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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/17/2025, 07/24/2025, 12/12/2025, and 03/31/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
Specification
The abstract of the disclosure is objected to because the abstract is beyond the allowable 150-word limit. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1 and 8 are objected to because of the following informalities: both claims 1 and 8 recite the limitation “an identification signal for controlling the vehicle” while there is no antecedent basis for the vehicle upon first recitation. 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 therefore, subject to the conditions
and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of a mathematical concept without significantly more. The claims recite “A method for producing a state recognition device which is configured to output an identification signal… the identification signal identifying whether a state of a vehicle or a state of part of the vehicle is a predetermined state or a state other than the predetermined state, … the output signal of the … or the predetermined signal being a continuous vibration signal that vibrates at least in a steady state where at least the driving environment and the driving state of the vehicle stay unchanged, and the method comprising: a unit space calculation step of calculating a unit space, which functions as a reference for identifying whether the state of the vehicle or the state of part of the vehicle is the predetermined state or the state other than the predetermined state,
by means of a Mahalanobis-Taguchi, MT, method, based on sets of data per unit period of a continuous vibration signal in which a signal disturbance is occurring, which are less susceptible to a variation including both increase and decrease and are obtained in an identification period, the identification period being as long as or longer than a half of one cycle
when a cycle of vibration of the continuous vibration signal is undisturbed and is arranged so that one driving cycle includes plural identification periods, the data of the continuous vibration signal being data when the signal disturbance, which is at least one of a change of the center of vibration, a change of amplitude of vibration, or disturbance of the cycle of vibration, is occurring in the continuous vibration signal due to a change of at least one of the driving environment or the driving state of the vehicle; and a Mahalanobis' distance output unit generation step of generating, based on the calculated unit space, a Mahalanobis' distance output unit which is included in the state recognition device and is configured to output a Mahalanobis' distance, on which a characteristic amount regarding a change of the continuous vibration signal in which the signal disturbance is occurring is reflected” and “the Mahalanobis' distance output unit generation step, the Mahalanobis' distance output unit is produced without using a signal level, in which a signal indicates a physical state quantity of a target system” and “wherein, in the unit space calculation step, a single unit space is calculated” and “in the unit space calculation step, in the identification period the unit space is calculated by using the MT method based on the data per unit period of the continuous vibration signal in which the signal disturbance occurs and data of a signal output from at least one different sensor mounted on the vehicle” and “wherein, in the unit space calculation step, the unit space is calculated by using the MT method based on either data of the continuous vibration signal when the state of the vehicle or the state of part of the vehicle is the predetermined state or data of the continuous vibration signal when the state of the vehicle or the state of part of the vehicle is the state other than the predetermined state” and “and in the unit space calculation step, the unit space is calculated, by using the MT method, as a reference for identifying whether the catalyst is normal or deteriorated” and “and in the unit space calculation step, the unit space is calculated, by using the MT method, as a reference for identifying whether a misfire occurs in the engine or the engine runs without a misfire” which calculates an operation of a vehicle state such as an engine or catalyst based on a calculated mathematic relationship.
Step 1: This claim is directed to a method and recognition device for determining a disturbance in a vehicle based on the detected Mahalonobis vibration states and disturbances.
Step 2A, Prong One:
The limitations of taking gathering data from a vehicle, applying a calculation to gather modified data without controlling the vehicle based on this information is a process that, under its broadest reasonable interpretation, covers performance of mathematic relationships without any inventive concepts. That is, other than reciting “either an output signal of a sensor mounted on the vehicle whose driving environment and driving state vary” or “, the vehicle includes an engine and a catalyst configured to purify exhaust gas exhausted from the engine” or “, wherein, the vehicle includes an engine” nothing in the claim element precludes the step from relating to a purely mathematical concept with physical elements that relate to sources of data or the detection of an error beyond the predetermined range. For example, the Mahalanobis output unit is used to calculate vibrations in the vehicle, engine, or catalyst to determine differences beyond the predetermined range, without controlling the vehicle. If a claim limitation, under its broadest reasonable interpretation, covers and abstract idea of using mathematical equations for determining aspects of the vehicle, then it falls within the “Mathematical concepts” grouping of abstract ideas. Accordingly, these claims recite an abstract idea.
Step 2A, Prong Two:
This judicial exception is not integrated into a practical application because the claims recite additional elements: “output an identification signal for controlling the vehicle, for providing a notification to a user, or for collecting data regarding the vehicle,” which is recited at a high level of generality (i.e. as a general means of applying an output from a calculation device), and amounts to mere “apply it” which is a form of insignificant extra-solution activity. Additionally, the elements related to “based on either an output signal of a sensor mounted on the vehicle whose driving environment and driving state vary or a predetermined signal generated from the output signal of the sensor,” The output step of sending a signal that can later be used to control the vehicle, notify a user, or collect data is recited at a high level of generality (i.e., as a general means of mere data gathering for a vehicle for optimal operating conditions), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Accordingly, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
Step 2B:
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, this has been re-evaluated in Step 2B and determined to be well-understood, routine, conventional activity in the field. The specification does not provide any indication that the system uses anything other than a generic, off-the-shelf computer component in the form of a processor and sensors such as oxygen concentration sensors as described in the specification paragraph [0026] [0045] and [0062]. As such, the claims are ineligible. Examiner suggests including language that more positively recites a control step to overcome the currently recited rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2022/0413478 A1 discloses an abnormality determination based on calculated Mahalanobis distances
US 2024/0200484 A1 discloses a catalyst deterioration determination device based on multiple data sets during an observation diagnosis period
WO 2019124367 A1 discloses a unit space diagnosis system using a Mahalanobis distance sampling determination
WO 2024134717 A1 discloses a vibration based disturbance determination system for a vehicle
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle T Johnson whose telephone number is (303)297-4339. The examiner can normally be reached Monday-Thursday 7:00-5:00 MT.
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/KYLE T JOHNSON/Examiner, Art Unit 3656
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