Ex Parte Suzuki et al - Page 7

                Appeal  2007-2682                                                                            
                Application 10/326,410                                                                       
                over time rather than instantaneous stress values.  See the severity equation                
                illustrated in Sarangapani in Col. 6, ll. 41-43.                                             
                      In the Answer, the Examiner asserts that any data capable of                           
                indicating or predicting impending component or system failure is indicative                 
                of an instantaneous stress.  (Answer, 6:1-2).  The argument is misplaced.  To                
                regard the general health of a component as instantaneous stress is not                      
                entirely unreasonable in a general sense.  But in the context of claims 34 and               
                24 where the “instantaneous stress” has to be that “applied to the component                 
                based at least in part on the at least one property,” the general health or                  
                impending failure of the component does not meet the requirement.  The                       
                general well being of the component is much too removed from the                             
                instantaneous stress applied to the component at any specific instant as                     
                measured in a property sensing step.  The Examiner has overly generalized.                   
                Note also that an impending failure, whether it is predicted or otherwise                    
                indicated, is nonetheless a general prediction of operability and system well                
                being, and is not an actual measure of instantaneous stress applied to a                     
                machine component based on a measured property.                                              
                      The Examiner further asserts (Answer 6:11-14) that any sensed                          
                property, e.g., temperature, provides an indication of instantaneous stress                  
                and cites to Figure 5 of Sarangapani as illustrating the plotting of sensed                  
                parameter versus time.  There are two problems with the position taken.                      
                      First, curve 44 in Sarangapani’s Figure 5 is only a trend line based on                
                a collection of trend points.  Each trend point is not an instantaneous                      
                machine component value but either the maximum, minimum, or average                          
                over a full trending period.  (Sarangapani, Col. 4, ll. 30-50).   The curves in              



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