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 .
Claim Objections
Claim 10 is objected to because of the following informalities: The claim states, “an index sensor” and this appears as a typo since the limitation ought to read as “the index sensor” per the Applicant’s claimed invention. 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 1-17 are are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Analysis of claim 1:
STEP 1: Does claim 1 fall within one of the statutory categories? Yes. The claim is directed toward a process which falls within one of the statutory categories.
STEP 2A (PRONG 1): Is the claim directed to a law of nature, a natural phenomenon or an abstract idea? Yes, the claim is directed to an abstract idea.
Claim 1. A process for monitoring the operation of a device to be monitored comprising the following steps:
- providing a virtual simulator programmed or otherwise configured for simulating, through a supervised learning artificial intelligence algorithm, the operation of the real device to be monitored at least under nominal conditions;
- providing one or more input sensors, each being configured for detecting a plurality of input physical quantities of the device to be monitored and one or more index sensors, each being configured for detecting one or more index physical quantities of the device to be monitored;
- determining a simulated value of the index physical quantities by the virtual simulator based on the plurality of input physical quantities detected by the one or more input sensors; and
- comparing said simulated value of the index physical quantities with the value of the index physical quantities detected by the one or more index sensors.
The limitations highlighted in claim 1 above are a mental process that can be practicably performed in the human mind and/or mathematical concepts and, therefore, an abstract idea. The limitations of claim 1 highlighted above merely consist of providing supervised learning AI algorithm for determining a value based on inputs and comparing the simulated results to the actual results. A supervised learning AI algorithm merely involves mathematical operations to input data in order to produce a result. Here the result is a simulated results of the monitored machine based on the sensor input values. The comparison of the simulated values to the sensor values can be done mentally (a person can look at the simulated results to the real output results and determine the difference) and/or mathematical operations (determining a difference between numbers is a basic mathematical operation. Thus, the claim recites an abstract idea.
STEP 2A (PRONG 2): Does the claim recite additional elements that integrate the judicial exception into a practical application? No, the claim does not recite additional elements that integrate the judicial exception into a practical application.
A process for monitoring the operation of a device to be monitored comprising the following steps:
- providing a virtual simulator programmed or otherwise configured for simulating, through a supervised learning artificial intelligence algorithm, the operation of the real device to be monitored at least under nominal conditions;
- providing one or more input sensors, each being configured for detecting a plurality of input physical quantities of the device to be monitored and one or more index sensors, each being configured for detecting one or more index physical quantities of the device to be monitored;
- determining a simulated value of the index physical quantities by the virtual simulator based on the plurality of input physical quantities detected by the one or more input sensors; and
- comparing said simulated value of the index physical quantities with the value of the index physical quantities detected by the one or more index sensors.
Claim 1 does not recite any of the exemplary considerations that are indicative of an abstract idea having been integrated into a practical application. The providing of sensors to detect data step is recited at a high level of generality (i.e. as a general means of obtaining data from using sensor) and amounts to mere data gathering, which is a form of insignificant extra solution activity. Still further, the sensors themselves are acting in their ordinary capacity and is at best, the equivalent of adding the words “apply it” to the claim.
Moreover, the virtual simulator I recited at a high level of generality and is not tied to a particular architecture, training, or technical implementation and as such is merely a generic computer component. As such, claim 1 is not integrated into practical application.
STEP 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception? No, the claim does not recite additional elements that amount to significantly more than the judicial exception.
As explained with respect to Step 2A Prong Two, there are two additional elements. As explained previously, the detecting is mere data gathering, and the use of generic sensors to gather data about a machine is merely well understood, routine and conventional activity for sensors. Further, the use of a generic computer component (see above) to process data is well-understood, routine and conventional activity for monitoring devices. MPEP 2106.05(d)
CONCLUSION
Thus, since claim 1 is: (a) directed toward an abstract idea, (b) does not recite additional elements that integrate the judicial exception into a practical application, and (c) does not recite additional elements that amount to significantly more than the judicial exception, it is clear that claim 1 is directed towards non-statutory subject matter.
