DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 (i.e., changing from AIA to pre-AIA ) 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. The applicant's submission, the “AMENDMENT ACCOMPANYING REQUEST FOR CONTINUED EXAMINATION” of 17 November 2025 (hereinafter referred to as the “Amendment”), has been entered.
Status of the Claims
The pending claims in the present application are claims 1-6, 9, and 10, as presented in the Amendment.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1-6, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Int’l Pub. No. 2021/092263 A1 to Cella et al. (hereinafter referred to as “Cella”), in view of U.S. Pat. App. Pub. No. 2002/0067833 A1 to Han et al. (hereinafter referred to as “Han”), further in view of Kim, C-H., et al. "A modeling approach for designing a value chain of virtual enterprise." The International Journal of Advanced Manufacturing Technology 28.9 (2006): 1025-1030 (hereinafter referred to as “Kim”), further in view of Grooflisha. “File:CONWIP English.png.” Diagram showing push, pull, and CONWIP systems in supply chain management. WIKIMEDIA COMMONS, 07 May 2021 (last accessed on 06 March 2026 via https://commons.wikimedia.org/w/index.php?title=File:CONWIP_English.png&oldid=1045804549) (hereinafter referred to as “Grooflisha”), and further in view of Ross, David. F. “What is “push” and “pull” distribution? - Part 23.” ASCM Insights, 23 January 2017 (last accessed on 06 March 2026 via https://www.ascm.org/ascm-insights/what-is-push-and-pull-distribution--part-23/) (hereinafter referred to as “Ross”).
Regarding claim 1, Cella discloses the following limitations:
“A value chain planning apparatus for a value chain from material procurement to sales of a product in which at least two or more business entities participate, the value chain planning apparatus comprising: a first processor configured to ...” - Cella discloses, “information technology ... systems for management of value chain network entities” (para. [0002]), “the value chain network entities are selected from the group consisting of products, suppliers, producers, manufacturers, retailers” (para. [0112]), and “the digital twin system 8004 is executed by a computing system (e.g., one or more servers) that may include a processing system 8100 that includes one or more processors” and “the processing system 8100 may execute one or more of a digital twin configuration system 8102, digital twin I/O system 8104, a data structuring system 8106, a digital twin generation system 8108, a digital twin perspective builder 8110, a digital twin access controller 8112, a digital twin interaction manager 8114, an digital twin simulation system 8116, and a digital twin notification system 8118” (para. [1138]). A computing system for management of value chain network entities, including suppliers, retailers, and those in between, wherein the computing system includes a processing system of one or more processors, in Cella, reads on the recited limitation.
“... recruit an execution module comprising a sequence of programmed instructions in a processor-executable format embodying a value chain agent that realizes a task included in the value chain by ...” - Cella discloses, “the set of adaptive intelligence facilities includes a digital twin system representing attributes of at least one value chain network entity of the value chain network entities controlled by the enterprise” (para. [0010]), “In an example implementation of the framework discussed in Fig. 70, the digital twin system 8004 may be configured to generate enterprise digital twins in connection with a value chain” (para. [1170]), “Fig. 71 illustrates examples of different types of enterprise digital twins, including executive digital twins, in relation to the data layer, processing layer, and application layer of the enterprise digital twin framework. In embodiments, executive digital twins may include, but are not limited to, CEO digital twins 8302, CFO digital twins 8304, COO digital twins 8306, CMO digital twins 8308, CTO digital twins 8310, CIO digital twins 8312, GC digital twins 8314, HR digital twins 8316” (para. [1171]), “The methods and systems described herein may be deployed in part or in whole through a machine that executes computer software, program codes, and/or instructions on a processor” (para. [1692]), and “according to software or hardware engineering practices, the depicted elements and the functions thereof may be implemented on machines through computer executable code using a processor capable of executing program instructions stored thereon as a monolithic software structure, as standalone software modules, or as modules that employ external routines, code, services” (para. [1703]). Using a software module that includes a machine executing instructions on a processor, to implement a digital twin of a value chain network entity, in Cella, reads on the recited limitation.
