Notice of Pre-AIA or AIA Status
Claims 11-23 are currently presented for Examination.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 12/12/2025 has been entered and considered by the examiner. By the
amendment, claims 11-21 are amended and claims 22-23 are newly added. Following Applicants arguments and amendments made on, the 103 rejection of the claims is modified and the 101 rejection is still maintained for claim 1-21 and 23. Claim 22 is eligible since the limitation “controlling the film extrusion line based on the at least one operating parameter by adjusting one or more of: extruder feed rates, die temperature settings, or material blend ratios” is more than the judicial exception. New matter rejection is added for claim 22. See office action for detail.
Applicant 101 arguments
In response to this guidance, claim 11 now explicitly recites executing instructions on a computer to cause the computer to perform the method steps, thereby tying the method to computer implementation. More significantly, the claim now recites selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product, and operating the selected film extrusion line. This directly addresses the Examiner's concern by adding steps that use the generated parameters to control physical manufacturing equipment. The claim also recites selecting a raw material composition for operation of the film extrusion line and automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material composition. These limitations show technical automation of physical equipment configuration.
These amendments fundamentally transform the claims from abstract data processing to an integrated manufacturing control system. The claims are not directed to merely performing mental processes on a computer or using a computer as a tool to perform abstract calculations. Rather, the claims are directed to improving the technical process of film extrusion manufacturing itself through direct physical control of manufacturing equipment. The amended claims now explicitly recite selecting specific physical manufacturing equipment from a plurality of different film extrusion lines, which is selection of specific physical manufacturing equipment rather than abstract data manipulation. The claims recite operating the selected film extrusion line, which is direct physical operation of manufacturing equipment. The claims also recite automatically configuring operational settings of the film extrusion line prior to initiating the production process, which is automated technical configuration of physical manufacturing equipment.
The claimed invention improves the technology of film extrusion manufacturing in
several concrete ways. The specification explains that traditional film extrusion line selection and configuration relied on manual assessment or purely economic evaluation based on operator experience. This approach cannot evaluate the actual production capabilities of multiple film extrusion lines and leads to errors in the utilization of the film extrusion line, economic evaluation, and other parameters, which can significantly reduce production efficiency. The claimed invention provides a model-based system that evaluates multiple different film extrusion lines to determine which will most efficiently produce the film product and automatically configures operational settings of the selected line prior to initiating production, preventing the inefficiencies and errors of the prior art. This represents a specific improvement to film extrusion manufacturing technology, not merely automating known manual processes.
The amended claims recite specific technological operations directed to manufacturing equipment rather than generic computer functions. The production model evaluates which of multiple different film extrusion lines will most efficiently produce the requested film product, providing facility-level production optimization. The system automatically configures operational settings prior to production based on the production model, preventing costly trial-and-error during production runs. The operating parameters generated by the production model directly control physical film extrusion line selection and configuration. These are not well-understood, routine, and conventional computer functions but rather are specialized manufacturing control operations.
The claimed invention is analogous to patent-eligible inventions that use computers to improve industrial processes. In McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299 (Fed. Cir. 2016), claims were patent-eligible where they used computers to improve animation processes with specific technological rules. Here, the claims use production models to improve film manufacturing with specific facility selection and configuration operations. In Thales Visionix Inc. v. United States, 850 F.3d 1343 (Fed. Cir. 2017), claims were patent-eligible where they improved motion tracking systems. Here, the claims improve film extrusion line utilization through model-based facility selection and automatic configuration. The Federal Circuit has consistently held that claims improving industrial processes through specific technological applications are patent-eligible, and the amended claims fall squarely within this category.
Contrary to the Examiner's concern about insignificant pre-solution activity, in the amended claims capturing output parameters is integral to the production model operation, selecting from multiple facilities is the core inventive concept, and automatically configuring equipment is the technical solution rather than post-solution activity. All claimed steps are integral to the manufacturing improvement rather than peripheral data gathering. Similarly, the film extrusion line is not merely a field-of-use limitation but is the object being controlled by the production model, the equipment being configured with automatically set operational settings, and the machinery being operated. The film extrusion equipment is central to the claimed invention rather than a peripheral field of use.
Even if the Examiner maintains that the claims are not integrated into a practical application under Step 2A Prong Two, which Applicant respectfully disputes, the claims clearly provide significantly more than any abstract idea under Step 2B. The claims recite unconventional facility-level optimization by selecting from multiple different film extrusion lines based on production model evaluation of efficiency, which is not conventional in the film manufacturing industry. The claims recite automatic pre-production configuration by automatically configuring operational settings before production based on model-generated parameters, representing an inventive concept. The specific ordered combination of model- based production parameter generation, multi-facility evaluation and selection, and automatic equipment configuration represents a specific technological solution rather than merely applying an abstract idea on a computer. Applicant respectfully submits that the amended claims are clearly patent-eligible under 35 USC § 101 because they are directed to improving film extrusion manufacturing technology through model-based facility selection and automatic equipment configuration. The claims integrate any abstract concept into a practical application and provide significantly more than any judicial exception. Applicant respectfully requests withdrawal of the § 101 rejections.
Examiner response
Examiner respectfully disagrees. Applicant argues that the amended claims are directed to an integrated manufacturing control system rather than abstract data processing. However, the claims still recite: receiving an order inquiry, capturing model parameters, forming parameter relationships, evaluating which extrusion line will most efficiently produce a product, selecting equipment based on efficiency, selecting raw material composition and generating operating parameters. The steps outlined—receiving an order inquiry, capturing parameters, forming relationships, and evaluating efficiency—are fundamental business or mental tasks. These are often performed by engineers or planners in their minds or using simple tools (pen/paper). Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. See MPEP §2106.04(a)(2) Although the claims are performed on a computer, implementing an abstract idea on a computer does not remove the abstract nature of the concept. See Alice Corp. v. CLS Bank. Accordingly, the claims recite an abstract idea under Step 2A, Prong One.
