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 .
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 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.
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.
4. Claim 1-11 is 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.
5. Claim 1 is directed to “(b) a feature quantity extraction step of extracting a plurality of feature
quantities including at least a first feature quantity that is an average value of a quantity of charge in a first time period and a second feature quantity that is an average value of a quantity of charge in a second time period; and (c) an estimation step of estimating the partial discharge factor based on the plurality of feature quantities”, which are mathematical-calculations/mental-steps that could also be performed by a general purpose processor. The additional elements “A method for estimating a partial discharge factor of a power semiconductor module that estimates the partial discharge factor during a partial discharge test for the power semiconductor module, the method comprising: (a) a measurement step of applying, to the power semiconductor module, a test voltage pattern in which a voltage pattern changes, and measuring a quantity of charge that is due to partial discharge of the power semiconductor module” are merely insignificant extra-solution activity that include but is not limited to data acquisition and/or that is simply the result of the mathematical-calculations, which both simply include routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
Dependent claim 1 is Ineligible due to the following analysis:
5.1. Step 1 (Statutory Category): claim 1 is directed to a method for estimating a partial discharge factor of a power semiconductor module, therefore, it is directed to a statutory category, i.e., a machine or process (Step 1: YES).
5.2.1. Step 2A, Prong-1 (the claim is evaluated to determine whether it is directed to a judicial-exception/abstract-idea): claim 1 recites: “(b) a feature quantity extraction step of extracting a plurality of feature quantities including at least a first feature quantity that is an average value of a quantity of charge in a first time period and a second feature quantity that is an average value of a quantity of charge in a second time period; and (c) an estimation step of estimating the partial discharge factor based on the plurality of feature quantities”, which are mathematical-calculations/mental-steps. Therefore, it is directed to a judicial-exception/abstract-idea (Step 2A, Prong-1: YES).
5.2.2. Step 2A, Prong-2 (the claim is evaluated to determine whether the judicial-exception/abstract-idea is integrated into a Practical Application): claim 1 does not claim a particular machine, and do not claim any transformation of a particular article to a different state. Furthermore, it does not provide any particular context, thus, do not belong to a particular technological environment, industry or field of use. Consequently, the claimed judicial-exception/abstract-idea above are/is not integrated into a practical application and/or apply, rely on, or use to an additional element or elements in a manner that imposes a meaningful limit on the mathematical-calculations/mental-steps, thus, monopolizing the mathematical-calculations/mental-steps in a variety of technologies including but not limited to all different industries related to detecting the status of insulations and power distribution, etc. (Step 2A, Prong-2: NO. There is no integration of said judicial-exception/abstract-idea into a practical application. The claim is just linking said judicial-exception/abstract-idea to the technological field relative to a method for estimating a partial discharge factor of a power semiconductor module that estimates the partial discharge factor).
5.3. Step 2B (the claim is evaluated to determine whether recites additional elements that amount to an inventive concept, or also, the additional elements are significantly more than the recited the judicial-exception/abstract-idea): claim 1 recites the additional element(s) “A method for estimating a partial discharge factor of a power semiconductor module that estimates the partial discharge factor during a partial discharge test for the power semiconductor module, the method comprising: (a) a measurement step of applying, to the power semiconductor module, a test voltage pattern in which a voltage pattern changes, and measuring a quantity of charge that is due to partial discharge of the power semiconductor module”, which are/is simply routine and conventional activities that falls into a well-understood, routine, conventional activity and using well-understood, routine, conventional structure previously known, which includes but not limited to a microprocessor(s), sensors, and/or acquiring data that are insignificant extra solution activity (see the prior art made of record below and on the IDS and the prior art references used in the International Written Opinion dated 06 April 2023 for application PCT/JP2022/041486, which was submitted via IDS). Therefore, the claim does not include additional element(s) significantly more, or, does not amount to more than the judicial-exception/abstract-idea itself and the claim is not patent eligible (Step 2B: NO).
6. Claim 2 depends on claim 1, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 2 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 2 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
7. Claim 3 depends on claim 2 that depends on claim 1, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 3 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 3 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
7. Claim 4 depends on claim 2 that depends on claim 1, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 4 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 4 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
6. Claim 5 depends on claim 1, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 5 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 5 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
7. Claim 6 depends on claim 5 that depends on claim 1, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 6 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 6 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
7. Claim 7 depends on claim 6 that depends on claim 5 that depends on claim 1, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 7 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 7 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
5. Claim 8 is directed to “a feature quantity calculation unit that extracts a plurality of feature quantities including at least a first feature quantity that is an average value of a quantity of charge in a first time period and a second first feature quantity that is an average value of a quantity of charge in a second time period; and a factor classification unit that estimates the partial discharge factor based on the plurality of feature quantities extracted by the feature quantity calculation unit”, which are mathematical-calculations/mental-steps that could also be performed by a general purpose processor. The additional elements “A device for estimating the partial discharge factor of the power semiconductor module that estimates the partial discharge factor during a partial discharge test for the power semiconductor module, the device comprising: a voltage applying unit that applies, to the power semiconductor module, a test voltage pattern in which a test voltage changes; a current measurement unit that measures a quantity of charge that is due to partial discharge of the power semiconductor module” are merely insignificant extra-solution activity that include but is not limited to data acquisition and/or that is simply the result of the mathematical-calculations, which both simply include routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
Dependent claim 8 is Ineligible due to the following analysis:
5.1. Step 1 (Statutory Category): claim 8 is directed to a device for estimating a partial discharge factor of a power semiconductor module, therefore, it is directed to a statutory category, i.e., a machine (Step 1: YES).
