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 .
DETAILED ACTION
This is a final rejection. Claims 1, 3-4, 6-8, 10-11, 13-15, 17-18, and 20 are pending.
Information Disclosure Statement (IDS)
The information disclosure statement(s) filed on 03/24/2022 comply with the provisions 37 CFR 1.97, 1.98, and MPEP 609 and is considered by the Examiner.
Status of Claims
Applicant’s amendment date 03/16/2026. Amending claims 1, 3-4, 8, 10-11, 15, and 17-18.
Response to Amendment
The previously pending rejection under 35 USC 101, will be maintained. The 101 is updated in light of the amendments.
The previously pending rejection under 35 USC 103, will be maintained. The 103 is updated in light of the amendments.
Response to Arguments
Applicant’s argument received 03/18/2026 have been fully considered, but they are not persuasive.
Response to Arguments under 35 USC 101:
Applicant argues (Page 9 of the remarks): abstract idea
Independent claims 8 and 15 have been amended recite similar limitations. As such, Applicant respectfully submits that independent claims 1, 8, and 15, as amended, are not an abstract idea under either the organizing human activity grouping. More specifically, the claimed invention is not a method of organizing human activity since the claimed invention involves, at least, the reassignment of an activity, which was previously assigned to a human worker, to a robotic worker for performance of the activity based on a safety score associated with a configuration of machines used to perform the activity. Applicant respectfully submits that the claimed invention, as amended, is not directed to commercial/legal interactions or to fundamental economic principles. The claimed invention, as amended, receives data from a smart environment having one or more machines, one or more workers, and one or more activities to be performed by the one or more workers via the one or more machines. Further, the claimed invention, as amended, generates a simulation of the smart environment based on the received data, and in response to that simulation identifies a safety score associated with a configuration of the one or more machines to perform an activity, where the configuration comprises a location of the one or more machines. Applicant respectfully asserts that the claimed invention no longer recites the limitations, "receiving worker information" or "identifying a safety score associated with the one or more workers." Instead, the claimed invention now recites, in part, limitations of "receiving ... data derived from a smart environment" and "identifying ... a safety score associated with a configuration of the one or more machines."
As such, the claimed invention, as amended, is directed to a re-distribution of work from a human worker to a robotic worker in response to activation of a safety threshold by the configuration of the one or more machines to perform the activity. Applicant's arguments which expressly refer to the independent claims 1, 8, and 15 are equally applicable to all dependent claims by virtue of their dependencies on the independent claims. Accordingly, Applicant respectfully requests withdrawal of all rejections under 35 U.S.C. § 101.
Examiner respectfully disagrees:
The Applicant's Specification titled "RISK REDUCTION OPTIMIZATION IN A SMART ENVIRONMENT" emphasizes the business need for data analysis, "In summary, the present disclosure relates to methods and systems for identifying a safety score associated with the one or more workers" (Spec. [0014]).
As the claim limitations below (see 101 rejection) demonstrate, independent claims 1, 8 and 15 are recites the abstract idea of identifying a safety score associated with the one or more workers. which is considered certain methods of organizing human activity because the bolded claim limitations pertain to (i) fundamental economic principles or practices (including hedging, insurance, mitigating risk) and (ii) commercial or legal interactions. See MPEP §2106.04(a)(2)(II).
Applicant's claims as recited below (see 101 rejection) provide a business solution of receiving worker information, and identifying a safety score associated with the one or more workers. Applicant's claimed invention pertains to commercial/legal interactions because the limitations recite receiving worker information, and identifying a safety score associated with the one or more workers. which pertain to "agreements in the form of contracts; legal obligation; behaviors; business relations" expressly categorized under commercial/legal interactions. Also, fundamental economic principles or practices (including hedging, insurance, mitigating risk). See MPEP §2106.04(a)(2)(II).
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional element, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use exception, such that it is more than a drafting effort designed to monopolize the exception.
The claims recites the additional limitation of a computer program product comprising a computer readable storage medium having program instructions, a system, a memory and a processor in communication with the memory, by one or more processor, a smart environment, and a digital twin are recited in a high level of generality and recited as performing generic computer functions routinely used in computer applications. Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp. 134 S. Ct, at 2360,110 USPQ2d at 1984 (see MPEP 2106.05(f).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (step 2A-prong two: NO).