Applicant argues that the claims integrate the abstract idea into a practical application because they recite selecting a film extrusion line, operating the selected line and automatically configuring operational settings. These arguments are not persuasive. It is the Examiner position that selecting one extrusion line from a plurality based on efficiency constitutes a mental operational decision. Merely selecting equipment based on calculated efficiency does not improve the extrusion technology itself. The claims do not recite: a new extrusion machine, a new configuration architecture, a new control algorithm or a specific technical improvement to machine hardware. Rather, the equipment is used as a tool to implement the results of the abstract evaluation. Under MPEP §2106.05(f), mere instructions to apply an abstract idea using generic machinery do not integrate the exception into a practical application. Applicant asserts that automatically configuring operational settings constitutes technical automation of physical equipment. However, the claims do not recite: specific control mechanisms, specific sensor interactions, specific machine adjustments, specific technical constraints governing configuration. The claims broadly state that operational settings are automatically configured prior to production, without detailing how such configuration is technologically implemented. This is a result-oriented functional limitation. Therefore, the automatic configuration limitation is considered insignificant extra-solution activity or a generic application of the abstract idea to a known manufacturing environment. See MPEP §2106.05(g). i. Cutting hair after first determining the hair style, In re Brown, 645 Fed. App'x 1014, 1016-1017 (Fed. Cir. 2016); Applicant argues that the claims improve film extrusion manufacturing. However, improving the efficiency of resource selection or reducing manual decision-making does not necessarily constitute a technological improvement under §101. The claims improve decision-making efficiency, facility utilization and production planning. These are improvements in abstract ideas of business or operational management, not in the underlying extrusion technology. However, it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. (See MPEP 2106.05(a)(II)) Unlike McRO, the present claims do not recite specific technological rules governing machine behavior. Unlike Thales, the claims do not recite a specific new technical arrangement of physical components. The production model is broadly defined and does not recite a specific technological mechanism that improves the functioning of the film extrusion machine itself. Accordingly, the claims do not integrate the abstract idea into a practical application. Applicant argues that the ordered combination provides significantly more. The claims do not recite unconventional control logic, a specific novel hardware configuration, a specific new machine architecture and a particularized improvement to control algorithms. The claim merely uses a generic production model to determine parameters and applies those parameters to known manufacturing equipment/film extrusion line. As such, the additional elements amount to no more than the application of the abstract idea using generic computer and industrial components. Under Alice Step 2B, the claims do not amount to significantly more than the abstract idea. The claims remain directed to the abstract idea of evaluating order inquiries and optimizing production decisions, implemented on a generic computer and applied to conventional manufacturing equipment. The additional elements do not integrate the abstract idea into a practical application and do not provide an inventive concept. Accordingly, the rejection under 35 U.S.C. §101 is maintained.
Applicant 103 arguments
The first significant limitation now recited in claim 11 is selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product according to the order inquiry. Neither LOSSL nor Schumacher teaches this limitation. The second significant limitation now recited in claim 11 is selecting a raw material composition for an operation of the film extrusion line. A specification for a raw material composition for an operation of the film extrusion line cannot be found in the prior art and none of the documents disclose the specification of raw material. The third significant limitation now recited in claim 11 is automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material composition. The feature of automatically configuring operational settings of the film extrusion line prior to initiating the production process based on the generated input parameter for the raw material composition cannot be found in LOSSL or Schumacher. Neither reference teaches automatic pre-production configuration.
Examiner response
In view of amendment made, Examiner added the new references Lettowsky (PUB NO: US20190240889A1) to teach the newly added claim limitations “selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product according to the order inquiry, and operating the selected film extrusion line, and (b) selecting a raw material composition for an operation of the film extrusion line, automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material composition”. See office action for detail.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 22 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 22 recites the limitation “controlling the film extrusion line based on the at least one operating parameter by adjusting one or more of: extruder feed rates, die temperature settings, or material blend ratios” which is a new matter. Applicant provide the support (Spec page 3 line 5-17; Figs 1-2) in remarks dated 12/12/2025, however, Examiner do not find the support for these specific parameters that is extruder feed rates, die temperature settings, or material blend ratios. The specification describes generating input parameters and specifying process parameters for operating a film extrusion line (i.e. para [0006] and [0016]). However, the specification does not disclose controlling the film extrusion line based on the at least one operating parameter by adjusting one or more of: extruder feed rates, die temperature settings, or material blend ratios. Because the originally filed specification does not reasonably convey possession of these specific control actions by adjusting one or more of: extruder feed rates, die temperature settings, or material blend ratios, the claimed limitation introduces a new matter.
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 11-21 and 23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. These claims are directed to an abstract idea without significantly more.
(Step 1) Is the claims to a process, machine, manufacture, or composition of matter?
Claims: 11-20 and 23 are directed to method or process that falls on one of statutory category.
Claim 21: a computer program product stored on a non-transitory computer readable medium which falls on one of statutory category.
Claim 11, 21 recites
Step 2A Prong 1
A method for a model-based determination for processing an order comprising the following steps:
-capture at least one output parameter of a production model to capture a requested film product property of the order inquiry, (Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas.)
-forming a parameter relationship between the at least one captured output parameter and at least one input parameter of the production model, (Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas.)
-generating at least one operating parameter based on the formed parameter relationship as a default for operating a production process. (Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas.)
performing, based on the at least one operating parameter, one or more of the following:(a) selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product according to the order inquiry, and operating the selected film extrusion line, and (b) selecting a raw material composition for an operation of the film extrusion line, (Selecting a specific production line (a) and a raw material composition (b) based on an evaluation of efficiency are considered acts of human judgment or mathematical optimization. The steps are considered a mental process of an abstract idea because they involve making selections and evaluations that can be performed in the human mind)
Step 2A, Prong 2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
In accordance with Step 2A, Prong 2, the judicial exception is not integrated into a practical application. The additional elements in view of claim 11 i.e., capture at least one output parameter of a production model to capture a requested film product property of the order inquiry, which is recited at a high level of generality (i.e., as a general means of receiving data), and fall under the insignificant pre-solution activity. (See MPEP 2106.05(g)). The additional element of executing instructions on a computer to cause the computer to automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material composition in claim 11 and a computer program product stored on anon-transitory computer-readable medium comprising instructions which, when the program is executed on a computer, cause the computer to perform the claim 11 in claim 21 are merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f); It is merely an instruction to apply the calculated parameters to a machine. Also, the automatic configuration limitation is considered insignificant extra-solution activity or a generic application of the abstract idea to a known manufacturing environment. See MPEP §2106.05(g). The additional elements of film extrusion line are no more than generally linking the field of use as discussed in MPEP 2106.05(h). The claim is directed to an abstract idea.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
In view of Step 2B, the claim as a whole does not amount to significantly more than the recited exception,
i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. The additional elements in view of claim 11 i.e., capture at least one output parameter of a production model to capture a requested film product property of the order inquiry which is recited at a high level of generality (i.e., as a general means of receiving data), and fall under the insignificant pre-solution activity. (See MPEP 2106.05(g)).) and recognized it as generic computer functions that is well‐understood, routine, and conventional functions See MPEP 2106.05(d)(II) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); The additional element of executing instructions on a computer to cause the computer to in claim 1 and a computer program product stored on anon-transitory computer-readable medium comprising instructions which, when the program is executed on a computer, cause the computer to perform the claim 11 in claim 21 are merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f); Also, the automatic configuration limitation is considered insignificant extra-solution activity or a generic application of the abstract idea to a known manufacturing environment. See MPEP §2106.05(g). i. Cutting hair after first determining the hair style, In re Brown, 645 Fed. App'x 1014, 1016-1017 (Fed. Cir. 2016); The additional elements of film extrusion line is no more than generally linking the field of use as discussed in MPEP 2106.05(h). Claim does not include specific technological steps, use particular tools or data processing techniques that are novel and non-obvious that’s more likely to be considered a concrete application. Thus, claims 11 and 21 are not patent eligible.
Regarding claim 23
Claim 23 recites
Step 2A Prong 1
A method for a model-based determination for processing an order comprising the following steps:
-capture at least one output parameter of a production model to capture a requested film product property of the order inquiry, (Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas.)
-forming a parameter relationship between the at least one captured output parameter and at least one input parameter of the production model, (Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas.)
-generating at least one operating parameter based on the formed parameter relationship as a default for operating a production process. (Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas.)
compare the at least one operating parameter with at least one of: (i) at least one further order inquiry, or (ii) at least one existing production order, create, based on a result of the comparison, a production sequence for at least two production orders, and adjust a chronological sequence of the at least two production orders based on the result of the comparison; (Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas.)
Step 2A, Prong 2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
In accordance with Step 2A, Prong 2, the judicial exception is not integrated into a practical application. The additional elements in view of claim 23 i.e., capture at least one output parameter of a production model to capture a requested film product property of the order inquiry, which is recited at a high level of generality (i.e., as a general means of receiving data), and fall under the insignificant pre-solution activity. (See MPEP 2106.05(g)). The additional element of executing instructions on a computer to cause the computer to” initiating operation of a film extrusion line based on the at least one operating parameter in claim 23 is merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f); Also, the initiating operation limitation is considered insignificant extra-solution activity or a generic application of the abstract idea to a known manufacturing environment. See MPEP §2106.05(g) The additional elements of film extrusion line is no more than generally linking the field of use as discussed in MPEP 2106.05(h). The claim is directed to an abstract idea.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
In view of Step 2B, the claim as a whole does not amount to significantly more than the recited exception,
i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. The additional elements in view of claim 23 i.e., capture at least one output parameter of a production model to capture a requested film product property of the order inquiry which is recited at a high level of generality (i.e., as a general means of receiving data), and fall under the insignificant pre-solution activity. (See MPEP 2106.05(g)).) and recognized it as generic computer functions that is well‐understood, routine, and conventional functions See MPEP 2106.05(d)(II) i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); The additional element of executing instructions on a computer to cause the computer to” initiating operation of a film extrusion line based on the at least one operating parameter in claim 23 is merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f); Also, the initiating operation limitation is considered insignificant extra-solution activity or a generic application of the abstract idea to a known manufacturing environment. See MPEP §2106.05(g). i. Cutting hair after first determining the hair style, In re Brown, 645 Fed. App'x 1014, 1016-1017 (Fed. Cir. 2016); The additional elements of film extrusion line is no more than generally linking the field of use as discussed in MPEP 2106.05(h). Claim does not include specific technological steps, use particular tools or data processing techniques that are novel and non-obvious that’s more likely to be considered a concrete application. Thus, claim 23 is not patent eligible.
Claim 12 further recites wherein the performing comprising at least one of the following steps:- specifying of process parameters for the operation of the film extrusion line - specifying machine parameters for the operation of the film extrusion line - specifying economic data for the operation of the film extrusion line - specifying for a raw material selection for the operation of the film extrusion line. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 13 further recites wherein the performing comprising generating an order response for a response to the order inquiry. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 14 further recites wherein the performing comprising performing a comparison is made between the order inquiry and at least one of at least one further order inquiry or at least one already existing production order and creating a sequence of at least two production orders on the basis of the result of the comparison. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 15 further recites wherein the parameter relationship is formed to a subsequently generated input parameter. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 16 further recites wherein the performing comprising at least one optimization step of the production process. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 17 further recites wherein historical data on already completed production orders is taken into account when forming the parameter relationship. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 18 further recites wherein an adjustment of the production model is carried out on the basis of a production success at least during or after the completion of a production order on the basis of the order inquiry. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 19 further recites wherein a weighted neural network is used as the production model. Under the broadest reasonable interpretation, these limitations cover mathematical model or algorithm for the weighted neural network forming mathematical relationship. If a claim, under its broadest reasonable interpretation, covers a mathematical relationship, then it falls within the “Mathematical Concepts” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim 20 further recites wherein the at least one optimization step of the production process is performed with at least one of the following priorities: - a reduction of the production time – a reduction of raw material requirements – an increase in line efficiency – a reduction of the energy demand – a reduction of scrap production – a reduction of downtime of the film extrusion line. Under the broadest reasonable interpretation, these limitations are process steps that cover mental processes including an evaluation or judgment that could be performed in the human mind or with the aid of pencil and paper. If a claim, under its broadest reasonable interpretation, covers a mental process, then it falls within the “Mental Process” grouping of abstract ideas. Claim therefore, when taken as a whole, still does not integrate the judicial exception into a practical application nor amount to significantly more than the judicial exception. Claim recites unpatentable ineligible subject matter for the same reasoning and analysis as mentioned for claim 11.
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
14. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
6. Claims 11-13 and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over LOSSL et al. (US 20190240888 A1) in view of Lettowsky et al. (PUB NO: US20190240889A1) and further in view of Schumacher et al. (US 2019/0315037).
Regarding claim 11
LOSSL teach a method for a model-based determination for processing : (see abstract and fig 1-An improved control apparatus for producing plastic films and an associated improved method are distinguished, inter alia, by the following features: —the control apparatus has two stages or at least two stages, —the control apparatus comprises, for this purpose, a sensor module and/or a sensor model and a process module and/or a process model, —the machine-dependent sensor module and/or sensor model and the production-dependent process module and/or process model are linked or can be linked to one another via production variables, —adjustable machine variables are connected or linked to plant production variables via the sensor module and/or the sensor model. See para 003- In other words, the invention relates to all possible manufacturing methods for manufacturing plastics films, the manufacture of flat sheet films of this kind on the various types of stretching units, including the manufacture of cast films and the manufacture of blown films, including the mentioned double-bubble blown films, being known in principle to a person skilled in the art)
- capture at least one output parameter of a production model to capture a requested film product property , (see para 75-83-Process variables are characteristics of the material to be processed, across the entire production process. Typical variables are the film temperature, film tension, film thickness, etc. Process variables comprise production variables and product characteristics. The product characteristic is a process variable that describes the final product, e.g. film thickness. The production variable is a process variable that describes the production process in all production stages, e.g. film temperature and film tension. The process model qualitatively and quantitatively establishes the link between the production variables and product characteristics. The process model acts bidirectionally, i.e. product characteristics can be concluded from production variables and vice versa. In this case, the process model can be implemented in a process module.)
- forming a parameter relationship between the at least one captured output parameter and at least one input parameter of the production model, (see para 82-The process model qualitatively and quantitatively establishes the link between the production variables and product characteristics. The process model acts bidirectionally, i.e. product characteristics can be concluded from production variables and vice versa. In this case, the process model can be implemented in a process module. See para 219- 245-A process model provides the association between the production variables of ongoing or hypothetical production and the product characteristics of the product created by means of said production. Said model thus reproduces a significant part of a production process, specifically such that machine processing of said reproduction is possible, in particular using information technology systems. The process model associates production variables and product characteristics by means of suitable methods, e.g. machine learning algorithms. In other words, this means that, within the context of said process model, the “what” is associated with the “how”, i.e. in other words what is produced how. A specific process is given which achieves specific product characteristics proceeding from specific production variables. A process model ensures the association between the production variables and the product characteristics. See para 101)
Examiner note: In the Examiner position that product characteristics are output parameters, while production variables (or process parameters) are the input parameters that influence those product characteristics. For example, film thickness is the output parameter.
- generating at least one operating parameter based on the formed parameter relationship as a default for operating a production process. (see para 111- Any desired methods can be used to implement the two stages, for example machine learning algorithms, model calculations, optimization processes, databases, mapping (for example also in the form of a lookup table, etc.), simple operations, or optimization algorithms and future processes. See para 147¬ Said machine variables are then automatically transferred into a pre-existing plant control system, for example one or more programmable logic controllers, and made effective in an appropriate manner. see para 174-179-The film temperature at the end of each plant segment is transferred, as the input temperature, to the immediately following segment. The segmented processing thus allows calculation inter alia for positions that are important for the process. It is thus possible to establish a correlation between a machine variable that is to be set, e.g. for the temperature, and a film temperature that is actually determined thereby. Said correlation conditions apply bidirectionally. In other words, if a specific film temperature is set, then a specific machine variable would also be correspondingly adjusted thereby in order to generate said temperature. If, vice versa, a temperature value is changed on the machine variable, this leads, according to the correlation conditions or the transfer function, to a modified value with respect to the film temperature.)
plurality of different film extrusion lines; (see para 28-The solution according to the invention is characterized inter alia in that a structure according to the invention that is entirely different from the prior art and a design of the overall control system that is different from the prior art make it much easier to manufacture corresponding films, in particular also films that are constructed and assembled from different materials and films that comprise different materials, even in film manufacturing plants of different designs (i.e. in respect of all flat sheet film manufacturing methods and manufacturing methods for cast, blown and/or what are known as double-bubble or tri-bubble processes or the like).
performing, based on the at least one operating parameter, automatically configuring operational settings of the film extrusion line prior to initiating the production process; (see para 42- Likewise, the product characteristics of an end product in the form of a stretched plastics film can be used to determine the production variables required for achieving said characteristics, i.e. said production variables can be adjusted to specific product characteristics of the film in the individual steps preceding the end product, i.e. at the time of producing the cast film, cooling or heating the film, lengthwise stretching that is carried out and subsequent transverse stretching, and post-treatment, etc. see para 147- in combination with optimisation algorithms, in order to find suitable machine variables. Said machine variables are then automatically transferred into a pre-existing plant control system, for example one or more programmable logic controllers, and made effective in an appropriate manner.)
LOSSL does not explicitly teaches processing order inquiry and film product property of the order inquiry. performing, based on the at least one operating parameter, one or more of the following:(a) selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product according to the order inquiry, and operating the selected film extrusion line, and (b) selecting a raw material composition for an operation of the film extrusion line, automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material composition.
In the related field of invention, Lettowsky teaches processing order inquiry; (See para 100- This is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. See para 174- communication options of the provider and/or a supplier of raw materials (telephone number, automatically drafted e-mail for orders or the like and/or commercial data (raw materials still in stock, already made reorders and the like) and/or a communication possibility of a customer. See para 303- The term “production planning” refers in particular to the operative, temporal, quantitative and spatial planning, control, management and control of all operations that are necessary in the production of ware and goods. See para 360- In a holistic integration, order data from an operational data detection system can also be used to determine the production volume. see para 417- The evaluation of a data element can be model based. It comes into use, in particular, a heuristic model, a correlation-based model, an optimization model or another model for data analysis.)
film product property of the order inquiry; (see para 80-A “product characteristic” is a physical or chemical property of a product, in particular a semi-finished product or a final product. Examples of product properties of sheet material are density, geometry, transparency and much more. The sum of several product properties can also be referred to as the “quality” of a product. See para 100- This is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. See para 174- communication options of the provider and/or a supplier of raw materials (telephone number, automatically drafted e-mail for orders or the like and/or commercial data (raw materials still in stock, already made reorders and the like) and/or a communication possibility of a customer. See para 303- The term “production planning” refers in particular to the operative, temporal, quantitative and spatial planning, control, management and control of all operations that are necessary in the production of ware and goods. See para 360- In a holistic integration, order data from an operational data detection system can also be used to determine the production volume.)
performing, based on the at least one operating parameter, one or more of the following:(a) selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product according to the order inquiry, and operating the selected film extrusion line, (see para 110- In particular, it is conceivable that the planning process optimizes the production planning, whereby planning process begins at the desired completion date of the end product and, from there, as well as from the respective available transport capacities, storage capacities, processing machines for a further processing, from production machines, from starting materials and the respective variable costs are take into account. See para 305-306- Furthermore, it is suggested that the production planner selects the machine with the appropriate operating window so that the throughput times matches in optimal way to the selected machine. Advantageously, it can be achieved that the production costs of a semi-finished product, a product or a final product can be reduced.)
and (b) selecting a raw material (see para 66-67- A “starting material” is used as starting material for further processing steps in the production. An example of a starting material for the production of sheet material is granulated plastic and an auxiliary and/or an additive material. see para 293-294-Preferably, the quality is improved by a selection of a starting material. Thereby, advantageously, it can be achieved that by an optimized selection of the starting materials the cost of production can be reduced. See para 303- The term “production planning” refers in particular to the operative, temporal, quantitative and spatial planning, control, management and control of all operations that are necessary in the production of ware and goods.)
automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material composition. (See para 59- In other words, the data element provides on the digital roll protocol relevant information for further use so that, for example, the processing machine can be set already automatically adjusted to the required parameters for the next processing steps. see para 225- The plant for producing a wound web, that is a roll, is an extrusion plant. The extrusion plant can request for product adjustment and/or product conversion information from the memory. The trigger to request this information can either be performed by an operator of the plant, an employee in the work preparation or automatically. The information contains information on the recipe (exact designation of type and quantity of raw materials used, etc.) as well as machine settings. The reading in such information over an interface manual input by an operator has the advantage that errors and so that rejects in production by incorrectly set parameters are reduced.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include processing order inquiry and film product property of the order inquiry. performing, based on the at least one operating parameter, one or more of the following:(a) selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product according to the order inquiry, and operating the selected film extrusion line, and (b) selecting a raw material for an operation of the film extrusion line, automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material as taught by Lettowsky in the system of LOSSL for providing, retrieving and using a data element in the value chain/value creation chain of a plastic sheet material for producing a final product by means of a communication protocol and a data carrier for the over-lapping step-wise manner/step crossing exchange of a plurality of different data elements for producing the end final product within the value chain, a use of data to design a production machine or a processing machine, a process for improving the quality of a process, in particular of a production process, a logistics process or a management processes within the value creation chain of plastic sheet materials for producing a final product. (See para 002, Lettowsky)
The combination of LOSSL and Lettowsky does not teach raw material composition;
In the related field of invention, Schumacher teaches raw material composition; (see para 92-94-Examples of functional properties associated with the optical properties of a film can be correlated: Used raw materials Proportions of raw materials)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include raw material composition as taught by Schumacher in the system of LOSSL and Lettowsky for deriving a systematic dependence in a blown film or cast film production process of a film web between a setting variable of the production process and an optical property of the produced film web, a process for producing a film web. (See para 002, Schumacher)
Regarding claim 12
LOSSL further teaches wherein the performing comprising at least one of the following steps:- specifying of process parameters for the operation of the film extrusion line - specifying machine parameters for the operation of the film extrusion line - specifying economic data for the operation of the film extrusion line - specifying for a raw material selection for the operation of the film extrusion line. (see para 231-232 and fig 2-The process model for the process of “biaxial stretching of polypropylene film” states that a film that is stretched by a factor of 4.5 in the machine direction (“lengthwise”) and has a temperature, in the process, of 130° C., will have a tensile strength of 200 MPa. Vice versa, the process model states that, in order to achieve a tensile strength of 200 MPa, the film has to be stretched in the machine direction by a factor of 4.5, at a film temperature of 130° C.)
Regarding claim 13
LOSSL does not teach wherein the performing comprising generating an order response for a response to the order inquiry.
Lettowsky further teaches wherein the performing comprising generating an order response for a response to the order inquiry. (see para 100- his is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. see para 236-Additional information added to a data element as information can relate the date of manufacture, machine setting values, process parameters and quality parameters of the semi-finished products. see para 450-by means of a communication protocol, order-relevant data are returned to an EPA system)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include generating an order response for a response to the order inquiry as taught by Lettowsky for providing, retrieving and using a data element in the value chain/value creation chain of a plastic sheet material for producing a final product by means of a communication protocol and a data carrier for the over-lapping step-wise manner/step crossing exchange of a plurality of different data elements for producing the end final product within the value chain, a use of data to design a production machine or a processing machine, a process for improving the quality of a process, in particular of a production process, a logistics process or a management processes within the value creation chain of plastic sheet materials for producing a final product. (See para 002, Lettowsky)
Regarding claim 15
LOSSL further teaches wherein the parameter relationship is formed to a subsequently generated input parameter. (see para 101-he solution according to the invention contains logical structuring of this kind, in the form of: a process model as a correlation between the product characteristics and production variables. see para 142-143-The two-stage design, according to the invention, of the control system in addition also allows the operating personnel to not only set or amend product characteristics very quickly and easily, but to also check specific process-relevant intermediate results, specifically for example in the context of “what-if” scenarios. It is thus possible to predict rapidly changing final characteristics, on the basis of different process variables. Knowledge of the qualitative and quantitative dependencies between the product and production variables (production model) makes it possible to quickly set the plant, proceeding from new product variables. At the current outputs of over 7.5 t/h, new developments of films can be achieved efficiently only by applying a process model.
Regarding claim 16
LOSSL further teaches wherein the performing comprising at least one input parameter at least one optimization step of the production process. (See fig 7 and see para 200-215-According to the optimization algorithm shown in FIG. 7, a two-dimensional parameter space R of this kind is assumed, specifically within the limits G of 20° C. to 50° C. for the roller surface temperature T-C and also, in this example, for the in this respect identical temperature values of 20° C. and 50° C. for the water bath temperature, T-W. In the optimization algorithm according to FIG. 7, the term “Start” (S1) denotes the beginning of the algorithm. see para 111- Any desired methods can be used to implement the two stages, for example machine learning algorithms, model calculations, optimisation processes, databases, mapping (for example also in the form of a lookup table, etc.), simple operations, or optimisation algorithms and future processes.)
Regarding claim 17
LOSSL does not teach wherein historical data on already completed production orders is taken into account when forming the parameter relationship.
Lettowsky further teaches wherein historical data on already completed production orders is taken into account when forming the parameter relationship. (see para 57- It is also suggested that several rolls can be assigned to an order over their identification of the roll over a data element, whereby the logistic, in the scope of a specific customer order, can be advantageously simplified. See para 401- Preferably, the data set can be used to record the different influences on a product in the production history. Ideally, the record captures—as already described—all relevant data on the product and/or its manufacturing process.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include wherein historical data on already completed production orders is taken into account when forming the parameter relationship as taught by Lettowsky for providing, retrieving and using a data element in the value chain/value creation chain of a plastic sheet material for producing a final product by means of a communication protocol and a data carrier for the over-lapping step-wise manner/step crossing exchange of a plurality of different data elements for producing the end final product within the value chain, a use of data to design a production machine or a processing machine, a process for improving the quality of a process, in particular of a production process, a logistics process or a management processes within the value creation chain of plastic sheet materials for producing a final product. (See para 002, Lettowsky)
Regarding claim 18
LOSSL further teaches wherein an adjustment of the production model is carried out on the basis of a production success at least during or after the completion of a production order on the basis of the order inquiry. (see para 42- Likewise, the product characteristics of an end product in the form of a stretched plastics film can be used to determine the production variables required for achieving said characteristics, i.e. said production variables can be adjusted to specific product characteristics of the film in the individual steps preceding the end product, i.e. at the time of producing the cast film, cooling or heating the film, lengthwise stretching that is carried out and subsequent transverse stretching, and post-treatment, etc. see para 208- The drawing according to FIG. 8 explains, in a simplified manner, the exact way in which the best quality value can be determined.)
Regarding claim 19
LOSSL further teaches, wherein a weighted neural network is used as the production model. (see para 229- The process model associates production variables and product characteristics by means of suitable methods, e.g. machine learning algorithms. In other words, this means that, within the context of said process model, the “what” is associated with the “how”, i.e. in other words what is produced how. See para 213-In this case, each quality value is characterized by i criteria k1 . . . ki, said criteria being numerical values greater than or equal to 0. The better a quality value, the lower the numerical value.)
Regarding claim 20
LOSSL further teaches wherein the at least one optimization step of the production process is performed with at least one of the following priorities: - a reduction of the production time – a reduction of raw material requirements – an increase in line efficiency – a reduction of the energy demand – a reduction of scrap production – a reduction of downtime of the film extrusion line. (see para 270-The optimal settings can be determined for example by means of an optimization algorithm, which minimizes the energy requirement of the process as a secondary condition. See para 247-A higher speed in the drawing-off direction of the plastics film would ultimately result in a reduction in the dwell time of specific portions of the plastics film in the heating or cooling phases or zones provided. The film temperature would therefore change. It is therefore usually necessary, in such cases, to adjust the temperature setting, as a result of which the speed increase makes it possible to compensate for the temperature drop (in the case of a shorter dwell time in a heating zone). As explained within the context of the present invention, an “intelligent control apparatus” could carry out the desired temperature adjustment automatically, i.e. update the corresponding temperature setting automatically to the optimal value.)
Regarding claim 21
LOSSL further teaches a computer program product stored on a non-transitory computer-readable medium comprising instructions which, when the program is executed on a computer, cause the computer to perform the method of claim 11. (See para 288- The control apparatus according to the invention, comprising a sensor module and a process module that can be accommodated in common hardware or can for example also be separated, in terms of hardware, into a sensor module and a process module and can be combined as desired, is also suitable, owing to the microprocessor-controlled overall structure and design of the switching means, for now implementing specific assistance systems.)
7. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over LOSSL et al. (US 20190240888 A1) in view of Lettowsky et al. (PUB NO: US20190240889A1) and further in view of Schumacher et al. (US 2019/0315037) and still further in view of Backmann (PUB NO: US20180093405A1)
Regarding claim 14
LOSSL does not teach wherein the performing comprising performing, a comparison between the order inquiry and at least one of at least one further order inquiry or at least one already existing production order, and creating a sequence of at least two production orders on the basis of the result of the comparison.
Lettowsky further teaches creating a sequence of at least two production orders on the basis of the result of the comparison;(see para 279- 280- A “process chain” is understood as the chronological sequence of several processes. It is also conceivable, inter alia, that a semi-finished product or a product between two processing steps is pieced and the subsequent operation step is performed parallel on a plurality of production machines or further-processing machines. Among other things, it is proposed here to optimize the sequence of a process chain. It is also conceivable, among other things, that the order of two processes within a process chain is changed. See para 310-The production planning designs a plan about the procedure to be followed, wherein the production control modifies this plan, if necessary, with high dynamics, and can react to unforeseen events. See para 410 (events-order change))
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include creating a sequence of at least two production orders on the basis of the result of the comparison as taught by Lettowsky in the system of LOSSL for providing, retrieving and using a data element in the value chain/value creation chain of a plastic sheet material for producing a final product by means of a communication protocol and a data carrier for the over-lapping step-wise manner/step crossing exchange of a plurality of different data elements for producing the end final product within the value chain, a use of data to design a production machine or a processing machine, a process for improving the quality of a process, in particular of a production process, a logistics process or a management processes within the value creation chain of plastic sheet materials for producing a final product. (See para 002, Lettowsky)
The combination of LOSSL, Schumacher and Lettowsky does not teach performing, a comparison between the order inquiry and at least one of at least one further order inquiry or at least one already existing production order.
In the related field of invention, Backmann teaches performing, a comparison between the order inquiry and at least one of at least one further order inquiry or at least one already existing production order. (see para 10-comparing the predetermined production stability to a threshold value of stability. (See para 20-21-It is a further advantage, when the production stability for a multi-layer film is simulated in a method according to the invention, in particular when at least two, preferably all different orders of the supply device are simulated when changing the material in terms of the production stability, which is to be expected. A simulation is thereby preferably carried out for the entire multi-layer film, so that preferably two or even all different orders are simulated. It is further advantageous, when, in the case of a method according to the invention the steps of predetermining and of comparing are carried out for all supply devices, and when an order of the supply devices for changing the material is subsequently provided.)
Examiner note: By simulating multiple orders (i.e., comparing the stability of one order against other potential order inquiries), the method is using a "further order inquiry" for comparison.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include performing, a comparison between the order inquiry and at least one of at least one further order inquiry or at least one already existing production order taught by Backmann in the system of LOSSL, Schumacher and Lettowsky in order to monitor production stability varies while changing the material and thus improves changing the material in a cost-efficient and simple manner or to make it safer, respectively. (See para 004-005, Backmann)
8. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over LOSSL et al. (US 20190240888 A1) in view of Lettowsky et al. (PUB NO: US20190240889A1).
Regarding claim 22
LOSSL teach a method for a model-based determination for processing : (see abstract and fig 1-An improved control apparatus for producing plastic films and an associated improved method are distinguished, inter alia, by the following features: —the control apparatus has two stages or at least two stages, —the control apparatus comprises, for this purpose, a sensor module and/or a sensor model and a process module and/or a process model, —the machine-dependent sensor module and/or sensor model and the production-dependent process module and/or process model are linked or can be linked to one another via production variables, —adjustable machine variables are connected or linked to plant production variables via the sensor module and/or the sensor model. See para 003- In other words, the invention relates to all possible manufacturing methods for manufacturing plastics films, the manufacture of flat sheet films of this kind on the various types of stretching units, including the manufacture of cast films and the manufacture of blown films, including the mentioned double-bubble blown films, being known in principle to a person skilled in the art)
- capture at least one output parameter of a production model to capture a requested film product property , (see para 75-83-Process variables are characteristics of the material to be processed, across the entire production process. Typical variables are the film temperature, film tension, film thickness, etc. Process variables comprise production variables and product characteristics. The product characteristic is a process variable that describes the final product, e.g. film thickness. The production variable is a process variable that describes the production process in all production stages, e.g. film temperature and film tension. The process model qualitatively and quantitatively establishes the link between the production variables and product characteristics. The process model acts bidirectionally, i.e. product characteristics can be concluded from production variables and vice versa. In this case, the process model can be implemented in a process module.)
- form a parameter relationship between the at least one captured output parameter and at least one input parameter of the production model, (see para 82-The process model qualitatively and quantitatively establishes the link between the production variables and product characteristics. The process model acts bidirectionally, i.e. product characteristics can be concluded from production variables and vice versa. In this case, the process model can be implemented in a process module. See para 219- 245-A process model provides the association between the production variables of ongoing or hypothetical production and the product characteristics of the product created by means of said production. Said model thus reproduces a significant part of a production process, specifically such that machine processing of said reproduction is possible, in particular using information technology systems. The process model associates production variables and product characteristics by means of suitable methods, e.g. machine learning algorithms. In other words, this means that, within the context of said process model, the “what” is associated with the “how”, i.e. in other words what is produced how. A specific process is given which achieves specific product characteristics proceeding from specific production variables. A process model ensures the association between the production variables and the product characteristics. See para 101)
Examiner note: In the Examiner position that product characteristics are output parameters, while production variables (or process parameters) are the input parameters that influence those product characteristics. For example, film thickness is the output parameter.