5.2.1. Step 2A, Prong-1 (the claim is evaluated to determine whether it is directed to a judicial-exception/abstract-idea): claim 8 recites: “a feature quantity calculation unit that extracts a plurality of feature quantities including at least a first feature quantity that is an average value of a quantity of charge in a first time period and a second first feature quantity that is an average value of a quantity of charge in a second time period; and a factor classification unit that estimates the partial discharge factor based on the plurality of feature quantities extracted by the feature quantity calculation unit”, which are mathematical-calculations/mental-steps. Therefore, it is directed to a judicial-exception/abstract-idea (Step 2A, Prong-1: YES).
5.2.2. Step 2A, Prong-2 (the claim is evaluated to determine whether the judicial-exception/abstract-idea is integrated into a Practical Application): claim 1 does not claim a particular machine, and do not claim any transformation of a particular article to a different state. Furthermore, it does not provide any particular context, thus, do not belong to a particular technological environment, industry or field of use. Consequently, the claimed judicial-exception/abstract-idea above are/is not integrated into a practical application and/or apply, rely on, or use to an additional element or elements in a manner that imposes a meaningful limit on the mathematical-calculations/mental-steps, thus, monopolizing the mathematical-calculations/mental-steps in a variety of technologies including but not limited to all different industries related to detecting the status of insulations and power distribution, etc. (Step 2A, Prong-2: NO. There is no integration of said judicial-exception/abstract-idea into a practical application. The claim is just linking said judicial-exception/abstract-idea to the technological field relative to a method for estimating a partial discharge factor of a power semiconductor module that estimates the partial discharge factor).
5.3. Step 2B (the claim is evaluated to determine whether recites additional elements that amount to an inventive concept, or also, the additional elements are significantly more than the recited the judicial-exception/abstract-idea): claim 8 recites the additional element(s) “A method for estimating a partial discharge factor of a power semiconductor module that estimates the partial discharge factor during a partial discharge test for the power semiconductor module, the method comprising: (a) a measurement step of applying, to the power semiconductor module, a test voltage pattern in which a voltage pattern changes, and measuring a quantity of charge that is due to partial discharge of the power semiconductor module”, which are/is simply routine and conventional activities that falls into a well-understood, routine, conventional activity and using well-understood, routine, conventional structure previously known, which includes but not limited to a microprocessor(s), sensors, and/or acquiring data that are insignificant extra solution activity (see the prior art made of record below and on the IDS and the prior art references used in the International Written Opinion dated 06 April 2023 for application PCT/JP2022/041486, which was submitted via IDS). Therefore, the claim does not include additional element(s) significantly more, or, does not amount to more than the judicial-exception/abstract-idea itself and the claim is not patent eligible (Step 2B: NO).
7. Claim 9 depends on claim 8, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 9 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 9 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
7. Claim 10 depends on claim 9 that depends on claim 8, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 6 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 6 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
7. Claim 11 depends on claim 10 that depends on 9 that depends on claim 8, therefore, it has the same abstract idea with the same routine and conventional structure described above in said claim(s).
In addition, claim 11 is further recites the element(s), which are/is simply more calculations/mental-steps, value numbers, extra solution activity(s), routine and/or conventional structure(s) previously known to the pertinent industry.
Furthermore, claim 11 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because these/this limitation(s) are/is simply involve routine and conventional structures previously known to the pertinent industry that serve to generate the data to be processed by implementing the idea on a computer, and/or recitation of generic computer structure and also serve to perform generic computer functions that are well-understood routine, and conventional activities previously known to the pertinent industry.
23. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) Klapper (Pub. No.: US 2011/0204899) teaches “a ” method and devices for calibrating a partial discharge measuring device and for locating faults on cables. (Abstract).
b) HANAWA (Pub. No.: US 2016/0282403) teaches “A partial discharge measurement method includes: a moving step of moving an insulated wire including an insulating layer on a surface of the insulated wir” (Abstract).
c) Gregory (Pub. No.: US 2003/0151412) teaches “A partial discharge detection test link (20) and system detect partial discharge of a power cable at a power cable accessory (6). The power cable accessory includes a first accessory component and a second accessory component connected to each other” (Abstract).
d) YAMADA (Pub. No.: US 2021/0231747) teaches that “An object of the present invention is to propose a partial discharge determination device and method that can highly reliably determine the degree of progress of partial discharge occurring in an underground power transmission cable without tpreparing plural standard patterns” (Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVARO E. FORTICH whose telephone number is (571) 272-0944. The examiner can normally be reached on Monday thru Friday from 8:30am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Huy Phan, can be reached on (571)272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVARO E FORTICH/Primary Examiner, Art Unit 2858