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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 05/08/2024. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections – 35 USC § 112(a)
The following is a quotation of the paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first Paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claims 1 and 5, “the monitor is configured to determine a torque curve in the on-load tap changer on the basis of a torque curve on the motor-drive unit and the acoustic signal from the sensor” in claim 1 and “converting the torque curve of the motor-drive unit into a torque curve of the on-load tap changer” in claim 5 lack the written description requirement because the supporting disclosure does not clearly present structure, material, or acts to the claimed function of determining the torque curve in the on-load tap changer based on (i) the torque curve on the motor-drive unit and (ii) the acoustic signal from the sensor. Examiner notes that paragraph [0021] describes that a torque sensor measures a torque curve of the motor 42 and transmit the measured torque curve to the monitoring unit 14, and paragraph [0022] describes that monitoring unit 11 is designed to evaluate and/or acquire the acoustic signals from the sensor 6 (“to determine or detect the torque directly on the motor 42 during a switching operation, i.e. over time. A torque sensor arranged directly on the output shaft of the motor 42 or directly at the beginning of the drive shaft train 43 can be used for this. At the beginning of the drive shaft train 43 means that the torque sensor is arranged on a shaft that leaves or enters the housing 41 of the motor-drive unit 4. The sensor would transmit the measured torque curve to a monitoring unit (also referred to herein as a monitor) 11. It is irrelevant whether the sensor is arranged inside or outside the housing 41.… The torque determination can also take place using the measured data of the motor 42 in conjunction with an applicable motor model. For this purpose, a current, a voltage and a phase angle of the motor 42 are measured or acquired by a central monitoring unit 11 during the switching operation. The data in a motor model are then converted into torque values in the monitoring unit 11 and a torque curve is thus generated. Other data that can be included in the calculation are the temperature of the motor 42 or the temperature near the motor 42. The monitoring unit 11 is designed in such a way that it could both measure a torque curve directly and calculate it indirectly from the data provided. … The central monitoring unit 11 is designed to evaluate and/or acquire the acoustic signals. … the motor-drive unit 4 and the sensor 6 are equipped with appropriate means that acquire and process the respective raw data of the signals”) (Emphasis added).
Further, paragraphs 0019 and 0029 present “the torque curve of the motor-drive unit is converted into a torque curve of the on-load tap changer by means of a linear function … The torque determination can also take place using the measured data of the motor 42 in conjunction with an applicable motor model … The data in a motor model are then converted into torque values in the monitoring unit 11 and a torque curve is thus generated” and “Finally, the torque curve of the motor 42 is then converted into the torque curve of the on-load tap changer 2 by means of a linear function. The torque curve of the motor-drive unit 4 can also be converted into that of the on-load tap changer 2 in some other way”.
It fails to disclose a specific structure or feature as to using two types of data (i.e., (i) the torque curve on the motor-drive unit and (ii) the acoustic signal from the sensor) to thereby determine the torque curve in the on-load tap changer. Rather, the specification presents that the feature of “determining the torque curve in the on-load tap changer” is performed using just one type data (i.e., (i) the torque curve on the motor-drive unit) without (ii) the acoustic signal from the sensor, where the torque curve of the motor-drive unit is converted into a torque curve of the on-load tap changer by means of a linear function. Furthermore, note that the description of “the torque curve of the motor-drive unit is converted into a torque curve of the on-load tap changer by means of a linear function” in paragraphs 0019 and 0029 does not sufficiently support “the monitor is configured to determine a torque curve in the on-load tap changer on the basis of a torque curve on the motor-drive unit and the acoustic signal from the sensor” and “converting the torque curve of the motor-drive unit into a torque curve of the on-load tap changer”, because there are no specific descriptions about, for example, what the linear function is, how the linear function is associated with the converting process for determine the torque curve in the on-load tap changer, and/or if the linear function is well-known in related art.
Therefore, paragraphs 0021-0022, 0019 and 0029, and other disclosure in the specification fail to support the claim limitation of “the monitor is configured to determine a torque curve in the on-load tap changer on the basis of a torque curve on the motor-drive unit and the acoustic signal from the sensor” in claim 1 and “converting the torque curve of the motor-drive unit into a torque curve of the on-load tap changer” in claim 5 such a way to describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention at the time of filing. (MPEP § 2161.01).
Claims 2-11 are also rejected by virtue of each dependency on claim 1.
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.
The current 35 USC 101 analysis is based on the current guidance (Federal Register vol. 79, No. 241. pp. 74618-74633). The analysis follows several steps. Step 1 determines whether the claim belongs to a valid statutory class. Step 2A prong 1 identifies whether an abstract idea is claimed. Step 2A prong 2 determines whether any abstract idea is integrated into a practical application. If the abstract idea is integrated into a practical application the claim is patent eligible under 35 USC 101. Last, step 2B determines whether the claims contain something significantly more than the abstract idea. In most cases the existence of a practical application predicates the existence of an additional element that is significantly more.
The 35 USC 101 analysis between each element of claims and its combination is presented in the table below
Claim number and elements
Judicial exception (Step 2A Prong one)
Practical application (Step 2A Prong two)/ Significantly more (Step 2B)
Claim 1
Step 1: Yes, statutory class
Step 2A Prong two: No / Step 2B: No
A device for monitoring an on-load tap changer, the device comprising:
a motor-drive unit;
a monitor; and
a sensor configured to acquire an acoustic signal,
Step2A Prong one: Yes
“a motor-drive unit”, “a monitor”, and “a sensor” are a high-level of generality.