“... generating and outputting a web page containing agent recruitment information; and ...” - Cella discloses, “warehouse digital twin kit system 5000 may provide the portfolio overview of warehouse entities 654 to owner 5008 in the form of a 3D information map containing all the warehouse entities 654. Owner 5008 may select a specific entity on the map and get information about inventory, operational and health data from the warehousing twin 1710” and “The owner 5008 may also display the information from warehouse digital twin kit system 5000 on a website or marketing material to be accessed by any customers, suppliers, vendors and other partners” (para. [00745]). Displaying digital twin information on the website, in Cella, reads on the recited limitation. See also the GUI and dashboard aspects of Cella mentioned below.
“... receiving, via an input screen, an agent registration request including the execution module and information indicating a behavior value of the value chain agent associated with the execution module; ...” - Cella discloses, “the VCNP 604 may further include a dashboard 1740 for managing a set of digital twins 1700. In embodiments, this may include different twins, such as where one digital twin 1700 represents a set of supply chain entities, workflows and assets and another digital twin 1700 represents a set of demand management entities and workflows. In some example embodiments, managing a set of digital twins 1700 may refer to configuration (e.g., via the dashboard 1740) as described in the disclosure. For example, the digital twin 1700 may be configured through use of a digital twin configuration system to set up and manage the enterprise digital twins and associated metadata of an enterprise, to configure the data structures and data listening threads that power the enterprise digital twins, and to configure features of the enterprise digital twins, including access features, processing features, automation features, reporting features, and the like, each of which may be affected by the type of enterprise digital twin (e.g., based on the role(s) that it serves, the entities it depicts, the workflows that it supports or enables and the like). In example embodiments, the digital twin configuration system may receive the types of digital twins that may be supported for the enterprise, as well as the different objects, entities, and/or states that are to be depicted in each type of digital twin” (para. [0684]), “It will be apparent that the ability to integrate digital twins of the value chain network entities 652 may be used to generate a value chain network digital twin system from a plurality of digital twin subsystems representing entities selected from among supply chain entities, demand management entities and value chain network entities” (para. [0729]), and “the on-boarding user may select different types of digital twins that will be supported for the enterprise by the EMP 8000 via a GUI presented by the enterprise configuration system 8002. For example, the user may select different types role-based digital twins from a menu of digital twin types, where the different types of role-based digital twins include executive digital twins. As another example, the user may select a type of organizational digital twin that is suitable for the user’s organization, such as from a library of industry-specific or domain-specific organizational templates. In some embodiments, each type of executive digital twin has a predefined set of states (such term as referenced herein encompassing states, entities, relationships, parameters, and other characteristics) that are depicted in the respective executive digital twin and predefined granularity levels and/or other features for each state of the set. In some embodiments, the set of states that are depicted in the executive digital twin, the granularity of each, and/or other features may be customized (e.g., by the on-boarding user). In these embodiments, a user may define the different states that are represented in each type of executive digital twin and/or the granularity for each of the states depicted in the digital twin” (para. [01109]). Receiving, via the dashboard and/or the GUI, selections defining states and operations of digital twins, in Cella, reads on the recited limitation.
“... register the execution module as a designated value chain agent when receiving an application that includes the execution module by ...” - Cella discloses, “the client devices 8050 may execute one or more client applications 8052 that interface with the EMP 8000. In embodiments, a client application 8052 may request and display one or more enterprise digital twins. In some of these embodiments, a client application 8052 may depict an executive digital twin corresponding to the role of the user. For example, if the user is designated as the Chief Marketing Officer, the EMP 8000 may provide a CMO digital twin of the enterprise of the user” (para. [1133]). Designating a digital twin corresponding to a role of a user as the digital twin for an enterprise of the user, via a client application for digital twins, in Cella, reads on the recited limitation.
