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 .
Specification
The disclosure is objected to because of the following informalities: Applicant is required to insert the Patent No. 12,247,296 into the specification.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 13 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claims 6, 13, and 20, it has been held that the recitation that an element is "capable of" performing a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138, 33 CCPA 879 (1946). MPEP 706.03(c). <The determination that is needed to be made here is whether the element by itself as disclosed in the specification is capable of performing the function without any adaptation or not. If it does then the term "capable of" is given weight>.
Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. (The following are examples of language that may raise a question as to the limiting effect of the language in a claim: (a) statements of intended use or field of use, (b) "adapted to" or "adapted for" clauses, (c) "wherein" clauses, or (d) "whereby" clauses. This list of examples is not intended to be exhaustive.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,347,296. Although the claims at issue are not identical, they are not patentably distinct from each other because both patent and application having similar limitations of monitoring multiple streams of input data from a network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility; analyzing, by a server computer, the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors; and determining, from the sound signatures, an operation status in the area of the industrial plant facility, wherein the sound signatures originate from the microsound collectors positioned in the area.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The Double-Patenting is shown belows:
Patent No. 12,347,296
Present Invention 19/180,694
1. A computer-implemented method to manage an industrial plant facility, the method comprising:
monitoring multiple streams of input data from a network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility;
analyzing, by a server computer, the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors, comprising:
training a model configured to predict an operation status in the area of the industrial plant facility based on the sound signatures from the plurality of microsound collectors; and
determining, from the sound signatures, the operation status in the area of the industrial plant facility, wherein the sound signatures originate from the plurality of microsound collectors positioned in the area, comprising:
applying the model to sound signatures received from microsound collectors different from the plurality of microsound collector involved in training the model.
1. A computer-implemented method to manage an industrial plant facility, the method comprising:
monitoring multiple streams of input data from a network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility;
analyzing, by a server computer, the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors; and
determining, from the sound signatures, an operation status in the area of the industrial plant facility, wherein the sound signatures originate from the microsound collectors positioned in the area.
2. The computer-implemented method of claim 1, further comprising: transmitting recordings obtained by the plurality of microsound collectors to the server computer.
2. The computer-implemented method of claim 1, further comprising: transmitting recordings obtained by the plurality of microsound collectors to the server computer.
3. The computer-implemented method of claim 2, wherein said analyzing comprises: analyzing respective spectra of the recordings from the plurality of microsound collectors.
3. The computer-implemented method of claim 2, wherein said analyzing comprises: analyzing respective spectra of the recordings from the plurality of microsound collectors.
4. The computer-implemented method of claim 3, wherein said analyzing further comprises: comparing the respective spectra from microsound collectors positioned at distinct locations at the industrial plant facility.
4. The computer-implemented method of claim 3, wherein said analyzing further comprises: comparing the respective spectra from microsound collectors positioned at distinct locations at the industrial plant facility.
5. The computer-implemented method of claim 3, wherein said analyzing further comprises: analyzing at least one harmonic component in each of the respective spectra.
5. The computer-implemented method of claim 3, wherein said analyzing further comprises: analyzing at least one harmonic component in each of the respective spectra.
6. The computer-implemented method of claim 1, wherein the model accounts for at least one harmonic component in the sound signatures.
6.The computer-implemented method of claim 1, wherein said analyzing further comprises: training a model capable of predicting the operation status based on the sound signatures from the plurality of microsound collectors, wherein the model accounts for at least one harmonic component in the sound signatures.
7. A computer system comprising:
a network of sensors comprising a plurality of microsound collectors located at an industrial plant facility;
a processor; and
at least one memory,
wherein at least one memory comprises software instructions that, when executed by the processor, cause the processor to perform operations to manage an industrial plant facility, the operations comprising:
monitoring multiple streams of input data from the network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility;
analyzing, by a server computer, the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors, comprising:
training a model configured to predict an operation status based on the sound signatures from the plurality of microsound collectors, wherein the model accounts for at least one harmonic component in the sound signatures; and
determining, from the sound signatures, an operation status in the area of the industrial plant facility, wherein the sound signatures originate from the microsound collectors positioned in the area, comprising:
applying the model to sound signatures received from microsound collectors different from the plurality of microsound collector involved in training the model.
8. A computer system comprising:
a network of sensors comprising a plurality of microsound collectors located at an industrial plant facility;
a processor; and
at least one memory, wherein at least one memory comprises software instructions that, when executed by the processor, cause the processor to perform operations to manage an industrial plant facility, the operations comprising:
monitoring multiple streams of input data from a network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility;
analyzing, by a server computer, the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors; and
determining, from the sound signatures, an operation status in the area of the industrial plant facility, wherein the sound signatures originate from the microsound collectors positioned in the area.
8. The computer system of claim 7, the operations further comprising: transmitting recordings obtained by the plurality of microsound collectors to the server computer.
9. The computer system of claim 8, the operations further comprising: transmitting recordings obtained by the plurality of microsound collectors to the server computer.
9. The computer system of claim 8, wherein said analyzing comprises: analyzing respective spectra of the recordings from the plurality of microsound collectors.
10. The computer system of claim 9, wherein said analyzing comprises: analyzing respective spectra of the recordings from the plurality of microsound collectors.
10. The computer system of claim 9, wherein said analyzing further comprises: comparing the respective spectra from microsound collectors positioned at distinct locations at the industrial plant facility.