“acquire an acoustic signal” is an insignificant extra-solution activity to merely collect routine data.
wherein the monitor is configured to determine a torque curve in the on-load tap changer on the basis of a torque curve on the motor-drive unit and the acoustic signal from the sensor.
abstract idea
math process
“determine a torque curve in the on-load tap changer …” is a math or mental process.
Claims 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-11 are directed to an abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception as addressed below and presented in the above table.
Step 2A: Prong One
Regarding Claim 1, the limitations recited in Claim 1, as drafted, are processes that, under its broadest reasonable interpretation, cover performance of the limitation in the mathematical calculations and/or the mind, as presented in the above table. Nothing in the claim elements precludes the step from practically being performed in the mind and/or the mathematical calculations. For example, “the monitor is configured to determine a torque curve in the on-load tap changer on the basis of a torque curve on the motor-drive unit and the acoustic signal from the sensor” in the context of this claim may encompass mathematically calculate the torque curve in the on-load tap changer based on the collected sensor data and the converted torque data, where the converting process is indicative of a mathematical calculation (see at least paragraphs 0016, 0019, 0021-0022 and 0029).
Step 2A: Prong Two
This judicial exception is abstract ideal itself and not integrated into a practical application. In particular, the specification details use of a computing unit to perform mathematical calculations of “determine a torque curve in the on-load tap changer on the basis of a torque curve on the motor-drive unit and the acoustic signal from the sensor”. The motor-drive unit”, the monitor, and the sensor are recited at high-level of generalities to merely perform a generic computer function related to data processing/mathematical calculation itself of a generic computer component, and to gather routine data (i.e., the acoustic signal). The limitation of “acquire an acoustic signal” is an insignificant extra-solution activity necessary merely recited to collect routine data (i.e., the acoustic signal). See MPEP 2106.05(g). There is no showing of integration into a practical application such as an improvement to the functioning of a computer, or to any other technology or technical field, or use of a particular machine.
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The limitation of “acquire an acoustic signal” is an insignificant extra-solution activity necessary merely recited to collect routine data (i.e., the acoustic signal) to be used for performing the abstract idea. See MPEP 2106.05(g). As discussed above, with respect to integration of the abstract idea into a practical application, using the computing unit to perform “the monitor is configured to determine a torque curve in the on-load tap changer on the basis of a torque curve on the motor-drive unit and the acoustic signal from the sensor” amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept cannot provide statutory eligibility. Claim 1 is not patent eligible.
Regarding Claims 2-11, the limitations are further directed to an abstract idea, as described in claim 1. The limitation of “a torque sensor configured to determine torque” in the context of claim 2 is an insignificant extra-solution activity to merely measure torque to thereby collect routine data (i.e., sensed data) to be used to perform abstract idea, where the toque sensor is a high level of generality. The limitation of “determine torque on the motor-drive unit on the basis of measured data on a motor of the motor-drive unit” in claim 3 may encompass mathematically calculating the torque on the motor-drive unit based on the collected/measured data (see at least paragraphs 0016, 0019, 0021-0022 and 0029). The tap changer head and the transformer housing in claim 4 are a high level of generality. The limitation of “using an acoustic signal to determine a time range for which a diverter switch action takes place during a switching operation; translating the time range into a torque curve of a motor-drive unit; determining an instant for the diverter switch action in the time range of the torque curve; using the instant for the diverter switch action to set reference points in the torque curve of the motor-drive unit; and converting the torque curve of the motor-drive unit into a torque curve of the on-load tap changer” in claim 5 and “generating an envelope from the acoustic signal; and comparing the envelope of the acoustic signal with a reference envelope, wherein: the reference envelope represents the diverter switch the time range in which the diverter switch action takes place is determined by comparing the envelope of the acoustic signal and the reference envelope” in claim 6 may encompass mathematical calculations related to mathematically calculate the torque curve in the on-load tap changer based on the collected sensor data and the converted torque data (see at least paragraphs 0016, 0019, 0021-0022 and 0029). The limitation of “a spring energy store is unlatched during the diverter switch action” in claim 8 is an insignificant extra-solution activity to perform a general function of the spring energy store to collect routine data and/or perform abstract idea, where the spring energy store is a high level of generality. The limitations in claims 7 and 9-11 may encompass mathematical calculations related to mathematically calculate the torque curve in the on-load tap changer based on the collected sensor data and the converted torque data (see at least paragraphs 0016, 0019, 0021-0022 and 0029). For the reasons described above with respect to claim 2-11, the judicial exceptions are not meaningfully integrated into a practical application, or amount to significantly more than the abstract idea.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dohnal et al. (US 6529858 B1) teaches controlling a step switch, where, from the measured values of current, voltage and phase angle at an electric drive motor during actuation of the step switch the individual picked-up active output is calculated, where from the active output the corresponding torque at the drive motor is calculated, the torque in the step switch which is crucial for controlling is determined on the basis of the torque by using a specifically calculated transfer function, and the transfer function is newly determined every time the switch is actuated, with the values of the preceding switch operation or the preceding switch operations being taken as a basis of the new calculation.
Conclusion
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/BYUNG RO LEE/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858
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