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 .
Claims Objections
Claim 1 is objected to because of the following informalities:
The limitation “a degree of an abnormality of the inspection data for each status by using the feature with respect to the inspection data” should read “a degree of an abnormality of the inspection data for the each status by using the feature with respect to the inspection data” in order to provide the appropriate antecedent basis.
Claim 5 is objected to because of the following informalities:
The limitation “wherein the predetermined condition is a condition that the divided time-series data is data where an average change rate at the divided time width is a predetermined value or less” should read “wherein the predetermined condition is [[a]] the condition that the divided time-series data is data where an average change rate at [[the]] divided time width is a predetermined value or less” in order to provide the appropriate antecedent basis.
Claim 7 is objected to because of the following informalities:
The limitation “wherein in calculating the abnormality degree in the abnormality degree arithmetic operation unit, abnormality degree is calculated based on a statistical distance between the reference data and the inspection data” should read “wherein in calculating the abnormality degree in the abnormality degree arithmetic operation unit, the abnormality degree is calculated based on a statistical distance between the reference data and the inspection data” in order to provide the appropriate antecedent basis.
Claim 9 is objected to because of the following informalities:
The limitation “wherein the abnormality degree is measured for every statuses” should read “wherein the abnormality degree is measured for every status” to comply with common grammar rules.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
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. Claims 1-9 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.
Regarding Claim 1: the relation between the “reference data” and the “inspection data” is unclear. It is unclear what part of the time-series data is used as the “reference data”, and what part is used as the “inspection data”. It is unclear how “reference data” and “selection data” were chosen, what is the criterion”. Examiner interpreted the “reference data” and the “inspection data” as data obtained during different times of the operation of the device, say when the motor is “idle” or “working normally”.
The limitation of “a feature (a basic static quantity)” is unclear. It is unclear what the feature is, and how it related to “a basic static quantity”. Examiner interpreted the “feature” as vibration frequency of the device operation, and “a basic static quantity” interpreted as basic statistical values such as average, maximum, or minimum.
Claims 2-9 depend from the rejected Claim 1 and therefore are also rejected.
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 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite an abstract idea as discussed below. This abstract idea is not integrated into a practical application for the reasons discussed below. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception for the reasons discussed below.
Under Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the
four statutory categories of patentable subject matter identified by 35 U.S.C. 101: process, machine, manufacture, or composition of matter. Applied to the present application, the claims belong to one of the statutory classes of a product.
Step 2A of the 2019 Guidance is divided into two Prongs. Prong 1 requires the
examiner to determine if the claims recite an abstract idea, and further requires that
the abstract idea belongs to one of three enumerated groupings: mathematical
concepts, mental processes, and certain methods of organizing human activity.
Independent Claim 1 is copied below, with the limitations belonging to an
abstract idea highlighted in bold; the remaining limitations are ''additional elements''.
A device diagnosis system comprising:
a threshold value arithmetic operation unit that uses a portion of time-series data measured during an operation of a device as reference data, and sets a plurality of threshold values with respect to the reference data;
a data division unit that divides the time-series data that match conditions based on the plurality of threshold values as statuses of respective ranges;
a feature arithmetic operation unit that calculates a feature (a basic static quantity) thereof from the time-series data in each status; and
an abnormality degree arithmetic operation unit that uses another portion of the time-series data measured during the operation of the device as inspection data, and that analyzes and calculates an abnormality degree which is a degree of an abnormality of the inspection data for each status by using the feature with respect to the inspection data.
Under Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the bold portion constitutes an abstract idea because, under a broadest reasonable interpretation in light of the specification, it recites limitations that fall into/recite an abstract idea exception. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations), certain methods of organizing human activity, and mental processes (concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion).
For example, the steps highlighted in bold are treated by the Examiner as belonging to mathematical concept grouping.
