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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. FR2201757, filed on 02/28/2022.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 08/15/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1, 5, and 9 are objected to because of the following informalities:
Claim 1 details “comparing said average flow rate with a preset average flow-rate limit”. As the previous limitation details “calculating an average oxygen consumption flow rate”, the claim limitation should read “comparing the average oxygen consumption flow rate with a preset average flow rate limit” so that the claim limitations use the same terminology and that it is clear and concise that the “said average flow rate” is specifically the “average oxygen consumption flow rate”. Furthermore, the hyphen in “preset average flow-rate limit” should not be present as all other mentions of “flow rate” do not have a hyphen.
Claims 5 and 9 details “calculating, for each calculated average flow rate (Qn, k)…”, which should read “calculating for each calculated average oxygen consumption flow rate (Qn,k)…” for the same reason as given above.
Appropriate correction is required.
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 and 3-12 are rejected under 35 U.S.C. 101. The claimed invention is directed to the abstract concept of performing abstract steps without significantly more. The claim(s) recite(s) the following abstract concepts in BOLD of
1.(Original) A method for control of an oxygen tank (1) for aircraft (10), implemented by a processor (12) onboard the aircraft (10), where the method comprises the following steps:
- measuring (20) periodically a current value (Vna) of an oxygen volume in the tank (1) and saving the current value (Va) in a database;
- calculating (40) an average oxygen consumption flow rate (Qn,k) during an observation period from current values (Va) stored in the database;
- comparing (80) said average flow rate (Qn,k) with a preset average flow-rate limit; - detecting a possible state of active oxygen consumption from the tank (1) during the observation period; and
- reporting (70) a leak in the tank, if the average oxygen consumption flow rate (Qn,k) is over said preset average flow-rate limit and if no active consumption state was detected during the observation period.
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. The above claims are considered to be in a statutory category.
Under Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitation the fall into/recite abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping of subject matter that, when recited as such in a claim limitation, covers performing mathematics or mental steps.
Next, under 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.
This judicial exception is not integrated into a practical application because there is no improvement to another technology or technical field; improvements to the functioning of the computer itself; a particular machine; effecting a transformation or reduction of a particular article to a different state or thing. Examiner notes that since the claimed methods and system are not tied to a particular machine or apparatus, they do not represent an improvement to another technology or technical field. Similarly there are no other meaningful limitations linking the use to a particular technological environment. Finally, there is nothing in the claims that indicates an improvement to the functioning of the computer itself or transform a particular article to a new state.
Finally, under Step 2B, we consider whether the additional elements are sufficient to amount to significantly more than the abstract idea. Claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because a step of periodically measuring a current value of an oxygen volume in a tank and saving the value in a database is considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e. measuring volume) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015). The onboard process of claims 1-2 is interpreted under broadest reasonable interpretation to be a generic computer element. Generic computer elements are not considered significantly more than the abstract idea and do not integrate the abstract idea into a practical application. As recited in the MPEP, 2106.05(b), merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2359-60, 110 USPQ2d 1976, 1984 (2014). See also OIP Techs. v. Amazon.com, 788 F.3d 1359, 1364, 115 USPQ2d 1090, 1093-94. The additional element of Claim 1 of reporting a leak is considered to be an insignificant extra-solution activity because reporting a leak is well understood, routine, and conventional in the art, as evidenced by Stabile (US6244540) in Column 9, Lines 20-35 and Ueki (JP2010175126A) in [0014]-[0018]. Furthermore, the limitation amounts to necessary data gathering and outputting. See Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015)
Claims 3-12 further limit the abstract ideas without integrating the abstract concept into a practical application or including additional limitations that can be considered significantly more than the abstract idea. The additional elements in Claims 2-12 are further iterations on the above detailed additional elements and are evaluated as detailed above.
Claim Rejections - 35 USC § 103
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 1, 3-4, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Stabile (US6244540) in view of Ueki (JP2010175126A).