“... storing the execution module, and information indicating a behavior of the value chain agent associated with the execution module, in a memory; and ...” - See the aspects of Cella that have been cited above. Cella also discloses, “the platform 604 may include a unified database 1590” and “The unified database 1590 may thus provide, in embodiments, unification of data storage, access and handling for an enterprise over a range of assets, such as supply chain infrastructure facilities 1560 and other value chain network entities 652 that are involved as a product 650 travels from a point of origin through distribution and retail channels to an environment where it is used by a customer” (para. [0501]), and “the platform 604 may include a machine vision system 1600 and a digital twin system 1700” (para. [0520]). Storing digital twin data, defining states and operations of digital twins, in the unified database, in Cella, reads on the recited limitation.
“... setting, by the first processor, a status indicator associated with the execution module to indicate a new status, and storing the new status indicator in the memory; ...” - See the aspects of Cella that have been cited above. Cella also discloses, “The digital representation for a digital twin may include a set of data structures (e.g., classes of objects) that collectively define a set of properties, attributes, and/or parameters of a represented physical asset, device, or environment, possible behaviors or activities thereof and/or possible states or conditions thereof, among other things. For example, a set of properties of a physical asset may include a type of the physical asset, the shape and/or dimensions of the asset, the mass of the asset, the density of the asset, the material(s) of the asset, the physical properties of the material(s), the chemical properties of the asset, the expected lifetime of the asset, the surface of the physical asset, a price of the physical asset, the status of the physical asset, a location of the physical asset, and/or other properties, as well as identifiers of other digital twins contained within or linked to the digital twin and/or other relevant data sources that may be used to populate the digital twin (such as data sources within the management platform described herein or external data sources, such as environmental data sources that may impact properties represented in the digital twin (e.g., where ambient air pressure or temperature affects the physical dimensions of an asset that inflates or deflates)” (para. [0627]), “the properties of a digital twin may be adjusted. For example, the temperature of a digital twin, a humidity of a digital twin, the shape of a digital twin, the material of a digital twin, the dimensions of a digital twin, or any other suitable parameters may be adjusted to conform to current status data and/or to a predicted status of a corresponding entity” (para. [0628]), “the status information for the value chain network involves a wide range of states, events, workflows, activities, occurrences, or the like” (para. [0675]), and “The dashboard may be used to configure the digital twins 1700 for use in collection, processing, and/or representation of information collected in the platform 604, such as status information 1730” (para. [0685]). The platform providing status data for digital twins, and adjusted status data, and storing the data in the data structures and the unified database, in Cella, reads on the recited limitation.
“... executing, by the first processor, the execution module registered as the designated value chain agent for two or more tasks included in the value chain, by ...” - Cella discloses, “the executive digital twins may link to, interact with, integrate with and/or be used by a number of different applications. For example, the executive digital twins may be used in automated AI-reporting tools 8360” (para. [1293]). Implementing a digital twin for a value chain entity by using the digital twin to perform actions for a simulation, in Cella, reads on the recited limitation.
“... receiving a value chain design via an input screen; ...” - See the aspects of Cella that have been cited above. Cella also discloses, “the digital twin system outputs a graphical representation of the package digital twin in a graphical user interface, whereby a user edits the packaging design via the graphical user interface” (para. [0073]). Receiving inputs about digital twins via the websites, GUIs, and dashboards, in Cella, reads on the recited limitation.