Prong 2 of Step 2A of the 2019 Guidance requires the examiner to determine if the claims recite additional elements or a combination of additional elements which integrate the abstract idea into a practical application. This requires additional elements in the claim to apply, rely on, or use the abstract idea in a manner that imposes a meaningful limit on the abstract idea, such that the claim is more than a drafting effort designed to monopolize the abstract idea.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
In Claim 1, the additional elements (see non highlighted text) are not qualified for a meaningful limitation because they generally link the use of the judicial exception to a particular technological environment or field of use, implement an abstract idea on a computer or merely use a computer as a tool to perform an abstract idea, and add insignificant extra solution activity to the judicial exception. In addition, a threshold value arithmetic operation unit, a feature arithmetic operation unit, a data division unit, a feature arithmetic operation unit, and an abnormality degree arithmetic operation unit (all parts of a generic computer) are generally recited and do not qualify as a particular machine.
Similar limitations (“a portion of time-series data measured during an operation of a device as reference data” and “another portion of the time- series data measured during the operation of the device as inspection data”) are also generally recited and/or add extra-solution activities to the judicial exception.
The preamble of Claim 1: “A device diagnosis system comprising” is a generically recited preamble.
In conclusion, the above additional elements, when considered individually and in combination with the other claim elements, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
Under Step 2B, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they are generically recited and are well-understood/conventional in a relevant art as evidenced by the prior art of record (Step 2B analysis).
Step 2B of the 2019 Guidance requires the examiner to determine whether the additional elements cause the claim to amount to significantly more than the abstract idea itself. The considerations for this particular claim are essentially the same as the considerations for Prong 2 of Step 2A, and the same analysis leads to the conclusion that the claim does not amount to significantly more than the abstract idea.
Essentially, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis) because they are well-understood and conventional in the relevant art of US20220334030 to Yoshinaga (hereinafter Yoshinaga) and US20210097438 to Matsumoto et al. (hereinafter Matsumoto).
Therefore, claim 1 is rejected under 35 U.S.C. 101 as directed to an abstract idea without significantly more. The independent claim, therefore, is not patent eligible.
With regards to the dependent claims, claims 2-14 and 17-19 provide additional features/steps which are part of an expanded algorithm, so these limitations should be considered part of an expanded abstract idea of the independent claims (Step 2A, Prong One), recite no additional elements reflecting a practical application (Step2A, Prong Two), and fail a “significantly more” test under the step 2B for the same reasons as discussed with regards to the independent claims.
The dependent claims are, therefore, also ineligible.
Allowable Subject Matter
The following is an examiner’s statement of reasons for the indication of allowable subject matter.
Claim 1 includes the allowable subject matter. If the 101 issues are resolved, Claim 1, and dependent claims 2-9 would be allowable if rewritten or amended to overcome the rejection under 35 USC 101, set forth in this Office Action.
In regards to independent Claim 1, the teachings of Yoshinaga, Matsumoto, Sekine, Marvasti, Nakamura, and Jones combined show all the elements of the claim except “calculates a feature (a basic static quantity) thereof from the time-series data in each status; and an abnormality degree arithmetic operation unit that uses another portion of the time-series data measured during the operation of the device as inspection data, and that analyzes and calculates an abnormality degree which is a degree of an abnormality of the inspection data for each status by using the feature with respect to the inspection data”, in combination with the rest of the claim’s limitations as claimed and defined by the applicant.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20220334030 to Yoshinaga (hereinafter Yoshinaga) discloses time series data processing method.
US20210097438 to Matsumoto et al. (hereinafter Matsumoto) discloses anomaly detection device, anomaly detection method, and anomaly detection program.
US20190005433 to Sekine (hereinafter Sekine) discloses information processing apparatus, information processing system, information processing method and non-transitory computer readable recording medium.
US20160321553 to Marvasti et al. (hereinafter Marvasti) discloses methods and systems that estimate a degree of abnormality of a complex system.
US20230109103 to Nakamura (hereinafter Nakamura) discloses abnormality detection device and abnormality detection method.
US20150006972A1 to Jones (hereinafter Jones) discloses method for detecting anomalies in a time series data with trajectory and stochastic components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lyudmila Zaykova-Feldman whose telephone number is (469)295-9269. The examiner can normally be reached 8:30am - 5:30pm, Monday through Friday.
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/LYUDMILA ZAYKOVA-FELDMAN/Examiner, Art Unit 2857
/LINA CORDERO/Primary Examiner, Art Unit 2857
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