In regards to Claim 1, Stabile teaches “- measuring (20) periodically a current value (Vna) of an oxygen volume in the tank (1) and saving the current value (Va) in a database (“In FIG. 1 there is shown a basic system in accordance with the invention adapted to monitor the drain of oxygen in a pressurized supply 10 installed on a jet plane. Oxygen drawn from this supply is fed to the interior 11 of the plane only when it flies at high altitudes, at which time it becomes necessary to supply oxygen to the pilot of the plane. Interior 11 therefore represents the cabin (and flight deck) of the jet plane. By way of example, we shall assume that the jet plane is a Falcon 50 having installed therein a single oxygen cylinder having a 76.6 cubic feet capacity. This cylinder, when full, at take-off, contains 2168 liters of oxygen under a pressure of 1850 psi. A typical cylinder-mounted pressure regulator valve for draining gas from the cylinder has an integral shut-off valve as well as an unused port on its high pressure side. Mounted on this port is a pressure transducer 12 which translates the gas pressure to a voltage V1 whose magnitude is proportional thereto. A suitable pressure transducer for this purpose is the model PX 176 Series 0-3000 psi transducer produced by Omega Engineering Inc. which has an analog output in the 1 to 6 volt DC range. Coupled to transducer 12 is an integrated-circuit pressure-to-liters module 13 that converts the voltage yielded by the transducer that depends on the pressure of the supply to a voltage V.about. proportional to the number of liters of oxygen in the supply. The relationship between oxygen pressure and liters of oxygen is based on the formula that 100 cubic feet of oxygen, at a pressure of 1850 psi, equals 2850 liters. The oxygen supply on the plane is in an environment whose temperature varies; hence an increase in temperature produces an increase in the internal supply pressure. In order therefore to provide temperature correction, the temperature of supply 10 is sensed by a probe 14 which in practice may be a thermocouple whose output voltage rises and falls with variations of temperature. The output of probe 10 is applied both to a temperature compensator 15 coupled to the output of pressure transducer 12 and to a temperature compensator 16 coupled to the output of pressure-to-liters module 13. Hence yielded by compensator 15 is a temperature-corrected pressure signal S1, while yielded by compensator 16 is a temperature- corrected liters signal S2” – Column 7 Lines 40-67 and Column 8 Lines 1-15; Figures 5-6 detail tables including oxygen volume [i.e. database storing the information]); and
- reporting (70) a leak in the tank, if no active consumption state was detected during the observation period (“When no oxygen is being consumed, it is then desirable that the system present a static display based on a predetermined projection or forecast which takes into account the number of passengers and crew on board the plane, and an estimated oxygen consumption rate for the particular system. Thus when no oxygen is being consumed, the display is in its "static" mode, while when oxygen is being actually drained from the supply, the system is then in a "dynamic" mode. Alternatively, the system may only have a dynamic mode; for example, indicating oxygen usage when neither the crew nor passengers is using oxygen, as an indication of a leak (e.g, in the manifold, or a faulty regulator for the canister).” – Column 9, Lines 20-35 ).”
Stabile is silent with regards to the language of “- calculating (40) an average consumption flow rate (Qn,k) during an observation period from current values (Va) stored in the database; - comparing (80) said average flow rate (Qn,k) with a preset average flow-rate limit; - detecting a possible state of active consumption from the tank (1) during the observation period; reporting (70) a leak in the tank, if the average consumption flow rate (Qn,k) is over said preset average flow-rate limit.”