Analysis of claim 13:
Claim 13 is commensurate in scope to claim 1, with claim 1 being drawn to a process and claim 13 being drawn to a corresponding system and as such is rejected using a similar analysis as applied to claim 1 above
Analysis of claims 2-16 and 18-19:
Dependent claims 2-12 and 14-17 further limit the abstract idea without integrating the abstract idea into practical application or adding significantly more. Rather, the limitations of dependent claims 2-12 and 14-17 include limitations that are directed toward additional aspects of the judicial exceptions and/or are well-understood, routine and conventional additional elements that do not integrate the abstract idea into practical application.
As such, claims 1-17 are rejected under 35 USC 101 as being drawn to an abstract idea without significantly more, and thus are ineligible.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Furem et al, US-20110231169-A1 (herein, Furem) and in view of Hodel et al., US-20200362889-A1 (herein, Hodel).
Regarding Claim 1, Furem discloses, a process for monitoring the operation of a device to be monitored (100, 100') (FIG. 1 and ¶[0166] – “FIG. 1 is a block diagram of an exemplary embodiment of a machine data management system 1000. Machine data management system 1000 can comprise a machine 1100. In certain exemplary embodiments, machine 1100 can be a mining shovel such as an electric mining shovel, blast hole drill, truck, locomotive, automobile, front end loader,…”) comprising the following steps:
- providing a virtual simulator programmed or otherwise configured for simulating, through a supervised learning artificial intelligence algorithm, the operation of the real device to be monitored at least under nominal conditions (¶[0208] – “…the machine can comprise utilizing a pattern classification and/or recognition algorithm such as a decision tree,..”);
- determining a simulated value (VUNi) of the index physical quantities by the virtual simulator based on the plurality of input physical quantities (VIN) detected by the one or more input sensors (¶[0201] – “ At activity 3300, a metric can be determined. The metric can be a statistical metric related to least one of the machine system variables. The metric can be, for example, a mean, average, mode, maximum, minimum, standard deviation, variance, control chart range, statistical analysis of variance parameter, statistical hypothesis testing value, and/or a deviation from a standard value, etc; and
; and
- comparing said simulated value of the index physical quantities (VUNj) with the value of the index physical quantities (VURi) detected by the one or more index sensors (¶[0186] – “At activity 2600, data can be compared to a standard. The standard can be a predetermined value, limit, data point, and/or pattern of data related to the machine. Comparing data to a standard can, for example, determine a past, present, or impending mechanical failure; electrical failure; operator error; operator performance; and/or supervisor performance, etc….”).
Furem discloses,
- providing one or more input sensors, each being configured for detecting a plurality of input physical quantities (VIN) of the device to be monitored (¶[0167] – “Machine 1100 can comprise a plurality of sensors 1120, 1130, 1140. Any of sensors 1120, 1130, 1140 can measure, for example: time, pressure, temperature, flow, mass, heat, flux, light, sound, humidity, proximity, position, velocity, acceleration, vibration, voltage, current, capacitance, resistance, inductance, and/or electro-magnetic radiation, etc.,…”) but does not disclose, and one or more index sensors, each being configured for detecting one or more index physical quantities (VURi) of the device to be monitored;
Furem discloses the device but does not disclose,
one or more index sensors, each being configured for detecting one or more index physical quantities of the device to be monitored.
However, Hodel teaches,
- one or more index sensors, each being configured for detecting one or more index physical quantities of the device to be monitored (100, 100'); (¶[0024] – “…The channel data 216 can include measurements and other data provided by physical and/or virtual sensors about the state of the machine 100 during execution of test events defined by a parameter grid, and/or during regular operation of the machine 100…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring system as disclosed by Furem to include the sensors and the detection of the physical quantities as taught by Furem. Doing so, enhances the monitoring system by providing the capability of sensors and detecting the physical quantities that provide additional values. With these additional values, the system is provided with the capability to compare values and thus provide a comprehensive evaluation of the machine.
Regarding Claim 2, modified Furem further discloses, comprising the step of evaluating whether the device to be monitored operates or not under nominal conditions based on comparing A) the one or more index physical quantities determined by the virtual simulator with B) the corresponding one or more index physical quantities detected by the one or more index sensors (Claim 6 – “The method of claim 1, further comprising automatically comparing at least one value from the plurality of values to a predetermined standard.”).
Regarding Claim 3, modified Furem further discloses, wherein the virtual simulator (200) comprises a neural network (¶[0208] – “…neural networks…”).