The Alice framework, we turn to step 2B (Part 2 of Mayo) to determine if the claim is sufficient to ensure that the claim amounts to “significantly more” than the abstract idea itself. These additional elements recite conventional computer components and conventional functions of:
Claims 1, 8 and 15 does not include my limitations amounting to significantly more than the abstract idea, along. Claims 1, 8 and 15 includes various elements that are not directed to the abstract idea. These elements include a computer program product comprising a computer readable storage medium having program instructions, a system, a memory and a processor in communication with the memory, by one or more processor, a smart environment, and a digital twin.
Examiner asserts that the additional elements in the claims are a generic computing element performing generic computing functions.
Further, with data mining (i.e., searching over a network), receiving, processing, storing data, and parsing (i.e. extract, transform data) the courts have recognized the following computer function as well-understood, routing, and conventional functions when they are claimed in merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (i.e. “receiving, processing, transmitting, storing data”, etc.) are well-understood, routine, etc. (MPEP 2106.059d)).
Therefore, the claims at issue do not require any nonconventional computer, network, or display components, or even a “non-conventional and non-generic arrangement of know, conventional pieces,” but merely call for performance of the claimed on a set of generic computer components” and display devices.
Response to Arguments under 35 USC 103:
Applicant argues (Page 11 of the remarks):
Applicant respectfully submits that Swift does not disclose the identification of a safety score specifically associated with a configuration of one or more machines used to perform an activity, nor does Swift tie identification of a score to a simulation step as recited by amended claim 1.
Examiner respectfully disagrees:
First, referring back to applicant with regard to machine, in [0026, “machine … types of personal protective equipment. With regard to safety score, in [0037], “safety score ….. wear helmets and other personal protective equipment”.
Second, Applicant is reminded that claims must be given their broadest reasonable interpretation. Primary reference disclose identifying, responsive to the [[simulating]], a safety score associated with a configuration of the one or more [[machines]] used to perform an activity of the one or more activities, (Oboril [00 [0031-0034], “may score each monitored attribute …. Determine a high distraction score”. [0053], “determine a risk score .. between the robot and human … severity level”. [0059], “continuously calculate and re-calculate a safety score …. If the safety score is below the predefined risk score”.) wherein the configuration comprises a location of the one or more machines within the smart environment; (Oboril [0024-0029], “The device may operate as part of a server that is remote to the robot (e.g., a cloud-based server), may be integrated into the robot, or may have processing/sensors that are distributed across various locations. The safety system 100 may include a receiver, transmitter, and/or transceiver for communicating information among the various processing locations … distributed among any number of sensors and any number of sensing locations. For example, a camera may be at a fixed location of a manufacturing facility that is able to monitor the activities on the manufacturing floor, including the robots and humans that be engaged in tasks and/or moving about manufacturing floor. A camera may also be part of or attached to the robot, where such a camera is able to observe the immediate environment of the robot.”. but specifically fails to disclose a machine, to clarify the record, examiner relay on Swift to disclose data derived from a smart environment having one or more machines identifying, … responsive to the simulating, a safety score associated with a configuration of the one or more machines to perform an activity of the one or more activities, (Swift [0012-0014] & [0135], “dynamically monitor changes to industrial machines in a connected factory environment and determine required or recommended changes to articles of PPE in real time. In some example, the techniques may provide a streamlined, centralized process for adjusting PPE requirements that can adapt to changing hazards in a dynamic work environment, such as where locations of industrial machines may be frequently changing”. [0032], “PPEMS 6 may provide a database query engine for directly querying PPEMS 6 to view acquired safety information, compliance information and any results of the analytic engine, e.g., by the way of dashboards, alert notifications, reports” [0034], “users 20, 24 may set benchmarks for occurrence of any safety incidences, and PPEMS 6 may track actual performance metrics relative to the benchmarks for individuals or defined worker populations.” Benchmarks could be mapped to compatibility score. [0035], “PPEMS 6 may identify individual respirators 13 or workers 10 for which the metrics do not meet the benchmarks and prompt the users to intervene and/or perform procedures to improve the metrics relative to the benchmarks, thereby ensuring compliance and actively managing safety for workers 10.”)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Oboril, to include the feature as taught by Swift, in order to determining a safety score associated with a configuration of the one or more machines to perform an activity of the one or more activities (Swift [0012] & [0135)). Also, this will improve the time, production efficiency, and the safety of the user (Swift [0149]). Further, the claimed invention is merely a combination of old elements in a similar field of endeavor and, in the combination, each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Oboril, Maruyama, Swift and Ahmann the results of the combination were predictable (see MPEP 2143 A).