Ueki teaches “- calculating (40) an average consumption flow rate (Qn,k) during an observation period from current values (Va) stored in the database (The control device is connected to a flow measurement device 105, which measures the flow rate, and receives the transmission signal to calculate the average flow rate. The system tracks how long the average flow rate remains unchanged, compares the flow rates of the individual devices that make up the average flow rate with the predetermined durations for each flow rate category that are pre-stored in the control device 106, and if the duration exceeds the limit, it determines that it is using abnormally - [0008]; a flow rate storage means for storing the obtained instantaneous flow rate in a time series, an average flow rate calculation means for calculating the average flow rate from the obtained instantaneous flow rate value - [0014]);
- comparing (80) said average flow rate (Qn,k) with a preset average flow-rate limit (The system tracks how long the average flow rate remains unchanged, compares the flow rates of the individual devices that make up the average flow rate with the predetermined durations for each flow rate category that are pre-stored in the control device 106, and if the duration exceeds the limit, it determines that it is using abnormally - [0008]; a leakage flow rate determination means for monitoring whether the average flow rate obtained by the average flow rate calculation means is less than a predetermined flow rate and detecting whether or not it is a leakage flow rate, and the first leakage determination means - [0014]);
- detecting a possible state of active consumption from the tank (1) during the observation period (determines that it is using abnormally - [0008]; The system comprises: a leakage flow rate determination means that monitors and detects whether or not there is a leakage flow rate; a first abnormality determination means that, when the first leakage determination means determines that the flow rate is above a predetermined level, sets a leakage timer and determines whether or not a predetermined time has been reached; a feature storage means that stores the flow rate pattern for each appliance in advance; an appliance estimation means that compares the output signals of the flow rate storage means and the feature storage means to estimate the appliance flow rate; a leakage identification determination means that, when the appliance estimation means determines that there is a leakage, the appliance is not the one being detected… a notification means that displays a warning or shut-off when a leakage is detected by the first abnormality determination means or the leakage identification determination means - [0017]);
reporting (70) a leak in the tank, if the average consumption flow rate (Qn,k) is over said preset average flow-rate limit (when a leak has occurred, a notification is sent – [0014]-[0018])”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Stabile to incorporate the teaching of Ueki to calculate the average flow rate of a gas and compare that average to a preset average to determine that a leak of the gas is occurring. By utilizing the average flow rate of the material and comparing it to a predetermined rate, this is an improvement that yields predictable results in the monitoring of the flow rate of a gas to determine that a leak of said gas is occurring.
In regards to Claim 3, Stabile in view of Ueki discloses the claimed invention as detailed above. Stabile is silent with regards to the language of “- calculating (30) a short-term flow rate (Qn) based on the difference between the current value (Va) and an immediately preceding value (Vn_1); and - recording the short-term flow rate (Qn) in the database; where the step of detecting a possible state of active oxygen consumption from the tank is based on the short-term flow rates (Qn) recorded in the database.”
Ueki further teaches “- calculating (30) a short-term flow rate (Qn) based on the difference between the current value (Va) and an immediately preceding value (Vn_1) (The system tracks how long the average flow rate remains unchanged, compares the flow rates of the individual devices that make up the average flow rate with the predetermined durations for each flow rate category that are pre-stored in the control device 106, and if the duration exceeds the limit, it determines that it is using abnormally - [0008]; a leakage flow rate determination means for monitoring whether the average flow rate obtained by the average flow rate calculation means is less than a predetermined flow rate and detecting whether or not it is a leakage flow rate, and the first leakage determination means - [0014]; The control device's gas appliance memory means pre-stores the expected gas consumption and safe continuous use time for each gas appliance. For example, the flow rate categories and safe continuous use time shown in Table 1 can be stored in memory - [0006]); and - recording the short-term flow rate (Qn) in the database (For example, the flow rate categories and safe continuous use time shown in Table 1 can be stored in memory - [0006]); where the step of detecting a possible state of active oxygen consumption from the tank is based on the short-term flow rates (Qn) recorded in the database (determines that it is using abnormally - [0008]; The system comprises: a leakage flow rate determination means that monitors and detects whether or not there is a leakage flow rate; a first abnormality determination means that, when the first leakage determination means determines that the flow rate is above a predetermined level, sets a leakage timer and determines whether or not a predetermined time has been reached; a feature storage means that stores the flow rate pattern for each appliance in advance; an appliance estimation means that compares the output signals of the flow rate storage means and the feature storage means to estimate the appliance flow rate; a leakage identification determination means that, when the appliance estimation means determines that there is a leakage, the appliance is not the one being detected… a notification means that displays a warning or shut-off when a leakage is detected by the first abnormality determination means or the leakage identification determination means - [0017]).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Stabile to incorporate the teaching of Ueki to calculate the average flow rate of a gas and compare that average to a preset average to determine that a leak of the gas is occurring. By utilizing the average flow rate of the material and comparing it to a predetermined rate, this is an improvement that yields predictable results in the monitoring of the flow rate of a gas to determine that a leak of said gas is occurring.