Regarding Claim 4, modified Furem further discloses, wherein the step of comparing the value of one or more index physical quantities simulated by the virtual simulator with the value of such physical quantity detected by the one or more index sensors comprises in turn the following steps:
S.1) determining a difference between the simulated index physical quantity and the physical quantity directly measured by the corresponding one or more index sensors (¶[0113] – “…., a value, such as Zero, representing a machine in an off state can be binary if an on State is solely represented by a different single value.”);
S.2) determining an absolute value of such difference, referred to as residual error in the present disclosure (¶[0125] – “…predetermined standard—a value and/or range
established in advance.; and
S.3) evaluating a condition of anomalous operation based on said residual error (¶[0184] – “…in order to find, correct, and/or report errors in at least one data…”).
Regarding Claim 5, modified Furem further discloses, wherein step S.3) comprises the step of evaluating a condition of nominal or non-nominal operation based on the first, second or higher-order derivative of the residual error with respect to the time (¶[0196] – “…a feature adapted to allow the minimum and/or maxi mum to be reset and/or changed. For example, the minimum and/or maximum can be changed as a result of experience and/or a change in design and/or operation of the machine. The minimum and/or maximum can be changed by,…”).
Regarding Claim 6, modified Furem further discloses, comprising the step of determining the time frequency of the non- nominal operation episodes (¶[0118] – “…,production time period length, operator rest break length, Scheduled production time or the machine, a cycle time, and/or a material weight, etc.”).
Regarding Claim 7, modified Furem further discloses, comprising the step of determining and/or verifying a trend over time of a residual error (FIG. 6 and ¶[202] – “At activity 3400, the server and/or information device can determine a trend related to at least one of the machine system variables. The trend can be relative to time and/or another machine system variable. Determining the trend can provide information adapted to improve machine design, improve machine operation, improve performance of a machine operating entity, improve performance of a machine dispatching entity, improve machine maintenance, and/or reduce machine downtime, etc.”).
Regarding Claim 11, modified Furem discloses, wherein the device to be monitored is selected from the following list group consisting of: a milling machine for digging diaphragm walls in a soil, a drilling machine for piles or other foundations, and an operating machine (FIG. 1 and 0166] – “…Machine data management system 1000 can comprise a machine 1100. In certain exemplary embodiments, machine 1100 can be a mining shovel Such as an electric mining shovel, blast hole drill, truck, locomotive, automobile, front end loader, bucket wheel excavator, pump, fan, compressor, and/or industrial process machine, etc. Machine 1100 can be powered by one or more diesel engines, gasoline engines, and/or electric motors, etc.”).
Regarding Claim 12, modified Furem discloses, wherein said value of the index physical quantities (VURS) detected by the one or more index sensors at least before being compared with said simulated value of the index physical quantities (VUN) is not provided as entering the virtual simulator or otherwise processed by said simulator (Para 0182 - At activity 2800, data can be queried. The data related to the machine can be parsed and or extracted from a memory device. The data can be compared to a predetermined threshold and/or pattern. The data can be summarized and/or reported Subsequent to the query. Querying the data can allow the wirelessly receiving user to manipulate and/or analyze the data related to the machine. In certain exemplary embodiments the data can be queried using a Machine Search Lan gauge engine. (0190. Certain exemplary embodiments.