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 1, 8, and 15 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.
In claims 1, 8, and 15, the recited limitation “based on activation of the safety threshold by the safety score, identifying a human worker, of the one or more workers, assigned to the activity and reassigning performance of the activity to a robotic worker of the one or more workers; and causing the robotic worker to perform the activity” is indefinite. It is unclear to the examiner if the task is assigned to a human worker or a robotic worker and how the system assign separate safety score “reassigning performance. Further, claim 6 recite “granting permission to the approved worker to perform the activity”. 33
Claims 3-4, 6-7, 10-11, 13-14, 17-18, and 20 are rejected for being dependent upon a rejected claim.
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, 3-4, 6-8, 10-11, 13-15, 17-18, and 20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to non-statutory subject matter, specifically an abstract idea without a practical application or significantly more than the abstract idea.
Under the 35 U.S.C. §101 subject matter eligibility two-part analysis, Step 1 addresses whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. See MPEP §2106.03. If the claim does fall within one of the statutory categories, it must then be determined in Step 2A [prong 1] whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea). See MPEP §2106.04. If the claim is directed toward a judicial exception, it must then be determined in Step 2A [prong 2] whether the judicial exception is integrated into a practical application. See MPEP §2106.04(d). Finally, if the judicial exception is not integrated into a practical application, it must additionally be determined in Step 2B whether the claim recites "significantly more" than the abstract idea. See MPEP §2106.05.
Examiner note: The Office's 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) is currently found in the Ninth Edition, Revision 10.2019 (revised June 2020) of the Manual of Patent Examination Procedure (MPEP), specifically incorporated in MPEP §2106.03 through MPEP §2106.07(c).
Regarding Step 1
Claims 1, 3-4, 6-7 are directed toward a method (process). Claims 8, 10-11, 13-14 are directed to a system (machine) and Claims 15, 17-18, and 20 are directed to a computer program product (machine). Thus, all claims fall within one of the four statutory categories as required by Step 1.
Examiner Note: with regard to claims 15, 17-18, and 20, Examiner interpret the program product in view of applicant specification [0081] that the computer-readable storage medium is not to be construed as being transitory signals per se.
Regarding Step 2A [prong 1]
Claims 1, 3-4, 6-8, 10-11, 13-15, 17-18, and 20 are directed toward the judicial exception of an abstract idea. Independent claims 8, and 15 recites essentially the same abstract features as claim 1, thus are abstract for the same reasons as claim 1.
Regarding independent claim 1, the bolded limitations emphasized below correspond to the abstract ideas of the claimed invention:
Claim 1. A computer-implemented method, the method comprising:
receiving, by a processor, data derived from a smart environment having one or more machines, one or more workers, and one or more activities to be performed by the one or more workers via the one or more machine, wherein the one or more workers comprise human workers and robotic workers;
generating a digital twin of the smart environment, wherein the digital twin is based, at least in part, on the data;
simulating the digital twin of the smart environment; and
identifying, responsive to the simulating,
a safety score associated with a configuration of the one or more machines used to perform an activity of the one or more activities, wherein the configuration comprises a location of the one or more machines within the smart environment;
determining the safety score associated with the configuration activates a safety threshold;
based on activation of the safety threshold by the safety score, identifying a human worker, of the one or more workers, assigned to the activity and reassigning performance of the activity to a robotic worker of the one or more workers; and causing the robotic worker to perform the activity.
The Applicant's Specification titled "RISK REDUCTION OPTIMIZATION IN A SMART ENVIRONMENT" emphasizes the business need for data analysis, "In summary, the present disclosure relates to methods and systems for identifying a safety score associated with the one or more workers" (Spec. [0014]).
As the bolded claim limitations above demonstrate, independent claims 1, 8 and 15 are recites the abstract idea of identifying a safety score associated with the one or more workers. which is considered certain methods of organizing human activity because the bolded claim limitations pertain to (i) fundamental economic principles or practices (including hedging, insurance, mitigating risk) and (ii) commercial or legal interactions. See MPEP §2106.04(a)(2)(II).