In regards to Claim 4, Stabile in view of Ueki discloses the claimed invention as detailed above. Stabile is silent with regards to the language of “wherein each value of the short-term flow rate (Qn) is compared to a preset short-term flow-rate limit, and a leak may be reported if the short-term flow-rate value (Qn) exceeds said short-term flow-rate limit.”
Ueki further teaches “wherein each value of the short-term flow rate (Qn) is compared to a preset short-term flow-rate limit, and a leak may be reported if the short-term flow-rate value (Qn) exceeds said short-term flow-rate limit (The system tracks how long the average flow rate remains unchanged, compares the flow rates of the individual devices that make up the average flow rate with the predetermined durations for each flow rate category that are pre-stored in the control device 106, and if the duration exceeds the limit, it determines that it is using abnormally - [0008]; a leakage flow rate determination means for monitoring whether the average flow rate obtained by the average flow rate calculation means is less than a predetermined flow rate and detecting whether or not it is a leakage flow rate, and the first leakage determination means - [0014]; when a leak has occurred, a notification is sent – [0014]-[0018]).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Stabile to incorporate the teaching of Ueki to calculate the average flow rate of a gas and compare that average to a preset average to determine that a leak of the gas is occurring. By utilizing the average flow rate of the material and comparing it to a predetermined rate, this is an improvement that yields predictable results in the monitoring of the flow rate of a gas to determine that a leak of said gas is occurring.
In regards to Claims 7 and 11, Stabile in view of Ueki discloses the claimed invention as detailed above. Stabile further teaches “the preset average flow-rate limit decreases when the length of the observation period increases (For a known quantity of oxygen in the supply, the time remaining until the supply is depleted (hereinafter referred to as "oxygen duration") is computed by dividing the initial quantity of oxygen expressed in liters by its rate of depletion in a unit of time consumption rate in (liters per minute). This computation affords a direct reading of time remaining before the oxygen supply is exhausted. Signal S1 from temperature compensator 15 is applied to a pressure lapse rate module 17. Module 17 periodically samples pressure signal to yield a pressure lapse-rate signal L1. By lapse rate is meant the rate, per unit of time, (one minute) at which the pressure of oxygen in the supply decreases as oxygen is drained from the supply. Obviously the rate of drain is greatest when a given plane is filled to its capacity by passengers. Signal S2 from temperature compensator 16 is applied to a lapse rate module 18 which determines the rate, per unit time, at which liters of oxygen in the supply are being drained therefrom. Module 18 periodically samples this rate to yield a liters lapse rate signal L2. The pressure lapse rate signal L1 and the concurrently produced liters lapse rate signal L2 are applied to the input of a microprocessor 19 in which the signals are digitalized and then processed to provide the following readouts which are displayed in the cockpit or flight deck 20 of the plane so that they can be seen by the pilot and the flight crew. – Column 8, Lines 14-40; As the pressure goes down over time, the volume goes down as well, and thus the flow rate would decrease with the longer the observation period is performed).”
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Stabile in view of Ueki as applied to claims 1 and 3 above, and further in view of Nukei (JP2002156304A).
In regards to Claims 6 and 10, Stabile in view of Ueki discloses the claimed invention as detailed above. Stabile is silent with regards to the language of “a reinitializations step when an active consumption state or filling of the oxygen tank is detected.”
Nukei teaches “a reinitializations step when an active consumption state or filling of the oxygen tank is detected (after leak is determined and addressed, a reset to the initial state is performed [i.e. reinitialization step] – [0040]).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Stabile in view of Ueki to incorporate the teaching of Nukei to reset to the initial state after addressing a leak. By resetting to an initial state this is an improvement that yields predictable results in the monitoring of the flow rate of a gas to determine when a leak is occurring.
Allowable Subject Matter
Claim 2 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 2, Stabile in view of Ueki discloses the claimed invention as detailed above. Stabile in view of Ueki does not teach “after powering down and restoring power to the onboard processor (12), a step of calculation of values of the oxygen volume in the tank (1) that were not measured between powering down and restoring power, using a final measured value before powering down (Va) and a first measured value after restoring power (Vn.).”