“... executing instructions of the execution module using test data to perform a plurality of simulations each executing a different combination of registered execution modules for each of the tasks in the designated value chain according to a sales plan, a delivery quantity, and a delivery date and time; and ...” - Cella discloses, “a digital twin system that generates an environment digital twin of a logistics environment that incorporates the logistics system design recommendation, and one or more physical asset digital twins of physical assets. The digital twin system executes a simulation based on the logistics environment digital twin, the one or more physical asset digital twins” (Abstract), “Referring to Fig. 10, the set of applications 630 provided on the VCNP 604, integrated with the VCNP 604 and/or managed by or for the VCNP 604 and/or involving a set of value chain network entities 652 may include, without limitation, one or more of any of a wide range of types of applications, such as: a supply chain management application 812 (such as, without limitation, for management of timing, quantities, logistics, shipping, delivery, and other details of orders for goods, components, and other items)” (para. [0353]), “The digital replica may provide a hypothetical simulation of the set of value chain entities” and “The digital replica allows for simulation of the set of value chain entities during both design and operation phases of the set of value chain entities, as well as simulation of hypothetical operation conditions and configurations of the set of value chain entities” (para. [0540]), “features may include what is being shipped (e.g., the type(s) of goods in the shipment), the size of the shipment, the source and destination, the date when the shipment is to be sent off, and/or the desired date or range of dates for delivery” (para. [0636]), “delivery system twins” (para. [0702]), “the ability to integrate digital twins of the value chain network entities 652 may be used to generate a value chain network digital twin system from a plurality of digital twin subsystems representing entities selected from among supply chain entities, demand management entities and value chain network entities” (para. [0729]), “Some examples of operating parameters include: product demand, procurement lead time, productivity, inventory level at one or more warehouses, inventory turnover rates, warehousing costs, average time to transport product from warehouse to shipping terminals” (para. [0765]), “a model 5750 is trained to select advertisement features to optimize one or more outcomes (e.g., maximize product sales for a product 650 in the value chain network 668)” (para. [0828]), “the enterprise configuration system 8002 (in combination with the digital twin system 8004) is configured to generate organizational digital twins that represent an organizational structure of an enterprise. In some embodiments, the organizational digital twin may depict individuals/roles occupying the management and expert levels of an enterprise. Alternatively, the organizational digital twin may include a workforce digital twin that represents the entire workforce of an enterprise, including all the employees and/or contractors of the enterprise, or a defined part thereof. For example, in an enterprise setting, workforces may include ... a sales workforce, a marketing workforce, an advertising workforce ... In some embodiments, an organizational digital twin may include management-level roles within a workforce. Examples of management-level roles of an enterprise include ... a marketing manager role, a sales manager role, ... a retail manager role, ... a salesperson role” (para. [1113]), “an enterprise management platform having a set of adaptive intelligent systems that operate on information collected in a value chain network management platform about delivery activities to populate attributes of a digital twin of a delivery system” (para. [01572], and “a digital twin system that generates a digital twin of a process that incorporates the waste mitigation decision and executes a simulation based on the digital twin. In embodiments, the digital twin system outputs a graphical representation of the digital twin to a display, whereby a user views the simulation via the display” (para. [01706]). Instructing digital twins to operate under set conditions and using set configurations, to simulate multiple value chain entities, according to sales, sales management, retail management, advertising, marketing, delivery activities, transport times, shipment dates, delivery dates, and the like, in Cella, reads on the recited limitation.
“... measuring a KPI for a result of the simulation; ...” - Cella discloses, “the AI-reporting tool 8360 may be configured to monitor one or more user-defined key performance indicators (KPIs)” (para. [1295]), and “the EMP 8000 may present participants in the video conference with the requested view of an enterprise digital twin. For example, during a Board meeting, a CTO proposing an update to the machinery or equipment in a facility may present an environment digital twin of the facility where the updates to the machinery or equipment would be made. In this example, the CTO may illustrate the results of simulations performed in the facility without the updates and with the updates. The simulation may illustrate how the update may benefit the enterprise using a number of selected metrics (e.g., throughput, profits, employee safety, or the like)” (para. [1296]). Implementing a digital twin for a value chain entity by using the digital twin to perform a simulation, and illustrating KPIs or similar metrics based thereon, in Cella, reads on the recited limitation.
“... calculate, by the first processor, a reward score corresponding to an execution result obtained for the execution module executed in the simulation; and ...” - Cella discloses, “a method is provided for maintaining an information technology architecture that supports a digital twin of a set of physical entities” and “integrating an artificial intelligence system with the information technology architecture, wherein the artificial intelligence system is configured to operate as a double of an expert worker for a defined role of the enterprise and wherein an electronic account associated with the expert worker is awarded with a benefit for training the artificial intelligence system” (para. [0180]), “a benefit may be a reward based on the outcomes of the use of the artificial intelligence system, a reward based on the productivity of the artificial intelligence system and/or a reward based on a measure of the expertise of the artificial intelligence system” (para. [0181]), “a benefit may be a share of revenue or profit generated by the work of the artificial intelligence system and/or a reward that is tracked via a distributed ledger on a blockchain that captures information associated with a set of actions and events involving the artificial intelligence system” (para. [0182]), and “the platform 604 may include, integrate, integrate with, manage, control, coordinate with, or otherwise handle any of a wide variety of digital twins 1700” and “Each of these may have characteristics of digital twins described throughout this disclosure and the documents incorporated by reference herein, such as mirroring or reflecting changes in states of associated physical objects or other entities, providing capabilities for modeling behavior or interactions of associated physical objects or other entities, enabling simulations” (para. [0439]). Determining a reward based on productivity or expertise of an artificial intelligence system integrated with an information technology architecture for a digital twin, in the context of performing simulations, in Cella, reads on the recited limitation.