Applicant's claims as recited above provide a business solution of receiving worker information, and identifying a safety score associated with the one or more workers. Applicant's claimed invention pertains to commercial/legal interactions because the limitations recite receiving worker information, and identifying a safety score associated with the one or more workers. which pertain to "agreements in the form of contracts; legal obligation; behaviors; business relations" expressly categorized under commercial/legal interactions. Also, fundamental economic principles or practices (including hedging, insurance, mitigating risk). See MPEP §2106.04(a)(2)(II).
Dependent claims 3-4, 6-7, 10-11, 13-14, and 17-18, and 20 further reiterate the same abstract ideas with further embellishments, such as
claim 2 (Similarly Claims 9 and 16) Cancelled
claim 3 (Similarly Claims 10 and 17) identifying the human worker as an unapproved worker; and
preventing the unapproved worker from performing one or more workplace tasks.
claim 4 (Similarly Claims 11 and 18) prompting the unapproved worker to perform one or more training activities.
claim 5 (Similarly Claims 12 and 19) Canceled
claim 6 (Similarly Claim 13) determining that the safety score associated with configuration of the one or more machines does not activate a safety threshold;
identifying that, responsive to determining the safety score does not activate a safety threshold, the human worker is an approved worker; and
granting the approved worker permission to perform the activity.
claim 7 (Similarly Claim 14) identifying one or more precautions associated with a reduced safety score, wherein the reduced safety score is less than the safety threshold.
which are nonetheless directed towards fundamentally the same abstract ideas as indicated for independent claims 1, 8 and 15.
Regarding Step 2A [prong 2]
Claims 1, 3-4, 6-8, 10-11, 13-15, 17-18, and 20 fail to integrate the abstract idea into a practical application. Independent claims 1, 8 and 15 include the following additional elements which do not amount to a practical application:
Claim 1.
by one or more processor, a smart environment, and a digital twin.
Claim 8. A system, a memory and a processor in communication with the memory, by one or more processor, a smart environment, and a digital twin
Claim 15 a computer program product comprising a computer readable storage medium having program instructions, by one or more processor, a smart environment, and a digital twin.
The bolded limitations recited above in independent claims 1, 8 and 15 pertain to additional elements which merely provide an abstract-idea-based-solution implemented with computer hardware and software components, including the additional elements of a computer program product comprising a computer readable storage medium having program instructions, a system, a memory and a processor in communication with the memory, by one or more processor, a smart environment, and a digital twin which fail to integrate the abstract idea into a practical application because there are (1) no actual improvements to the functioning of a computer, (2) nor to any other technology or technical field, (3) nor do the claims apply the judicial exception with, or by use of, a particular machine, (4) nor do the claims provide a transformation or reduction of a particular article to a different state or thing, (5) nor provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment, in view of MPEP §2106.04(d)(1) and §2106.05 (a-c & e-h), (6) nor do the claims apply the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, in view of MPEP §2106.04(d)(2). The Specification provides a high level of generality regarding the additional elements claimed without sufficient detail or specific implementation structure so as to limit the abstract idea, for instance, (figs. 9-11). Nothing in the Specification describes the specific operations recited in claim 1 (Similarly claims 8 and 15) as particularly invoking any inventive programming, or requiring any specialized computer hardware or other inventive computer components, i.e., a particular machine, or that the claimed invention is somehow implemented using any specialized element other than all-purpose computer components to perform recited computer functions. The claimed invention is merely directed to utilizing computer technology as a tool for solving a business problem of data analytics. Nowhere in the Specification does the Applicant emphasize additional hardware and/or software elements which provide an actual improvement in computer functionality, or to a technology or technical field, other than using these elements as a computational tool to automate and perform the abstract idea. See MPEP §2106.05(a & e).
The relevant question under Step 2A [prong 2] is not whether the claimed invention itself is a practical application, instead, the question is whether the claimed invention includes additional elements beyond the judicial exception that integrate the judicial exception into a practical application by imposing a meaningful limit on the judicial exception. This is not the case with Applicant's claimed invention which merely pertains to steps for receiving worker information, and identifying a safety score associated with the one or more workers and the additional computer elements a tool to perform the abstract idea, and merely linking the use of the abstract idea to a particular technological environment. See MPEP §2106.04 and §21062106.05(f-h). Alternatively, the Office has long considered data gathering, analysis and data output to be insignificant extra-solution activity, and these additional elements do not impose any meaningful limits on practicing the abstract idea. See MPEP §2106.04 and §2106.05(g). Thus, the additional elements recited above fail to provide an actual improvement in computer functionality, or to a technology or technical field. See MPEP §2106.04(d)(1) and §2106§2106.05 (a & e).