Furthermore, the additional limitation of Claim 2 of “after powering down and restoring power to the onboard processor (12), a step of calculation of values of the oxygen volume in the tank (1) that were not measured between powering down and restoring power, using a final measured value before powering down (Va) and a first measured value after restoring power (Vn.)” integrates the judicial exception into a practical application.
Examiner’s Note
Claims 5, 8-9, and 12 are not rejected under a prior art rejection (35 U.S.C. 102 or 35 U.S.C. 103).
In regards to Claims 5 and 9, Stabile in view of Ueki discloses the claimed invention as detailed above. Stabile further teaches “- measuring the temperature (T~) in the tank (1), or in the neighborhood of the tank, simultaneously with each oxygen volume (V~) measurement (20) in the tank (1) (“In FIG. 1 there is shown a basic system in accordance with the invention adapted to monitor the drain of oxygen in a pressurized supply 10 installed on a jet plane. Oxygen drawn from this supply is fed to the interior 11 of the plane only when it flies at high altitudes, at which time it becomes necessary to supply oxygen to the pilot of the plane. Interior 11 therefore represents the cabin (and flight deck) of the jet plane. By way of example, we shall assume that the jet plane is a Falcon 50 having installed therein a single oxygen cylinder having a 76.6 cubic feet capacity. This cylinder, when full, at take-off, contains 2168 liters of oxygen under a pressure of 1850 psi. A typical cylinder-mounted pressure regulator valve for draining gas from the cylinder has an integral shut-off valve as well as an unused port on its high pressure side. Mounted on this port is a pressure transducer 12 which translates the gas pressure to a voltage V1 whose magnitude is proportional thereto. A suitable pressure transducer for this purpose is the model PX 176 Series 0-3000 psi transducer produced by Omega Engineering Inc. which has an analog output in the 1 to 6 volt DC range. Coupled to transducer 12 is an integrated-circuit pressure-to-liters module 13 that converts the voltage yielded by the transducer that depends on the pressure of the supply to a voltage V.about. proportional to the number of liters of oxygen in the supply. The relationship between oxygen pressure and liters of oxygen is based on the formula that 100 cubic feet of oxygen, at a pressure of 1850 psi, equals 2850 liters. The oxygen supply on the plane is in an environment whose temperature varies; hence an increase in temperature produces an increase in the internal supply pressure. In order therefore to provide temperature correction, the temperature of supply 10 is sensed by a probe 14 which in practice may be a thermocouple whose output voltage rises and falls with variations of temperature. The output of probe 10 is applied both to a temperature compensator 15 coupled to the output of pressure transducer 12 and to a temperature compensator 16 coupled to the output of pressure-to-liters module 13. Hence yielded by compensator 15 is a temperature-corrected pressure signal S1, while yielded by compensator 16 is a temperature- corrected liters signal S2” – Column 7 Lines 40-67 and Column 8 Lines 1-15).”
Stabile in view of Ueki is silent with regards to the language of “calculating, for each calculated average flow rate (Qn,k), a variation of the temperature (Tn,k) over the same observation period, and comparison of the temperature (Tn,k) variation to a preset temperature limit; wherein a leak is only reported if the temperature (Tn,k) variation is below the preset temperature limit.”
In regards to Claims 8 and 12, Stabile in view of Ueki discloses the claimed invention as detailed above. Stabile in view of Ueki is silent with regards to the language of “a step of detection of a support force on the wheels of the aircraft (10) and adjustment of the average flow-rate limit, and also, as applicable, of the temperature limit based on the measured support force on the wheels.”
The following prior art, while not utilized in a 35 U.S.C. 102 or 35 U.S.C. 103 rejection, are considered of interest:
Silber (US5159839) teaches an apparatus and method for gauging high pressure gas in the supply of oxygen gas on an aircraft.
Lee (US20220231315) teaches an oxygen supply apparatus for an aircraft.
Conclusion
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/YOSSEF KORANG-BEHESHTI/Primary Examiner, Art Unit 2857
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