DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1, 12, 14, 15 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim(s) 12 states
“…
an output unit configured to provide data associated with the operating state of the chemical plant, suitable for monitoring and/or controlling the chemical plant, the data generated according to claim 1”.
Claim(s) 14 states
“…
receiving data associated with the operating state of the chemical plant, suitable for monitoring and/or controlling the chemical plant as generated according to claim l
…”.
Claim(s) 15 states
“…
receiving data associated with the operating state of the chemical plant, generated according to claim 1, suitable for monitoring and/or controlling the chemical plant as generated according to the method
…”.
It is unclear if claim(s) 12, 14, 15 include all the limitations of the claim upon which it depends. It is unclear if said claims requires the execution of every step of the method of claim 1 (See 112(d) rejection(s) below).
NOTE: Examiner believes this application is a machine translation from another language, possibly German. Examiner asks the applicant to read through each limitation and amend the language to include punctuation when needed to make it easier for the reader to interpret the claimed invention.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 12, 14, 15 is/are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed towards a computer program product. Examiner advises applicant to amend the claim to include language similar to: “One or more non-transitory computer-readable medium comprising computer-readable instructions, which when executed by one or more processors, cause the one or more processors to:…”
Claim(s) 1-15 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more (See 2019 Update: Eligibility Guidance).
Independent Claim(s) 1 recites
determining operating states of a chemical plant, in particular of operating states in a process group,
…
providing signal time series data associated with a first measurement point in a chemical plant,
determining based on the signal time series data associated with the first measurement point in a chemical plant a respective signal time series score associated with a measure of a degree of variation of the signal time series data over time,
determining the operating state based on the respective signal time series score associated with a measure of a degree of variation of the signal time series data over time,
providing data associated with the operating state of the chemical plant, suitable for monitoring and/or controlling the chemical plant
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
In combination with Independent Claim(s) 1, Claim(s) 2-15 recite(s)
providing signal time series data associated with a second measurement point in a chemical plant,
determining based on the signal time series data associated with the second measurement point respective signal time series score associated with a measure of a degree of variation of the second signal time series data over time,
wherein
determining the operating state comprises
determining the operating state based on the respective signal time series scores of the first time series data and the second time series data.
wherein
measurement point information is provided for the first and the second measurement point
and
wherein
the measurement point information comprises
a technical relation indicator.
wherein
determining the operating state is further based on the technical relation indicator in particular,
the step of
determining the operating state comprises
determining the operating state based on the respective signal time series score associated with a measure of a degree of variation of the signal time series data over time of the first signal time series data and the second time series data only if the technical relation indicator indicates that the measurement points are technically related, in particular belong to one process group.
wherein
determining the operating state is based on the respective signal time series score associated with a measure of a degree of variation of the signal time series data over time and a respective cluster classifier.
wherein
determining the operating state comprises
determining an on or an off state.
wherein
the data associated with the operating state of the chemical plant,
suitable for
monitoring and/or controlling the chemical plant is indicative of an on state or an off state.
selecting signal time series data associated with an ON-state and determining a stability score on the selected signal time series.
determining stable operations based on the stability score.
determining an event based on the stability score.
providing signal time series data from a measurement point
and
receiving data associated with the operating state of the chemical plant generated
according to claim l,
suitable for monitoring and/or controlling the chemical plant.
determining operating states of a chemical plant,
receive signal time series data associated with a first measurement point in a chemical plant,
determine based on the signal time series data associated with the first measurement point in a chemical plant a respective signal time series score associated with a measure of a degree of variation of the signal time series data over time
determine the operating state based on respective signal time series score associated with a measure of a degree of variation of the signal time series data over time
and
provide data associated with the operating state of the chemical plant,
suitable for
monitoring and/or controlling the chemical plant,
the data generated according to claim 1.
determining operating states of a chemical plant is disclosed,
determining the operating states of a chemical plant
according to claim 1.
monitoring and/or controlling a chemical plant,
comprising
receiving data associated with the operating state of the chemical plant,
suitable for monitoring and/or controlling the chemical plant as generated according to claim l
and
providing a control signal based on the received data,
in particular
when the received data is indicative of an instable operation state,
in particular
providing a control signal.
annotating signal time series data associated with a first measurement point in a chemical plant,
comprising
receiving data associated with the operating state of the chemical plant,
generated according to claim 1,
suitable for monitoring and/or controlling the chemical plant as generated according to the method
for
determining operating states of a chemical plant
and
storing the data associated with the operating state of the plant together with the signal time series data
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)) (i.e. the system comprising an unit time series acquisition unit configured to; an on/off score unit configured to; an operating state determining unit configured to; an output unit configured to; A computer program product for; the computer program product comprising instructions, which, when executed on computing devices of a computing environment, is configured to carry out the steps of the method of);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generic data acquisition & computer function to facilitate the identified abstract idea); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. of a chemical plant; suitable for monitoring and/or controlling the chemical plant; for stopping the plant).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)) (i.e. See Alice Corp. and cited references for evidence of additional elements (i.e., generic computer structure)).
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MA ET AL. (US 20190227504 A1) (hereinafter “MA”).