Instead, the recited additional elements above, merely limit the invention to a technological environment in which the abstract concept identified above is implemented utilizing the computational tools provided by the additional elements to automate and perform the abstract idea, which is insufficient to provide a practical application since the additional elements do no more than generally link the use of the abstract idea to a particular technological environment. See MPEP §2106.04. Automating the recited claimed features as a combination of computer instructions implemented by computer hardware and/or software elements as recited above does not qualify an otherwise unpatentable abstract idea as patent eligible. Alternatively, the Office has long considered data gathering and data processing as well as data output recruitment information on a social network to be insignificant extra-solution activity, and these additional elements used to gather and output recruitment information on a social network are insignificant extra-solution limitations that do not impose any meaningful limits on practicing the abstract idea. See MPEP §2106.05(g). The current invention receiving worker information, and identifying a safety score associated with the one or more workers. When considered in combination, the claims do not amount to improvements of the functioning of a computer, or to any technology or technical field. Applicant's limitations as recited above do nothing more than supplement the abstract idea using additional hardware/software computer components as a tool to perform the abstract idea and generally link the use of the abstract idea to a technological environment, which is not sufficient to integrate the judicial exception into a practical application since they do not impose any meaningful limits.
Dependent claims 3-4, 6-7, 10-11, 13-14, 17-18, and 20 merely incorporate the additional elements recited above, along with further embellishments of the abstract idea of independent claims 1, 8 and 15 respectively, for example, claims 7, 14, and 20 recite a computer program product comprising a computer readable storage medium having program instructions, a system, a memory and a processor in communication with the memory, by one or more processor, a smart environment, and a digital twin but these features only serve to further limit the abstract idea of independent claims 1, 8 and 15, furthermore, merely using/applying in a computer environment such as merely using the computer as a tool to apply instructions of the abstract idea do nothing more than provide insignificant extra-solution activity since they amount to data gathering, analysis and outputting. Furthermore, they do not pertain to a technological problem being solved in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, and/or the limitations fail to achieve an actual improvement in computer functionality or improvement in specific technology other than using the computer as a tool to perform the abstract idea.
Therefore, the additional elements recited in the claimed invention individually, and in combination fail to integrate the recited judicial exception into any practical application.
Regarding Step 2B
Claims 1, 3-4, 6-8, 10-11, 13-15, 17-18, and 20 do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional element(s) as described above with respect to Step 2A Prong 2, the additional element of claims 1, 8 and 15 include a computer program product comprising a computer readable storage medium having program instructions, a system, a memory and a processor in communication with the memory, by one or more processor, a smart environment, and a digital twin. The displaying interface and storing data merely amount to a general purpose computer used to apply the abstract idea(s) (MPEP 2106.05(f)) and/or performs insignificant extra-solution activity, e.g. data retrieval and storage, as described above (MPEP 2106.05(g)) which are further merely well-understood, routine, and conventional activit(ies) as evidenced by MPEP 2106.06(05)(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, electronically scanning or extracting data from a physical document, and a web browser’s back and forward button functionality). Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that the claims amount to significantly more than the abstract idea directed to receiving worker information, and identifying a safety score associated with the one or more workers.
Claims 1, 3-4, 6-8, 10-11, 13-15, 17-18, and 20 are accordingly rejected under 35 USC 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea(s)) without significantly more.
REJECTIONS BASED ON PRIOR ART
Examiner Note: Some rejections will be followed/begin by an “EN” that will denote an examiner note. This will be place to further explain a rejection when needed.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3-4, 6-8, 10-11, 13-15, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Oboril et al. US 2022/0105634 (hereinafter Oboril) in view of Maruyama T, Ueshiba T, Tada M, Toda H, Endo Y, Domae Y, Nakabo Y, Mori T, Suita K. Digital twin-driven human robot collaboration using a digital human. Sensors. 2021 Dec 10;21(24):8266. (hereinafter Maruyama) in view of Swift et al. US 2021/037561 (hereinafter Swift) in view of Ahmann CA 3039049 (hereinafter Ahmann).