Regarding Claim 13, Furem discloses, a monitoring system for monitoring the operation of a device to be monitored (FIG. 1 and ¶[0166] – “FIG. 1 is a block diagram of an exemplary embodiment of a machine data management system 1000. Machine data management system 1000 can comprise a machine 1100. In certain exemplary embodiments, machine 1100 can be a mining shovel such as an electric mining shovel, blast hole drill, truck, locomotive, automobile, front end loader,…”) comprising:
- a virtual simulator programmed or otherwise configured for simulating the operation of the device to be monitored real at least under nominal conditions by a supervised learning artificial intelligence algorithm (¶[0208] – “…the machine can comprise utilizing a pattern classification and/or recognition algorithm such as a decision tree, Bayesian network, neural network, Gaussian process, independent component analysis, self-organized map, and/or support vector machine, etc….”);
- one or more input sensors, each being configured for detecting a plurality of input physical quantities of the device to be monitored (¶[0167] – “Machine 1100 can comprise a plurality of sensors 1120, 1130, 1140. Any of sensors 1120, 1130, 1140 can measure, for example: time, pressure, temperature, flow, mass, heat, flux, light, sound, humidity, proximity, position, velocity, acceleration, vibration, voltage, current, capacitance, resistance, inductance, and/or electro-magnetic radiation, etc.,…”);
the system being programmed or otherwise arranged for:
- determining a simulated value of the index physical quantities by the virtual simulator based on the plurality of input physical quantities detected by the one or more input sensors (¶[0201] – “ At activity 3300, a metric can be determined. The metric can be a statistical metric related to least one of the machine system variables. The metric can be, for example, a mean, average, mode, maximum, minimum, standard deviation, variance, control chart range, statistical analysis of variance parameter, statistical hypothesis testing value, and/or a deviation from a standard value, etc; and
- comparing said simulated value of the index physical quantities with the value of the index physical quantities detected by the one or more index sensors(¶[0186] – “At activity 2600, data can be compared to a standard. The standard can be a predetermined value, limit, data point, and/or pattern of data related to the machine. Comparing data to a standard can, for example, determine a past, present, or impending mechanical failure; electrical failure; operator error; operator performance; and/or supervisor performance, etc….”).
Furem discloses he deceive but does not disclose,
- one or more index sensors, each being configured for detecting one or more index physical quantities of the device to be monitored.
However, Hodel teaches,
- one or more index sensors, each being configured for detecting one or more index physical quantities of the device to be monitored; (¶[0024] – “…The channel data 216 can include measurements and other data provided by physical and/or virtual sensors about the state of the machine 100 during execution of test events defined by a parameter grid, and/or during regular operation of the machine 100…”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring system as disclosed by Furem to include the sensors and the detection of the physical quantities as taught by Hodel. Doing so, enhances the monitoring system by providing the capability of sensors and detecting the physical quantities that provide additional values. With these additional values, the system is provided with the capability to compare values and thus provide a comprehensive evaluation of the machine.
Regarding Claim 14, modified Furem further discloses, the system according to
comprising a logic unit programmed or otherwise configured for carrying out the virtual simulator (Para 0083 – “…and/or a programmable logic device Such as a PLD, PLA, FPGA, or PAL…”).
Regarding Claim 15, modified Furem further discloses, the device to be monitored (Para 0190 – “…Certain exemplary embodiments can monitor the machine while the machine is operating. Machine analysis functions can evaluate events associated with the machine....”).
Regarding Claim 16, modified Furem further discloses, a computer program comprising a computer programming code (Para 0083 – “, a programmed microprocessor or microcontroller and/or peripheral integrated circuit elements, …”) and configured for implementing a process according to claim 1 performing at least the following steps:
- carrying out a virtual simulator programmed or otherwise configured for simulating the operation of the device to be monitored real at least under nominal conditions by a supervised learning artificial intelligence algorithm (para 0212 – “The pattern recognition algorithm can be adapted to recognize patterns in the frequency spectrum to predict an impend ing machine component failure…”);
- determining a simulated value of the index physical quantities by the virtual simulator based on the plurality of input physical quantities detected by the one or more input sensors (para 0195 – “…for example, readings from line gauges, power gauges, line strip charts, power strip charts, and/or temperature sensors related to an electrical component such as a transformer, etc. The rendering can comprise mechanical information Such as, for example, readings from temperature sensors…); and
- comparing said simulated value of the index physical quantities with the value of the index physical quantities detected by the one or more index sensors (para 0205 – “…a lubrication system pressure and/or use can be compared to predetermined settings. If the lubrication system is down or not performing properly, an operational and/or maintenance entity can be notified. Tracking and/or comparing lubrication system characteristics can be useful in predicting and/or preventing failures associated with inadequate lubrication. 0206. As a further example, machine..”).
Regarding Claim 17, modified Furem further discloses, a monitored system, comprising a monitoring system according to claim 14 and the device to be monitored (Abstract).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Furem et al, US-20110231169-A1 (herein, Furem) in view of Hodel et al., US-20200362889-A1 (herein, Hodel), and in further view of Breed et al., US 20030009270 A1 (herein, Breed).
