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 .
Response to Amendment
Receipt is acknowledged of the Preliminary Amendment filed on May 9, 2026. Accordingly, claim 3 is cancelled; claims 1, 2, 4-22 and newly added claims 23 and 24 are currently pending in the application.
Election/Restrictions
Applicant's election with traverse of Species (C) in the reply filed on May 9, 2026 is acknowledged. The traversal is on the ground(s) that Applicants particularly pointed out fundamental flaws in the USPTO’s policy regarding election of species, and provided an example (at the beginning of page 8) which is irrelevant to the claimed species. This is not found persuasive because Applicants fail to point out the reasons why the different species are neither independent nor distinct. As clearly discussed in the Requirement for Restriction/Election, Species (A) is the species of example of a method for determining a condition of the electrical device based on a measured difference between the first value and the second value, that is, this species must use a comparison or difference circuit (emphasis added). On the other hand, Species (C) is the species of example of a method for determining a condition of the electrical device in a response to a result of an analyzed parameter using a receiver and/or a Low Noise Amplifier (emphasis added). It is clear that these species are independent or distinct because claims to the different species recite mutually exclusive characteristics as set forth above. In addition, these species are not obvious variants of each other based on the current record. In addition, these species are not obvious variants of each other based on the current record.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1 and 2 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species (A), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on May 9, 2026.
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)(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.
Claims 4-11, 13-19 and 22 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Brant et al. (US 2018/0313877 A1).
Brant et al. teaches a system and method for detecting aging or degradation in electrical and/or electronic devices comprising:
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With regard to claim 13, a method comprises steps of: analyzing a signature parameter (unintended and/or intended RF energy components) of an emission of an electromagnetic energy in a radio frequency (RF) spectrum (FIGS. 11A and 11B) from an electrical device (FIG. 3 in view of FIG. 1, DUT 320) being exposed to an irradiation and energized with a combination of a power signal (waveform emitted as power) and a clock signal (FIG. 5, clock signal from Clock/Clock Dist 570); and determining a condition (degree of device aging, degradation, condition, and/or Remaining Useful Life (RUL)) of the electrical device (FIG. 3 in view of FIG. 1, DUT 320) in a response to analyzed signature parameter (unintended and/or intended RF energy components) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 4, analyzing the signature parameter (unintended and/or intended RF energy components) comprises energizing the electrical device (FIG. 3 in view of FIG. 1, DUT 320) and analyzing non-linear products (non-linear mixing products) arising from operation of the electrical device (FIG. 3 in view of FIG. 1, DUT 320) (Paragraph: [0251]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 5, analyzing the signature parameter (unintended and/or intended RF energy components) comprises energizing the electrical device (FIG. 3 in view of FIG. 1, DUT 320) and determining a presence of an unintended amplitude modulation in a waveform (FIG. 10; and paragraphs: [0138]-[0141]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 6, analyzing the signature parameter (unintended and/or intended RF energy components) comprises energizing the electrical device (FIG. 3 in view of FIG. 1, DUT 320) and determining a presence of an unintended frequency modulation in a waveform (FIG. 10; and paragraphs: [0138]-[0141]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 7, analyzing the signature parameter (unintended and/or intended RF energy components) comprises energizing the electrical device (FIG. 3 in view of FIG. 1, DUT 320) and measuring changes in cross modulated frequencies (FIG. 10; and paragraphs: [0138]-[0141], [0288] and [0322]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 8, analyzing the signature parameter (unintended and/or intended RF energy components) comprises energizing the electrical device (FIG. 3 in view of FIG. 1, DUT 320) and determining a presence of evenly spaced peaks in a waveform (FIG. 10; and paragraphs: [0217], [0243], [0293] and [0490]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 9, analyzing the signature parameter (unintended and/or intended RF energy components) comprises performing a harmonic analysis on a waveform (FIGS. 10, 11A and 11B; and paragraphs: [0142]-[0147], [0217], [0243], [0293] and [0490]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 10, analyzing the signature parameter (unintended and/or intended RF energy components) comprises performing a non-harmonic analysis on a waveform (FIGS. 10, 11A and 11B; and paragraphs: [0282], [0432] and [0433]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 11, analyzing a plurality of emissions and determining a drift (minute alterations, presence of the anomaly manifests in the emission signature in at least one of alteration of signature elements when compared with an associated exemplary device, scoring of the degree of degradation, and/or degree of anomaly, standard deviations from normal operation) in the signature parameter (unintended and/or intended RF energy components) (FIGS. 7-11; and paragraphs: [0208]-[0221], [0227] -[0232], and [0248]-[0251]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 14, energizing the