Regarding Claim 1:
A computer-implemented method, the method comprising:
receiving, by a processor, data derived from a smart environment (Oboril [0004] & [0027], “collaborative environment in which a robot may interact with humans”.) having one or more machines, one or more workers, and one or more activities to be performed by the one or more workers via the one or more machines, wherein the one or more workers comprise human workers and robotic workers; (Oboril [0029], “receive the sensor information from sensors that monitor the environment in which the robot and human may be collaborating …. Attributes associated with the collaboration between the robot and the collaborating person …. Identification profile”. Also, see fig. 1 “110” and fig. 5 “510” fig. 6 “612” [0033]. )
generating [[a digital twin]] of the smart environment, wherein [[the digital twin]] is based, at least in part, on the data; [[simulating the digital twin]] of the smart environment; and (Oboril [0030-0031], “determine each monitored attribute based on the available sensor data. For this purpose, the safety system 100 may use an artificial intelligence learning model to detect objects based on the sensor data. The safety system 100 may also use an artificial intelligence learning model to classify each detected attribute and provide an associated probability score for the class of the detected attribute … use an artificial intelligence learning model to classify each detected attribute”. Also, see fig. 1 and fig. 5)
identifying, responsive to the [[simulating]], a safety score associated with a configuration of the one or more [[machines]] used to perform an activity of the one or more activities, (Oboril [00 [0031-0034], “may score each monitored attribute …. Determine a high distraction score”. [0053], “determine a risk score .. between the robot and human … severity level”. [0059], “continuously calculate and re-calculate a safety score …. If the safety score is below the predefined risk score”.) wherein the configuration comprises a location of the one or more machines within the smart environment; (Oboril [0024-0029], “The device may operate as part of a server that is remote to the robot (e.g., a cloud-based server), may be integrated into the robot, or may have processing/sensors that are distributed across various locations. The safety system 100 may include a receiver, transmitter, and/or transceiver for communicating information among the various processing locations … distributed among any number of sensors and any number of sensing locations. For example, a camera may be at a fixed location of a manufacturing facility that is able to monitor the activities on the manufacturing floor, including the robots and humans that be engaged in tasks and/or moving about manufacturing floor. A camera may also be part of or attached to the robot, where such a camera is able to observe the immediate environment of the robot.”.)
determining the safety score associated with the configuration activates a safety threshold; based on activation of the safety threshold by the safety score, identifying a human worker, of the one or more workers, assigned to the activity and (Oboril [0033-0034], “identify the person and their predefined/ expected task. If the safety system 100 does not know the predefined task, the monitored attributes module 110 may determine the task based on previous monitored movements of the person or may assume that the person is performing a task that will require the most conservative (e.g., safest) type of robot motions during the collaboration. [0034] As another example, the monitored attributes module 110 may determine the training level or level of expertise with respect to the collaborative task. For example, the safety system 100 may not allow a person with insufficient training to collaborate with certain robots that perform intricate and/or highly dangerous tasks”.)
Oboril disclose the above limitations but, specifically fails to disclose generating a digital twin of the smart environment, wherein the digital twin is based, at least in part, on the data; simulating the digital twin of the smart environment; and a configuration of the one or more machines used to perform an activity of the one or more activities, reassigning performance of the activity to a robotic worker of the one or more workers; and causing the robotic worker to perform the activity.
However, Maruyama teaches the following limitations:
generating a digital twin of the smart environment, wherein [[the digital twin]] is based, at least in part, on the data; simulating the digital twin]] of the smart environment; and identifying, responsive to the simulating, a safety score associated with a configuration of the one or more [[machines]] used to perform an activity of the one or more activities, (Maruyama page 2 figure 1, “real-time analysis and simulation for safety monitoring and production management … a factory environment … digital twin in robot, human, and production settings”. Page 4, “safety module and dynamic task allocation …. Predictions”.)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Oboril, to include the feature of a digital twin, as taught by Maruyama, in order to generate a digital twin and to simulating the digital twin of the environment (Maruyama figures 1-2). Also, this will improve the time and production efficiency. Further, the claimed invention is merely a combination of old elements in a similar field of endeavor and, in the combination, each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Oboril and Maruyama, the results of the combination were predictable (see MPEP 2143 A).
Oboril in view Maruyama disclose the above limitations but, specifically a configuration of the one or more machines used to perform an activity of the one or more activities, reassigning performance of the activity to a robotic worker of the one or more workers; and performing the activity by the robotic worker.
However, Swift teaches the following limitations:
data derived from a smart environment having one or more machines identifying, … responsive to the simulating, a safety score associated with a configuration of the one or more machines to perform an activity of the one or more activities, (Swift [0012-0014] & [0135], “dynamically monitor changes to industrial machines in a connected factory environment and determine required or recommended changes to articles of PPE in real time. In some example, the techniques may provide a streamlined, centralized process for adjusting PPE requirements that can adapt to changing hazards in a dynamic work environment, such as where locations of industrial machines may be frequently changing”. [0032], “PPEMS 6 may provide a database query engine for directly querying PPEMS 6 to view acquired safety information, compliance information and any results of the analytic engine, e.g., by the way of dashboards, alert notifications, reports” [0034], “users 20, 24 may set benchmarks for occurrence of any safety incidences, and PPEMS 6 may track actual performance metrics relative to the benchmarks for individuals or defined worker populations.” Benchmarks could be mapped to compatibility score. [0035], “PPEMS 6 may identify individual respirators 13 or workers 10 for which the metrics do not meet the benchmarks and prompt the users to intervene and/or perform procedures to improve the metrics relative to the benchmarks, thereby ensuring compliance and actively managing safety for workers 10.”)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Oboril, to include the feature as taught by Swift, in order to determining a safety score associated with a configuration of the one or more machines to perform an activity of the one or more activities (Swift [0012] & [0135)). Also, this will improve the time, production efficiency, and the safety of the user (Swift [0149]). Further, the claimed invention is merely a combination of old elements in a similar field of endeavor and, in the combination, each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Oboril, Maruyama, Swift and Ahmann the results of the combination were predictable (see MPEP 2143 A).
Oboril in view Maruyama in view of Swift disclose the above limitations but, specifically reassigning performance of the activity to a robotic worker of the one or more workers; and causing the robotic worker to perform the activity.
However, Ahmann teaches the following limitations:
reassigning performance of the activity to a robotic worker of the one or more workers; and causing the robotic worker to perform the activity. (Ahmann [0045], “a simplified picker automated vehicle (SPAV) 701, shuttle cart 702, vertical conveyors 703, and mini-ASRS 1001 that replaces the human picker 90 with a picking robot (PR) 1101”. [00-810082], “a simplified picker automated vehicle (SPAV) 701, shuttle cart 702, vertical conveyors 703, and mini-ASRS 1001 that replaces the human picker with a picking robot (PR) 1101, according to some embodiments of the present invention. The replacement of the human picker with a picking robot (PR) 1101 is done for potential operating-expense, worker safety and/or system-performance improvement … performance enhancement”. Also, see [00299], “replace the human picker with a Picker Robot (PR) as shown in Figure 11”.)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Oboril, to include the feature as taught by Ahmann, in order to assigning performance of the activity to a robotic worker of the one or more workers; and performing the activity by the robotic worker (Ahmann [0082])). Also, this will improve the time and production efficiency. Further, the claimed invention is merely a combination of old elements in a similar field of endeavor and, in the combination, each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that, given the existing technical ability to combine the elements as evidenced by Oboril, Maruyama, Swift and Ahmann the results of the combination were predictable (see MPEP 2143 A).
Regarding Claim 2: (Canceled)
Regarding Claim 3:
Oboril in view of Maruyama in view of Swift in view of Ahmann disclose the method of claim 1, further including:
Oboril further teach identifying the human worker as an unapproved worker; and preventing the unapproved worker from performing one or more workplace tasks. (Oboril [0033-0034], “identify the person and their predefined/ expected task. If the safety system 100 does not know the predefined task, the monitored attributes module 110 may determine the task based on previous monitored movements of the person or may assume that the person is performing a task that will require the most conservative (e.g., safest) type of robot motions during the collaboration. [0034] As another example, the monitored attributes module 110 may determine the training level or level of expertise with respect to the collaborative task. For example, the safety system 100 may not allow a person with insufficient training to collaborate with certain robots that perform intricate and/or highly dangerous tasks”. Oboril [0059], “continuously calculate and re calculate a safety score, continuously comparing it to a predefined risk score threshold, where if the safety score is below the predefined risk score threshold, the safety system 100 may refrain from providing a mitigating instruction until the risk score is above the predefined risk score threshold. If the risk score is above the predefined threshold, the safety system 100 may use adaptive mitigating instructions that adapt the robot's motion to motions that are associated with lower risks”.)