“... output the reward score to a second processor via a network, ...” - Cella discloses, “a reward may be administered via a smart contract operating on the blockchain” (para. [0183]). Administering a reward via a smart contract operating on a blockchain that involves blockchain nodes (computers), in Cella, reads on the recited limitation.
“... wherein the registering of the execution module of the designated value chain agent further comprises inspecting, by the first processor, in a secure environment that does not affect other processing activities, the behavior value of the value chain agent associated with the execution module registered as the designated value chain agent to determine whether the behavior value indicates a correct and safe behavior, ...” - See the aspects of Cella that have been referenced above. Cella also discloses, “the adaptive intelligent systems layer 614 may, for each set of parameters, execute a simulation based on the set of parameters and may collect the simulation outcome data resulting from the simulation. Put another way, the adaptive intelligent systems layer 614 may collect the properties of the digital twin and the digital twins within or containing the digital twin used during the simulation as well as any outcomes stemming from the simulation. For example, in running a simulation on a digital twin of a shipping container, the adaptive intelligent systems layer 614 can vary the materials of the shipping container and can execute simulations that outcomes resulting from different combinations. In this example, an outcome can be whether the goods contained in the shipping container arrive to a destination undamaged” (para. [0630]). Selecting digital twins for use, and making selections of parameters for the individual digital twins, to determine whether outcomes of the simulations indicate whether goods arrive undamaged, in Cella, reads on the recited limitation.
The combination of Cella and Han (hereinafter referred to as “Cella/Han”) teaches limitations below of claim 1 that do not appear to be disclosed in their entirety by Cella:
“... wherein the first processor is further configured to perform the inspecting of the execution module registered as the designated value chain agent by extracting and executing the executable code of the execution module registered as the designated value chain agent in a processor-executable format without inspecting a source code of the execution module registered as the designated value chain agent, such that the participating business entity associated with the execution module registered as the designated value chain agent prevents disclosure of the source code of the execution module registered as the designated value chain agent to any other of the at least two or more participating business entities, ...” - See the aspects of Cella that have been referenced above. Cella also discloses, “a user may define one or more restrictions, permissions, and/or access rights of the individuals indicated in the organizational digital twin via the enterprise configuration system 8002. In embodiments, a restriction may define one or more types of data or features that a particular user or group of users is not allowed to access (either directly or in a digital twin). In embodiments, an access right may define one or more types of data or features that a particular user or group of users may access and the type of access that a user or group of users can access” (para. [1116]). A processor implementing a digital twin and reporting a result, by using processor-executable software designed therefore, in Cella, reads on the recited “wherein the first processor is further configured to perform the inspecting of the execution module registered as the designated value chain agent by extracting and executing the executable code of the execution module registered as the designated value chain agent in a processor-executable format” limitation. While Cella discloses restrictions, permissions, and/or access rights to data and functionality, Cella does not appear to provide specifics. Han discloses, “Software programmers use programming languages such as C++ to write programs in human-readable form commonly referred to as source code. To execute such programs, however, the source code must first be translated into machine-readable form commonly referred to as object code or binary executable code” (para. [0002]), “Software vendors distribute their programs in object code form, because it is convenient that way for their customers since they do not have to compile the programs first before running them. Also, distributing the programs as object code provides some measure of security for the software vendor against unauthorized copying of their programs since the object code is not readily readable” (para. [0003]), “Customers cannot perform their own maintenance, because they to not have access to the source code” (para. [0004]), “Source code escrows ensure that customers have access to the source code in the event that any one of certain release conditions detailed in an escrow agreement is met” (para. [0005]), “Another aspect of the invention is an apparatus for providing conditional access to the source code of a program. The apparatus comprises a computer that is programmed to generate encrypted source code of the program, and generate a software key to decrypt the encrypted source code. The computer is further programmed to facilitate the providing or to provide the encrypted source code to a recipient, and to facilitate the providing or to provide the software key to an escrow holder who is under instructions to provide the software key to the recipient pursuant to release conditions” (para. [0012]). Using a framework by which executable code is provided to a customer for use by the customer, but blocking the customer from access to source code, in Han, when applied in the context of the users, value chain network entities, and system operations, in Cella, reads on the recited “without inspecting a source code of the execution module registered as the designated value chain agent, such that the participating business entity associated with the execution module registered as the designated value chain agent prevents disclosure of the source code of the execution module registered as the designated value chain agent to any other of the at least two or more participating business entities” limitation.