Regarding Claims 8 and 9, modified Furem further discloses, wherein the input physical quantities of said plurality are selected from the following list group consisting of:
- an internal or external temperature or internal or external pressure of a component of the device to be monitored (100, 100') (FIG. 9 is an exemplary user interface showing a graphical rendering of gauges displaying temperatures related to a mining shovel crowd;”)
- a resisting torque or force counteracting the driving force of a motor, pump or other rotary or linear actuator of the device to be monitored (100,100') (¶[0172] – “Any of sensors 1120, 1130, 1140, and/or information device 1160 can be communicatively coupled to a wireless transmitter and/or transceiver 1150. Wireless transceiver 1150 can be adapted to communicate data related to machine 1100 to a second wireless receiver and/or transceiver 1200. Data related to machine 1100 can comprise electrical measurements and/or variables Such as Voltages, currents, resistances, and/or inductances, etc.; mechanical measurements and/or variables such as torques, shaft speeds, and/or accelerations, etc.; temperature measurements and/or variables Such as from a motor, bearing, and/or transformer, etc.; pressure measurements and/or variables such as air and/or lubrication pressures; production data and/or variables (e.g. weight and/or load related data) Such as dipper load, truck load, last truck load, shift total weight; and/or time measurements; motion control measurements and/or variables Such as, for certain movable machine components, power, torque, speed, and/or rotor currents, etc.”);
- a rotation speed or linear actuation speed of a motor, pump or other rotary or linear actuator of the device to be monitored (100, 100') (¶[0172]);
- an operating or inactivity time of a component of the device to be monitored (100, 100');
- the depth at which a digging tool of the device to be monitored is located (¶[0172]);
- the temperature of the environment outside the device to be monitored (¶[0172]);
- the temperature, pressure, flow rate or flowing speed, degree of contamination, degree of ageing, of deterioration or quality of the oil or other fluid of a hydraulic circuit of the device to be monitored (¶[0172];
- a pressure, flow rate or flow speed or temperature at or near an inlet and/or outlet or rather delivery port of a pump, rotary or linear motor or other rotary or linear actuator of the device to be monitored (¶[0172]);
- the weight of a digging tool forming part of the device to be monitored and configured for milling or otherwise digging a ground (¶[0127] – “…information indicative of a measure relating to an activity involving operation of a machine. For example, bucket load weight,…”);
- one or more signals inputted to an electrical sensor of the device to be monitored (100, 100') or outputted from said sensor (¶[0162] – “…wireless—any means to transmit a signal that does not require the use of a wire connecting a transmitter and a receiver, Such as radio waves, electromagnetic signals at any frequency, lasers, microwaves, etc., but excluding purely visual signaling, such as semaphore, Smoke signals, sign language, etc.”); and
- an alarm signal or other signal emitted by an electronic control unit forming part of the device to be monitored (100, 100') (¶[0224] – “graphical rendering can be saved for analytical purposes. Maximum and/or minimum thresholds can be set for purposes of generating alarms and/or flagging data. The graphical rendering be rendered approximately in real-time.”).
Modified Furem discloses a device to be monitored but does not disclose,
- an inclination with respect to the vertical axis or to a horizontal direction or plane of a component of the device to be monitored or of the device to be monitored as a whole.
However, Breed teaches,
- an inclination with respect to the vertical axis or to a horizontal direction or plane of a component of the device to be monitored or of the device to be monitored as a whole (¶[0536} – “There are many applications for which knowledge of the pitch and/or roll orientation of a vehicle or other object is desired. An accurate tilt sensor can be constructed using SAW devices. Such a sensor is illustrated in FIG. 30A and designated 350. This sensor 350 utilizes a substantially planar and rectangular mass 351 and four supporting SAW devices 352 …”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring system as disclosed by modified Furem to include the respective axis of the monitored device taught by Breed. Doing so, enhances the monitoring system by providing the capability of detecting the device’s inclination and this provides the operator with the necessary so as to prevent the device from tipping over to its side.
Regarding Claim 10, modified Furem further discloses, wherein an input sensor does not operates operate, at least in the same instant or measurement interval (¶[0113] – “…representing a machine in an off state can be binary if an on State is solely represented by a different single value.”), also as an index sensor (See above Claim Objection).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS G DEL VALLE whose telephone number is (303)297-4313. The examiner can normally be reached Monday-Friday, 0730 - 1630 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Antonucci can be reached at (313) 446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUIS G DEL VALLE/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