- generating at least one operating parameter based on the formed parameter relationship as a default for operating a production process. (see para 111- Any desired methods can be used to implement the two stages, for example machine learning algorithms, model calculations, optimization processes, databases, mapping (for example also in the form of a lookup table, etc.), simple operations, or optimization algorithms and future processes. See para 147- Said machine variables are then automatically transferred into a pre-existing plant control system, for example one or more programmable logic controllers, and made effective in an appropriate manner. see para 174-179-The film temperature at the end of each plant segment is transferred, as the input temperature, to the immediately following segment. The segmented processing thus allows calculation inter alia for positions that are important for the process. It is thus possible to establish a correlation between a machine variable that is to be set, e.g. for the temperature, and a film temperature that is actually determined thereby. Said correlation conditions apply bidirectionally. In other words, if a specific film temperature is set, then a specific machine variable would also be correspondingly adjusted thereby in order to generate said temperature. If, vice versa, a temperature value is changed on the machine variable, this leads, according to the correlation conditions or the transfer function, to a modified value with respect to the film temperature.)
controlling the film extrusion line based on the at least one operating parameter by adjusting one or more of: extruder feed rates, die temperature settings, or material blend ratios. (see para 135- On the basis thereof, the process model assigns the corresponding production variables to the individual manufacturing phases (correlates the corresponding production variables), which variables are then in turn correlated, by means of the sensor model and according to the plant, with machine variables which are accordingly set automatically. See para 147- in combination with optimization algorithms, in order to find suitable machine variables. Said machine variables are then automatically transferred into a pre-existing plant control system, for example one or more programmable logic controllers, and made effective in an appropriate manner. See para 189- When producing a cast film, the melt is deposited from a slot die (via a die lip) onto a chill roll that is at a specified temperature. See para 247- As explained within the context of the present invention, an “intelligent control apparatus” could carry out the desired temperature adjustment automatically, i.e. update the corresponding temperature setting automatically to the optimal value.)
LOSSL does not explicitly teaches processing order inquiry, film product property of the order inquiry and generate an order response based on the at least one operating parameter for responding to the order inquiry, wherein the order response directly or indirectly contains the at least one operating parameter;
In the related field of invention, Lettowsky teaches processing order inquiry; (See para 100- This is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. See para 174- communication options of the provider and/or a supplier of raw materials (telephone number, automatically drafted e-mail for orders or the like and/or commercial data (raw materials still in stock, already made reorders and the like) and/or a communication possibility of a customer. See para 303- The term “production planning” refers in particular to the operative, temporal, quantitative and spatial planning, control, management and control of all operations that are necessary in the production of ware and goods. See para 360- In a holistic integration, order data from an operational data detection system can also be used to determine the production volume. see para 417- The evaluation of a data element can be model based. It comes into use, in particular, a heuristic model, a correlation-based model, an optimization model or another model for data analysis.)
film product property of the order inquiry; (see para 80-A “product characteristic” is a physical or chemical property of a product, in particular a semi-finished product or a final product. Examples of product properties of sheet material are density, geometry, transparency and much more. The sum of several product properties can also be referred to as the “quality” of a product. See para 100- This is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. See para 174- communication options of the provider and/or a supplier of raw materials (telephone number, automatically drafted e-mail for orders or the like and/or commercial data (raw materials still in stock, already made reorders and the like) and/or a communication possibility of a customer. See para 303- The term “production planning” refers in particular to the operative, temporal, quantitative and spatial planning, control, management and control of all operations that are necessary in the production of ware and goods. See para 360- In a holistic integration, order data from an operational data detection system can also be used to determine the production volume.)
generate an order response based on the at least one operating parameter for responding to the order inquiry, wherein the order response directly or indirectly contains the at least one operating parameter. (see para 100- his is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. see para 236-Additional information added to a data element as information can relate the date of manufacture, machine setting values, process parameters and quality parameters of the semi-finished products. see para 450-by means of a communication protocol, order-relevant data are returned to an EPA system)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include processing order inquiry and film product property of the order inquiry and generate an order response based on the at least one operating parameter for responding to the order inquiry, wherein the order response directly or indirectly contains the at least one operating parameter as taught by Lettowsky in the system of LOSSL for providing, retrieving and using a data element in the value chain/value creation chain of a plastic sheet material for producing a final product by means of a communication protocol and a data carrier for the over-lapping step-wise manner/step crossing exchange of a plurality of different data elements for producing the end final product within the value chain, a use of data to design a production machine or a processing machine, a process for improving the quality of a process, in particular of a production process, a logistics process or a management processes within the value creation chain of plastic sheet materials for producing a final product. (See para 002, Lettowsky)
9. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over LOSSL et al. (US 20190240888 A1) in view of Lettowsky et al. (PUB NO: US20190240889A1) and further in view of Backmann (PUB NO: US20180093405A1)
Regarding claim 23
LOSSL teach a method for a model-based determination for processing : (see abstract and fig 1-An improved control apparatus for producing plastic films and an associated improved method are distinguished, inter alia, by the following features: —the control apparatus has two stages or at least two stages, —the control apparatus comprises, for this purpose, a sensor module and/or a sensor model and a process module and/or a process model, —the machine-dependent sensor module and/or sensor model and the production-dependent process module and/or process model are linked or can be linked to one another via production variables, —adjustable machine variables are connected or linked to plant production variables via the sensor module and/or the sensor model. See para 003- In other words, the invention relates to all possible manufacturing methods for manufacturing plastics films, the manufacture of flat sheet films of this kind on the various types of stretching units, including the manufacture of cast films and the manufacture of blown films, including the mentioned double-bubble blown films, being known in principle to a person skilled in the art)
- capture at least one output parameter of a production model to capture a requested film product property , (see para 75-83-Process variables are characteristics of the material to be processed, across the entire production process. Typical variables are the film temperature, film tension, film thickness, etc. Process variables comprise production variables and product characteristics. The product characteristic is a process variable that describes the final product, e.g. film thickness. The production variable is a process variable that describes the production process in all production stages, e.g. film temperature and film tension. The process model qualitatively and quantitatively establishes the link between the production variables and product characteristics. The process model acts bidirectionally, i.e. product characteristics can be concluded from production variables and vice versa. In this case, the process model can be implemented in a process module.)
- forming a parameter relationship between the at least one captured output parameter and at least one input parameter of the production model, (see para 82-The process model qualitatively and quantitatively establishes the link between the production variables and product characteristics. The process model acts bidirectionally, i.e. product characteristics can be concluded from production variables and vice versa. In this case, the process model can be implemented in a process module. See para 219- 245-A process model provides the association between the production variables of ongoing or hypothetical production and the product characteristics of the product created by means of said production. Said model thus reproduces a significant part of a production process, specifically such that machine processing of said reproduction is possible, in particular using information technology systems. The process model associates production variables and product characteristics by means of suitable methods, e.g. machine learning algorithms. In other words, this means that, within the context of said process model, the “what” is associated with the “how”, i.e. in other words what is produced how. A specific process is given which achieves specific product characteristics proceeding from specific production variables. A process model ensures the association between the production variables and the product characteristics. See para 101)
Examiner note: In the Examiner position that product characteristics are output parameters, while production variables (or process parameters) are the input parameters that influence those product characteristics. For example, film thickness is the output parameter.