With respect to Claim(s) 1, MA teaches computer methods and systems that build and deploy a pattern model to detect an operating event in an online plant process. To build the pattern model, the methods and systems define a signature of the operating event, such that the defined signature contains a time series pattern for a KPI associated with the operating event. The methods and systems deploy the pattern model to automatically monitor, during online execution of the plant process, trends in movement of the KPI as a time series. The methods and systems determine, in real-time, a distance score between a range of the monitored time series and the time series pattern contained in the defined signature. The methods and systems automatically detect the operating event in the online industrial process based on the determined distance score, and alter parameters of the process (e.g., valves, actuators, etc.) to prevent the operating event and the BRI of:
determining operating states of a chemical plant, in particular of operating states in a process group (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
…
providing signal time series data (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D)
associated with
a first measurement point in a chemical plant (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D),
determining, based on the signal time series data associated with the first measurement point in a chemical plant, a respective signal time series score (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D)
associated with
a measure of a degree of variation of the signal time series data over time (See, e.g., ¶ 0049),
determining the operating state based on the respective signal time series score (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
associated with
a measure of a degree of variation of the signal time series data over time (See, e.g., ¶ 0049),
providing data (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
associated with
the operating state of the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
suitable for monitoring and/or controlling the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D).
With respect to Claim(s) 2, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
providing signal time series data (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
associated with
a second measurement point in a chemical plant (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D),
determining, based on the signal time series data associated with the second measurement, point respective signal time series score (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
associated with
a measure of a degree of variation of the second signal time series data over time (See, e.g., ¶ 0049),
wherein
determining the operating state comprises
determining the operating state based on the respective signal time series scores of the first time series data and the second time series data (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D).
With respect to Claim(s) 3, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
wherein
measurement point information is provided for the first and the second measurement point (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D)
and
wherein
the measurement point information comprises
a technical relation indicator (See, e.g., ¶ 0010, 0018, 0037, 0039, 0042, 0044, 0047, 0057, 0058, 0079).
With respect to Claim(s) 4, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
wherein
determining the operating state is further based on the technical relation indicator in particular (See, e.g., ¶ 0010, 0018, 0037, 0039, 0042, 0044, 0047, 0057, 0058, 0079),
the step of
determining the operating state comprises
determining the operating state based on the respective signal time series score associated with a measure of a degree of variation of the signal time series data over time of the first signal time series data and the second time series data only if the technical relation indicator indicates that the measurement points are technically related, in particular belong to one process group (See, e.g., ¶ 0010, 0018, 0037, 0039, 0042, 0044, 0047, 0057, 0058, 0079).
With respect to Claim(s) 5, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
wherein
determining the operating state is based on
the respective signal time series score (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D)
associated with
a measure of a degree of variation of the signal time series data over time (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D)
and
a respective cluster classifier (See, e.g., ¶ 0006-0020, 0081; See also, e.g., Fig(s). Fig(s). 1-3, 5D).
With respect to Claim(s) 6, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
wherein
determining the operating state comprises
determining an on or an off state (See, e.g., ¶ 0051).
With respect to Claim(s) 7, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
wherein
the data associated with the operating state of the chemical plant,
suitable for monitoring and/or controlling the chemical plant is indicative of an on state or an off state (See, e.g., ¶ 0051).
With respect to Claim(s) 8, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
selecting signal time series data associated with an ON-state (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
and
determining a stability score on the selected signal time series (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D).
With respect to Claim(s) 9, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
determining stable operations based on the stability score (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D).
With respect to Claim(s) 10, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
determining an event based on the stability score (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D).
With respect to Claim(s) 11, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
providing signal time series data from a measurement point (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
and
receiving data associated with the operating state of the chemical plant generated (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
according to claim l,
suitable for monitoring and/or controlling the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D).
With respect to Claim(s) 12, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
determining operating states of a chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
the system comprising
an unit time series acquisition unit (See, e.g., Fig(s). 4)
configured to
receive signal time series data associated with a first measurement point in a chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
an on/off score unit (See, e.g., Fig(s). 4)
configured to
determine based on the signal time series data associated with the first measurement point in a chemical plant a respective signal time series score associated with a measure of a degree of variation of the signal time series data over time (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
an operating state determining unit (See, e.g., Fig(s). 4)
configured to
determine the operating state based on respective signal time series score associated with a measure of a degree of variation of the signal time series data over time (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
and
an output unit (See, e.g., Fig(s). 4)
configured to
provide data associated with the operating state of the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
suitable for monitoring and/or controlling the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
the data generated according to claim 1.
With respect to Claim(s) 13, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
A computer program product (See, Fig(s). 4)
for
determining operating states of a chemical plant is disclosed (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
the computer program product comprising instructions, which, when executed on computing devices of a computing environment,
is configured to carry out the steps of the method of
determining the operating states of a chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
according to claim 1.
With respect to Claim(s) 14, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
monitoring and/or controlling a chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
comprising
receiving data associated with the operating state of the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
suitable for monitoring and/or controlling the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
as generated according to claim l
and
providing a control signal based on the received data (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
in particular
when the received data is indicative of an instable operation state (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
in particular
providing a control signal for stopping the plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D).
With respect to Claim(s) 15, MA teaches the BRI of the parent claim(s).
MA further teaches the BRI of:
annotating signal time series data associated with a first measurement point in a chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
comprising
receiving data associated with the operating state of the chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D),
generated according to claim 1,
suitable for monitoring and/or controlling the chemical plant as generated according to the method (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
for
determining operating states of a chemical plant (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D)
and
storing the data associated with the operating state of the plant together with the signal time series data (See, e.g., ABSTRACT; See, e.g., ¶ 0002, 0038, 0042; See also, e.g., Fig(s). 1-3, 5D).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit