05p). Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 16-17 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Keely et al. U.S. Patent Application Publication 2020/0149655 . With respect to claims 16-17, Keely teaches acquiring, by a computer system, acoustic emission data from a piezoelectric sensor (acoustic data from piezoelectric sensing device 108 coupled to valve, paragraph 24, figure 1); extracting, by the computer system, features from the acoustic emission data (parameters of the detected acoustic emission signal are processed, paragraphs 32-33); and detecting, by the computer system, that the valve is a passing valve using a trained machine learning model where an input to the trained machine learning model comprises the extracted features (a leaking valve is determined from the processed emission signal, paragraphs 35-40) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDDIE KIRKLAND III whose telephone number is (571)272-2232. The examiner can normally be reached 9am-5pm. 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, John Breene can be reached at (571) 272-4107. 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. FREDDIE KIRKLAND III Primary Examiner Art Unit 2855 /Freddie Kirkland III/Primary Examiner, Art Unit 2855 4/8/2026 Application/Control Number: 18/671,583 Page 2 Art Unit: 2855 Application/Control Number: 18/671,583 Page 3 Art Unit: 2855 Application/Control Number: 18/671,583 Page 4 Art Unit: 2855 Application/Control Number: 18/671,583 Page 5 Art Unit: 2855
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