- generating at least one operating parameter based on the formed parameter relationship as a default for operating a production process on a film extrusion line. (see para 111- Any desired methods can be used to implement the two stages, for example machine learning algorithms, model calculations, optimization processes, databases, mapping (for example also in the form of a lookup table, etc.), simple operations, or optimization algorithms and future processes. See para 147¬ Said machine variables are then automatically transferred into a pre-existing plant control system, for example one or more programmable logic controllers, and made effective in an appropriate manner. see para 174-179-The film temperature at the end of each plant segment is transferred, as the input temperature, to the immediately following segment. The segmented processing thus allows calculation inter alia for positions that are important for the process. It is thus possible to establish a correlation between a machine variable that is to be set, e.g. for the temperature, and a film temperature that is actually determined thereby. Said correlation conditions apply bidirectionally. In other words, if a specific film temperature is set, then a specific machine variable would also be correspondingly adjusted thereby in order to generate said temperature. If, vice versa, a temperature value is changed on the machine variable, this leads, according to the correlation conditions or the transfer function, to a modified value with respect to the film temperature.)
initiating operation of a film extrusion line based on the at least one operating parameter. (see para 147-148- However, usually comprehensive calculations are required, in combination with optimization algorithms, in order to find suitable machine variables. Said machine variables are then automatically transferred into a pre-existing plant control system, for example one or more programmable logic controllers, and made effective in an appropriate manner. Thus, ultimately, all the components of a plant are set to the machine variables determined by the system.)
LOSSL does not explicitly teaches processing order inquiry film product property of the order inquiry and processing order inquiry and film product property of the order inquiry. compare the at least one operating parameter with at least one of: (i) at least one further order inquiry, or (ii) at least one existing production order, create, based on a result of the comparison, a production sequence for at least two production orders, and adjust a chronological sequence of the at least two production orders based on the result of the comparison;
In the related field of invention, Lettowsky teaches processing order inquiry; (See para 100- This is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. See para 174- communication options of the provider and/or a supplier of raw materials (telephone number, automatically drafted e-mail for orders or the like and/or commercial data (raw materials still in stock, already made reorders and the like) and/or a communication possibility of a customer. See para 303- The term “production planning” refers in particular to the operative, temporal, quantitative and spatial planning, control, management and control of all operations that are necessary in the production of ware and goods. See para 360- In a holistic integration, order data from an operational data detection system can also be used to determine the production volume. see para 417- The evaluation of a data element can be model based. It comes into use, in particular, a heuristic model, a correlation-based model, an optimization model or another model for data analysis.)
film product property of the order inquiry; (see para 80-A “product characteristic” is a physical or chemical property of a product, in particular a semi-finished product or a final product. Examples of product properties of sheet material are density, geometry, transparency and much more. The sum of several product properties can also be referred to as the “quality” of a product. See para 100- This is especially important when dynamic changes occur, for example with regard to delivery bottlenecks in the raw materials or in a similar way important in connection with call orders or just-in-time deliveries. See para 174- communication options of the provider and/or a supplier of raw materials (telephone number, automatically drafted e-mail for orders or the like and/or commercial data (raw materials still in stock, already made reorders and the like) and/or a communication possibility of a customer. See para 303- The term “production planning” refers in particular to the operative, temporal, quantitative and spatial planning, control, management and control of all operations that are necessary in the production of ware and goods. See para 360- In a holistic integration, order data from an operational data detection system can also be used to determine the production volume.)
create, (see para 279- 280- A “process chain” is understood as the chronological sequence of several processes. It is also conceivable, inter alia, that a semi-finished product or a product between two processing steps is pieced and the subsequent operation step is performed parallel on a plurality of production machines or further-processing machines. Among other things, it is proposed here to optimize the sequence of a process chain. It is also conceivable, among other things, that the order of two processes within a process chain is changed. See para 310-The production planning designs a plan about the procedure to be followed, wherein the production control modifies this plan, if necessary, with high dynamics, and can react to unforeseen events. See para 410 (events-order change))
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include processing order inquiry and film product property of the order inquiry. performing, based on the at least one operating parameter, one or more of the following:(a) selecting a film extrusion line for performing the production process from a plurality of different film extrusion lines based on the production model evaluating which line will most efficiently produce the film product according to the order inquiry, and operating the selected film extrusion line, and (b) selecting a raw material for an operation of the film extrusion line, automatically configuring operational settings of the film extrusion line prior to initiating the production process for the raw material as taught by Lettowsky in the system of LOSSL for providing, retrieving and using a data element in the value chain/value creation chain of a plastic sheet material for producing a final product by means of a communication protocol and a data carrier for the over-lapping step-wise manner/step crossing exchange of a plurality of different data elements for producing the end final product within the value chain, a use of data to design a production machine or a processing machine, a process for improving the quality of a process, in particular of a production process, a logistics process or a management processes within the value creation chain of plastic sheet materials for producing a final product. (See para 002, Lettowsky)
The combination of LOSSL and Lettowsky does not teach compare the at least one operating parameter with at least one of: (i) at least one further order inquiry, or (ii) at least one existing production order.
In the related field of invention, Backmann teaches compare the at least one operating parameter with at least one of: (i) at least one further order inquiry, or (ii) at least one existing production order, (see para 10-comparing the predetermined production stability to a threshold value of stability. (See para 20-21-It is a further advantage, when the production stability for a multi-layer film is simulated in a method according to the invention, in particular when at least two, preferably all different orders of the supply device are simulated when changing the material in terms of the production stability, which is to be expected. A simulation is thereby preferably carried out for the entire multi-layer film, so that preferably two or even all different orders are simulated. It is further advantageous, when, in the case of a method according to the invention the steps of predetermining and of comparing are carried out for all supply devices, and when an order of the supply devices for changing the material is subsequently provided.)
Examiner note: By simulating multiple orders (i.e., comparing the stability of one order against other potential order inquiries), the method is using a "further order inquiry" for comparison.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of producing plastic films as disclosed by LOSSL to include compare the at least one operating parameter with at least one of: (i) at least one further order inquiry, or (ii) at least one existing production order as taught by Backmann in the system of LOSSL and Lettowsky in order to monitor production stability varies while changing the material and thus improves changing the material in a cost-efficient and simple manner or to make it safer, respectively. (See para 004-005, Backmann)
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lettowsky et al. US 20200047391 A1
Discussing a method of monitoring a production process for an extrusion product by means of a production facility, a method of indirectly deducing a systematic dependency in a production process for an extrusion product, a method for adapting the quality of an extrusion product manufactured with a production facility, a method for starting a production process, a method for producing an extrusion product and a system for producing an extrusion product.
Kurz et al. US 20030208287 A1.
Discussing a method and a device are provided for calculating in advance the process variables of an industrial process. The method, which consists of at least one empirical model and a core model, is subsequently adapted and optimized using a model that has a partial inverse structure in relation to the core model. The empirical models are optimized by means of adaption or training algorithms, which, in addition to known process parameters, have the empirical variables calculated by the partial inverse core model as basic input variables.
8. All claims 11-23 are rejected.
9. 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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/PURSOTTAM GIRI/Examiner, Art Unit 2186
/RENEE D CHAVEZ/Supervisory Patent Examiner, Art Unit 2186