Han discloses use of software (see Abstract), similar to the claimed invention and to Cella. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the executing of software code, in Cella, to include the source code protections, of Han, to prevent unauthorized copying of programs, per Cella (see para. [0003]).
The combination of Cella, Han, and Kim (hereinafter referred to as “Cella/Han/Kim”) teaches limitations below of claim 1 that do not appear to be taught in their entirety by Cella/Han:
“... wherein the first processor is further configured to output a planning simulation instruction graphical user interface (GUI) to a display device, the planning simulation instruction GUI comprising a market order icon, a sales company icon associated with one of a plurality of companies, a warehouse icon associated with one of a plurality of warehouses, a factory icon associated with one of a plurality of factories, and a supplier icon associated with one of a plurality of suppliers, ...” - Cella discloses, “A value chain system that provides recommendations for designing a logistics system generally includes a machine learning system that trains machine-learned models that output logistics design recommendations based on training data sets that each respectively defines one or more features of a respective logistic system and an outcome relating to the respective logistics system; an artificial intelligence system that receives a request for a logistics system design recommendation and determines the logistics system design recommendation based on one or more of the machine-learned models and the request; and a digital twin system that generates an environment digital twin of a logistics environment that incorporates the logistics system design recommendation, and one or more physical asset digital twins of physical assets. The digital twin system executes a simulation based on the logistics environment digital twin, the one or more physical asset digital twins” (Abstract), and “Orders for products were fulfilled by manufacturers through a supply chain, such as depicted in Fig. 1, where suppliers 122 in various supply environments 160, operating production facilities 134 or acting as resellers or distributors for others, made a product 130 available at a point of origin 102 in response to an order. The product 130 was passed through the supply chain, being conveyed and stored via various hauling facilities 138 and distribution facilities 134, such as warehouses 132, fulfillment centers 112 and delivery systems 114, such as trucks and other vehicles, trains, and the like. In many cases, maritime facilities and infrastructure, such as ships, barges, docks and ports provided transport over waterways between the points of origin 102 and one or more destinations 104” (para. [0004]). While FIG. 53 of Cella shows “Twins” that appear to be associated with graphical elements or icons, Cella does not explicitly describe that which is depicted. Kim, on the other hand, discloses, “3.3 Process designer” and “As shown in Fig. 5, the process designer has a tree-view and a diagram-view. In order to define a business process model, we select business process components and their ports. Then, we connect them using the ‘data flow’ button. If two or more components are connected, we use a ‘junction’ component (AND/OR/XOR split or join). A business process can be created through these iterative procedures (pp. 1028 and 1029). The lower screen of Fig. 5 shows an example of a complete business process modeled via the process designer. Kim also discloses, “To enable communications between simulation models, each simulation model is broadly classified into two parts: (1) the interface module and (2) the actual model. One entity is created at zero time and is in charge of interface with the external events. It is noted that these events must have been determined on the basis of the enterprise model (functional elements). It is noted that if a company belongs to multiple virtual enterprises, the associated simulation model interacts with multiple external events. The interface module can be implemented in Visual Basic for Arena and in C++ for ProModel and AutoMod. The actual model of each simulation is the representation of a physical facility (e.g., final assembly plant, component supplier, and transporter)” (p. 1030). The displaying of the GUI, including, for example, VBA, for modeling business processes for purposes of simulation, wherein the GUI displays visual elements representing physical facilities, of Kim, when applied in the context of the value chain facilities of Cella/Han, reads on the recited limitation.
