Ex Parte Suzuki et al - Page 6

                Appeal  2007-2682                                                                            
                Application 10/326,410                                                                       
                            displaying at least one of:  a time, a period, a location,                       
                      and a damage level when the damage factor exceeds a                                    
                      designated level.                                                                      
                At the heart of the dispute in this appeal is whether Sarangapani discloses a                
                data structure in memory that determines a damage factor indicative of “an                   
                instantaneous stress” applied to the machine component.  If it does not, then                
                Sarangapani would not disclose the above-quoted maintaining step, the                        
                above-quoted processing step which processes that data structure to                          
                determine the damage factor, or the above-quoted displaying step which                       
                displays the damage factor resulting from that processing.                                   
                      For the maintaining step, the Examiner initially cited to Col. 3, ll. 29-              
                30, and Fig. 6-7 of Sarangapani, but nothing in the cited text indicates that                
                data is stored which determines a damage factor indicative of a component’s                  
                “instantaneous stress.”  Sarangapani, in Column 3, ll. 27-32, merely states:                 
                      Employing a complement of on-board and off-board hardware                              
                      and software, the machine prognostic system 10 monitors and                            
                      derives machine component information and analyzes the                                 
                      resulting data to indicate and/or predict impending component                          
                      or system failures or unacceptable performance levels.                                 

                The above-quoted text does not teach that impending failures are determined                  
                based on a damage factor indicative of a component’s “instantaneous stress.”                 
                The approach may be based on accumulated stress over time or something                       
                else.  Figures 6 and 7 of Sarangapani are no better than the cited text.  They               
                do not reveal anything about determining a damage factor which is                            
                indicative of a component’s “instantaneous stress.”  Indeed, the “severity”                  
                computations referred to in Figures 6 and 7 appear to be based on trends                     



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