Regarding Claim 4:
Oboril in view of Maruyama in view of Swift in view of Ahmann disclose the method of claim 3, further including:
Oboril further teach prompting the unapproved worker to perform one or more training activities. (Oboril [000063-0064], “determine a risk level … corresponding observed attribute/behavior … the feedback and training module may then use the classified observations and/or the risk level in order to generated feedback or training for the human collaborator or to generate other mitigating instructions for the robot to modify its operation based on the risk level”. Also, see [0071], [0075])
Regarding Claim 5: Canceled
Regarding Claim 6:
Oboril in view of Maruyama in view of Swift in view of Ahmann disclose the method of claim 1, further comprising:
Oboril further teach determining that the safety score associated with the configuration of the one or more machines does not activate a safety threshold; identifying that, responsive to determining the safety score does not activate a safety threshold, the human worker is an approved worker; and granting permission to the approved worker perform the activity. (Oboril [0059], “This allows the safety system 100 to continuously adapt the robot's motion/movements, via mitigation instructions, to continuously respond to changes in the collaboration environment that may have an impact on the safety of the collaboration. In this regard, the safety system 100 may continuously calculate and re-calculate a safety score, continuously comparing it to a predefined risk score threshold, where if the safety score is below the predefined risk score threshold, the safety system 100 may refrain from providing a mitigating instruction until the risk score is above the predefined risk score threshold”. Also, see [0060])
Regarding Claim 7:
Oboril in view of Maruyama in view of Swift in view of Ahmann disclose the method of claim 1, further comprising:
Oboril further teach identifying one or more precautions associated with a reduced safety score, wherein the reduced safety score is less than the safety threshold. (Oboril [0059], “This allows the safety system 100 to continuously adapt the robot's motion/movements, via mitigation instructions, to continuously respond to changes in the collaboration environment that may have an impact on the safety of the collaboration. In this regard, the safety system 100 may continuously calculate and re-calculate a safety score, continuously comparing it to a predefined risk score threshold, where if the safety score is below the predefined risk score threshold, the safety system 100 may refrain from providing a mitigating instruction until the risk score is above the predefined risk score threshold”. Also, see [0026], [0051], [0056], [0060] and [0084])
Regarding Claim 8:
Claim 8 is the system claim corresponding to the method claim 1 rejected above. Therefore, Claim 8 is rejected under the same rational as claim 1.
Regarding Claim 9: Canceled
Regarding Claim 10:
Claim 10 is the system claim corresponding to the method claim 3 rejected above. Therefore, Claim 10 is rejected under the same rational as claim 3.
Regarding Claim 11:
Claim 11 is the system claim corresponding to the method claim 4 rejected above. Therefore, Claim 11 is rejected under the same rational as claim 4.
Regarding Claim 12: Canceled
Regarding Claim 13:
Claim 13 is the system claim corresponding to the method claim 6 rejected above. Therefore, Claim 13 is rejected under the same rational as claim 6.
Regarding Claim 14:
Claim 14 is the system claim corresponding to the method claim 7 rejected above. Therefore, Claim 14 is rejected under the same rational as claim 7.
Regarding Claim 15:
Claim 15 is the a computer product claim corresponding to the method claim 1 rejected above. Therefore, Claim 15 is rejected under the same rational as claim 1.
Regarding Claim 16: Canceled
Regarding Claim 17:
Claim 17 is the a computer product claim corresponding to the method claim 3 rejected above. Therefore, Claim 17 is rejected under the same rational as claim 3.
Regarding Claim 18:
Claim 18 is the a computer product claim corresponding to the method claim 4 rejected above. Therefore, Claim 18 is rejected under the same rational as claim 4.
Regarding Claim 19: Canceled
Regarding Claim 20:
Claim 20 is the a computer product claim corresponding to the method claim 6 rejected above. Therefore, Claim 20 is rejected under the same rational as claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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Kiran et al. US 12,109,015: Apparatus and method for monitoring performance of a physical activity.
Trivelpiece et al. US 2020/0394589: Methods and systems for monitoring workers in a retail environment.
Ruiz Moreno et al. US 2022/0340304: System for monitoring and controlling production lines.
Yang, Longqi WO2022/026018: Enhancing remote work productivity data.
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Chong et al. US 2018/0151049: Providing predictive alerts for workplace safety.
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Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HAMZEH OBAID/Primary Examiner, Art Unit 3624