electrical device (FIG. 3 in view of FIG. 1, DUT 320) in a test fixture with a combination of a power signal (waveform emitted as power) and a clock signal (FIG. 5, clock signal from Clock/Clock Dist 570) prior to analyzing the signature parameter (unintended and/or intended RF energy components) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 15, analyzing the signature parameter (unintended and/or intended RF energy components) comprises using a receiver (FIG. 5, receiver 502) designed with a sensitivity of about −170 dBm (Paragraphs: [0230] and [0274]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 16, analyzing the signature parameter (unintended and/or intended RF energy components) comprises using a Low Noise Amplifier (LNA) (FIG. 5, LNA 508) with a noise figure of under 2 dB (Paragraphs: [0265], [0274] and [0332]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 17, analyzing the signature parameter (unintended and/or intended RF energy components) comprises setting a resolution bandwidth of at least 0.1 Hz (“[A]ppropriate frequency resolution may be used”) (Paragraph: [0317]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 18, analyzing the signature parameter (unintended and/or intended RF energy components) comprises executing, with a signal processing unit, a curve fit algorithm (Paragraphs: [0212], [0239], [0282]-[0284] and [0410]-[0416]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 19, determining the condition (degree of device aging, degradation, condition, and/or Remaining Useful Life (RUL)) comprises determining a remaining useful life (RUL) under extrapolated irradiation levels (Paragraphs: [0223]-[0225] and [0332]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
With regard to claim 22, determining the condition (degree of device aging, degradation, condition, and/or Remaining Useful Life (RUL)) comprises generating a probability density function (PDF) (probability distribution over time) (Paragraph: [0491]) (For more details, please read: Abstract; and paragraphs: [0212], [0217], [0221], [0230]-[0241], [0247], [0252]-[0256], [0259]-[0270], [0274]-[0276], [0437] and [0468]; and claims 1-15).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 12, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Brant et al.
Brant et al. teaches all that is claimed as discussed in the rejections of claims 4-11, 13-19 and 22 above including determining a remaining useful life (RUL) reported as a probability distribution over time, and/or is reported as a single value (Paragraph: [0491]), but it does not specifically teach the following features:
Using an equation as recited in claim 12.
Using a kernel estimator.
Using a Bayes' theorem.
It is noted that
With regard to claim 12, it is noted that the equation is obtained by the probability calculation determined by using a modified Bayes’ equation expressing uncertainty in function coefficients and measurement values. Thus, no inventive step can be acknowledged for such an equation. The recitation of equations within a claim requires the terms to be defined if they are to be given patentable weight and some dedicated claim language that indicates how the claimed equation is to be treated in the applicant's invention (sometimes true, always obeyed, seldom fulfilled, etc.). No new matter should be introduced. For examination purposes, the equations are not given patentable weight.
With regard to claim 20, a kernel estimator is well-known to one having ordinary skill in the art as a nonparametric statistical method that estimates an unknown function or probability distribution based on a finite set of data points. Instead of assuming a specific mathematical formula, it “smooths” the data by placing a “kernel” (a symmetrical weighting function, such as a bell curve) over every individual data point.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method for detecting aging or degradation in electrical and/or electronic devices of Brant et al. to use a kernel estimator since such an arrangement is beneficial for both creating smooth continuous distribution curves to interpret raw datasets visually and learning the underlying distribution of a dataset in order to generate new synthetic data points that mirror the original patterns.
With regard to claim 21, a Bayes’ theorem is well-known to one having ordinary skill in the art as a fundamental mathematical rule used to calculate the probability of an event based on prior knowledge and new evidence. It allows to “flip” conditional probabilities and enables to find the likelihood of a cause given its observed effect.
Therefore, it would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention to modify the system and method for detecting aging or degradation in electrical and/or electronic devices of Brant et al. to use Bayes’ theorem to determine a remaining useful life (RUL) since such an arrangement is beneficial for preventing users from ignoring baseline rates when new evidence arises.
Allowable Subject Matter
Claims 23 and 24 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants’ attention is invited to the followings whose inventions disclose similar devices.
Xiao (CN 107483123 A) teaches a method and a system for testing a wireless device radio frequency emitting module static parameters.
Qu (CN 104914383 A) teaches a cell battery health condition detecting module and system with detection module.
Mikhail et al. (CA 3072017 A1) teaches a sensors implantable into a patient’s body.
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOAI-AN D. NGUYEN whose telephone number is (571) 272-2170. The examiner can normally be reached MON-THURS (7:00 AM - 5:00 PM).
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, LEE E. RODAK can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOAI-AN D. NGUYEN
Primary Examiner
Art Unit 2858
/HOAI-AN D. NGUYEN/ Primary Examiner, Art Unit 2858
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