Kim discloses a “modelling approach for designing a value chain” (title), similar to the claimed invention and to Cella/Han. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the digital twin and simulation aspects, of Cella/Han, to be created or revised using the visual interface, of Kim, to “rapidly define functional elements and evaluate functional capabilities,” per Kim (p. 1030).
The combination of Cella, Han, Kim, Grooflisha, and Ross (hereinafter referred to as “Cella/Han/Kim/Grooflisha/Ross”) teaches limitations below of claim 1 that do not appear to be taught in their entirety by Cella/Han/Kim:
“... wherein a market order output in a first direction from the market order icon is associated with a shipping instruction of the sales company icon, a sales order output in the first direction from the sales company icon is associated with a shipping order of the warehouse icon, a shipping order output in the first direction from the warehouse icon is associated with a shipping instruction of the factory icon, and a procurement plan output in the first direction from the factory icon is associated with a supply plan of the supplier icon, and a factory order output in the first direction from the factory icon is associated with a shipping instruction of the supplier icon, and ...” - See the aspects of Cella, Han, and Kim that have been referenced above. See also the discussion of “elements” and “attributes” in Cella (p. 1029). The data passed along one entity or facility to another in the business process model, in Kim, when applied in the context of the value chain facilities of Cella/Han, reads on the recited “wherein a market order output ... from the market order icon is associated with a shipping instruction of the sales company icon, a sales order output ... from the sales company icon is associated with a shipping order of the warehouse icon, a shipping order output ... from the warehouse icon is associated with a shipping instruction of the factory icon, and a procurement plan output ... from the factory icon is associated with a supply plan of the supplier icon, and a factory order output ... from the factory icon is associated with a shipping instruction of the supplier icon” limitation. While Cella/Han/Kim teaches directional flows (see, e.g., “Process Stream” in “Fig. 1” of Kim), they do not appear to read on the specific directions as claimed. Grooflisha discloses “PUSH” with “Command Signal” and “Product flow” going in one direction, and “PULL” with “Command Signal” going in a first direction and “Process flow” going in a second direction (p. 1). At least the command signal of the pull variant, in Grooflisha, when applied in the context of the business process model of Cella/Han/Kim, reads on the recited “first direction” limitation.
“... wherein a transportation flow is output in a second direct opposite the first direction in a sequence from the supplier icon to the factory icon, from the factory icon to the warehouse icon, from the warehouse icon to the sales company icon, and from the sales company icon to the market order icon.” - See the aspects of Cella, Han, Kim, and Grooflisha that have been referenced above. At least the product flow of the pull variant, in Grooflisha, when applied in the context of the business process model of Cella/Han/Kim, reads on the recited limitation.
Grooflisha discloses “supply chain management” (p. 1), similar to the claimed invention and to Cella/Han/Kim. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the business process model, of Cella/Han/Kim, to include the pull flow aspects, of Grooflisha, to “ensure the highest customer service, at the lowest cost, with the widest margin of profitability for all members of the supply chain,” per Ross (p. 2).
Regarding claim 2, Cella/Han/Kim/Grooflisha/Ross teaches the following limitations:
“The value chain planning apparatus according to claim 1, wherein the first processor is further configured to output an agent identifier associated with the designated value chain agent used in each of the plurality of simulations.” - Cella discloses, “Executive digital twins may refer to digital twins that are configured for a respective executive within an enterprise. Examples of executive digital twins may include CEO digital twins, CFO (Financial) digital twins, COO (Operations) digital twins, HR digital twins, CTO (Technology) digital twins, CMO (Marketing) digital twins, General Counsel (Legal) digital twins, CIO (Information) digital twins, and the like” (para. [1097]). A system attaching role identifiers to digital twins, wherein said roles are those of value chain network entities, in Cella, reads on the recited limitation.