11. The computer system of claim 10, wherein said analyzing further comprises:
comparing the respective spectra from microsound collectors positioned at distinct locations at the industrial plant facility.
11. The computer system of claim 9, wherein said analyzing further comprises: analyzing at least one harmonic component in each of the respective spectra.
12. The computer system of claim 10, wherein said analyzing further comprises:
analyzing at least one harmonic component in each of the respective spectra.
12. The computer system of claim 7, wherein the model accounts for at least one harmonic component in the sound signatures.
13. The computer system of claim 8, wherein said analyzing further comprises:
training a model capable of predicting the operation status based on the sound signatures from the plurality of microsound collectors, wherein the model accounts for at least one harmonic component in the sound signatures.
13. A non-volatile computer readable medium comprising software instructions, which, when executed by a computer processor, cause the computer processor to perform operations to manage an industrial plant facility, the operations comprising:
monitoring multiple streams of input data from a network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility;
analyzing, by a server computer, the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors, comprising:
training a model configured to predict an operation status in the area of the industrial plant facility based on the sound signatures from the plurality of microsound collectors; and
determining, from the sound signatures, the operation status in the area of the industrial plant facility, wherein the sound signatures originate from the microsound collectors positioned in the area, comprising:
applying the model to sound signatures received from microsound collectors different from the plurality of microsound collector involved in training the model.
15. A non-volatile computer readable medium comprising software instructions, which, when executed by a computer processor, cause the computer processor to perform operations to manage an industrial plant facility, the operations comprising:
monitoring multiple streams of input data from a network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility;
analyzing, by a server computer, the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors; and
determining, from the sound signatures, an operation status in the area of the industrial plant facility, wherein the sound signatures originate from the microsound collectors positioned in the area.
14. The non-volatile computer readable medium of claim 13, the operations further comprising: transmitting recordings obtained by the plurality of microsound collectors to the server computer.
15. The non-volatile computer readable medium of claim 14, wherein said analyzing comprises: analyzing respective spectra of the recordings from the plurality of microsound collectors.
17. The non-volatile computer readable medium of claim 16, wherein said analyzing comprises: analyzing respective spectra of the recordings from the plurality of microsound collectors.
16. The non-volatile computer readable medium of claim 15, wherein said analyzing further comprises: comparing the respective spectra from microsound collectors positioned at distinct locations at the industrial plant facility.
18. The non-volatile computer readable medium of claim 17, wherein said analyzing further comprises: comparing the respective spectra from microsound collectors positioned at distinct locations at the industrial plant facility.
17. The non-volatile computer readable medium of claim 15, wherein said analyzing further comprises: analyzing at least one harmonic component in each of the respective spectra.
19.The non-volatile computer readable medium of claim 17, wherein said analyzing further comprises: analyzing at least one harmonic component in each of the respective spectra.
18. The non-volatile computer readable medium of claim 13, wherein the model accounts for at least one harmonic component of the sound signatures.
20.The non-volatile computer readable medium of claim 15, wherein said analyzing further comprises: training a model capable of predicting the operation status based on the sound signatures from the plurality of microsound collectors, wherein the model accounts for at least one harmonic component of the sound signatures, wherein said determining further comprises: applying the model to sound signatures received from microsound collectors different from the plurality of microsound collectors involved in training the model.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-5, 8-12 and 15-19 is/are rejected under 35 U.S.C. 1029(a)(10 as being anticipated by Zhang et al. (CN 201721389148).
As per claim 8, Zhang et al. disclose a computer system (10, figures 1-s) comprising:
a network of sensors (a plurality of sensors (14, 15) comprising a plurality of microsound collectors (acoustic sensors) located at an industrial plant facility (industrial machine, 12);
a processor (22); and
at least one memory (20),
wherein at least one memory comprises software instructions that, when executed by the processor, cause the processor to perform operations to manage an industrial plant facility, the operations comprising:
monitoring multiple streams of input data from a network of sensors at the industrial plant facility, wherein the network of sensors includes a plurality of microsound collectors positioned in an area of the industrial plant facility (figures 1-2);
analyzing, by a server computer (service platform, 24), the input data, wherein the input data comprise sound signatures captured by the plurality of microsound collectors; and
determining, from the sound signatures (noise characteristics), an operation status in the area of the industrial plant facility, wherein the sound signatures originate from the microsound collectors positioned in the area (see abstract and description of figures 1-2).
As per claim 9, Zhang et al. disclose the operations further comprising: transmitting recordings obtained by the plurality of microsound collectors to the server computer (see description of figures 1-2).
As per claim 10, Zhang et al. disclose said analyzing comprises: analyzing respective spectra (spectral characteristics) of the recordings from the plurality of microsound collectors.
As per claim 11, Zhang et al. disclose said analyzing further comprises:
comparing the respective spectra from microsound collectors positioned at distinct
locations at the industrial plant facility (read solutions 9 and 15 and description of figure 4).
As per claim 12, Zhang et al. disclose said analyzing further comprises:
analyzing at least one harmonic component (frequency spectrum) in each of the respective spectra (see solution 13).
As per claims 1-5 and 15-19, refer to claims 8-12 above.
Allowable Subject Matter
Claims 6-7, 13-14, and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAI T. NGUYEN whose telephone number is (571)272-2961. The examiner can normally be reached Mon-Fri: 9am-6pm.
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, Quan-Zhen Wang can be reached at 571-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TAI T NGUYEN/Primary Examiner, Art Unit 2685 July 15, 2026
Prosecution Insights