Regarding claim 3, Cella/Han/Kim/Grooflisha/Ross teaches the following limitations:
“The value chain planning apparatus according to claim 1, wherein the first processor is further configured to output to a display the execution result of each simulation; and output the execution result of each simulation to an affiliated-business entity for selection of the designated value chain agent for one of the plurality of simulations.” - Cella discloses, “Enterprise digital twins may be used for a wide variety of user-facing applications that benefit from digital representation of salient features of elements of the enterprise, including monitoring of assets and operations, convenient generation and representation of a wide variety of analytic results, generation and display of simulations, such as for scenario planning, generation and display of recommendations and other decision support, collaborative decision support, and control of assets and operations, among many others” (para. [1090]), and “a user interacting with a digital twin may escalate or deescalate a state to another user associated within an enterprise. For example, a COO or other operations executive may view a COO digital twin that depicts various operations related data. In this example, the COO may escalate a particular data set depicted in the COO digital twin to the CEO” (para. [1099]). A system displaying simulations and related outputs on a user interface for a user, and displaying the simulations and related outputs to a user interface of another user that has a different role in a value chain network, in Cella, reads on the recited limitation.
Regarding claim 4, Cella/Han/Kim/Grooflisha/Ross teaches the following limitations:
“The value chain planning apparatus according to claim 1, wherein the first processor is further configured to increase the reward score for the execution module executed in the simulation when a number of times of execution of the execution module executed in the simulation increases.” - Cella discloses, “a benefit may be a reward based on the outcomes of the use of the artificial intelligence system, a reward based on the productivity of the artificial intelligence system and/or a reward based on a measure of the expertise of the artificial intelligence system” (para. [0181]). A system administering a reward amount for operations performed using the digital twin, including running simulations, resulting in additional reward amounts each time the digital twin performs operations, in Cella, reads on the recited limitation.
Regarding claim 5, Cella/Han/Kim/Grooflisha/Ross teaches the following limitations:
“The value chain planning apparatus according to claim 1, wherein the first processor is further configured to provide the reward score in accordance with an evaluation regarding an environment, a society, and a governance of an affiliated-business entity in the designated value chain.” - See the aspects of Cella that have been referenced above. A system administering a reward based on expertise of an artificial intelligence and digital twin system, in the context of a value chain network and entities therein, in Cella, reads on the recited limitation.
Regarding claim 6, Cella/Han/Kim/Grooflisha/Ross teaches the following limitations:
“The value chain planning apparatus according to claim 1, wherein the first processor is further configured to provide the reward score in response to a predetermined KPI of the affiliated-business entity in the designated value.” - See the aspects of Cella that have been referenced above. Cella also discloses, “a benefit may be a share of revenue or profit generated by the work of the artificial intelligence system and/or a reward that is tracked via a distributed ledger on a blockchain that captures information associated with a set of actions and events involving the artificial intelligence system” (para. [0182]). A system administering a reward based on resulting revenue or profit resulting from use of an artificial intelligence and digital twin system, in Cella, reads on the recited limitation.
Regarding claims 9 and 10, while the claims are of different scope relative to claim 1, the claims recite limitations similar to those recited by claim 1. As such, the rationales from the rejection of claim 1 also apply for purposes of rejecting claims 9 and 10. Claims 9 and 10 are, therefore also rejected under 35 USC 103 as obvious in view of Cella/Han/Kim/Grooflisha/Ross.
Response to Arguments
On pp. 12-17 of the Amendment, the applicant argues for reconsideration and withdrawal of the claim rejection under 35 USC 103. The rejection was based on Cella/Han/Kim. The applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. More specifically, the limitations of the claims that are allegedly missing from Cella/Han/Kim, are disclosed by Grooflisha and Ross (in combination with Cella/Han/Kim). See the 35 USC 103 section above for additional explanation.
Conclusion
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/THOMAS YIH HO/Primary Examiner, Art Unit 3624