DETAILED ACTION
This action is in response to the RCE and Amendment dated 26 February 2026. Claims 1, 5, 6 and 9-14 are amended. Claims 15-17 have been added. No claims have been cancelled. Claims 1-3, 5, 6, and 8-17 remain pending and have been considered below.
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 .
Response to Amendment
Based on applicant’s amendment, the objection to the numbering of claims is withdrawn.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 6, 8 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. (WO2006077930A1, published 27 July 2006) in view of in view of Jones et al. (US 2017/0308915 A1) and further in view of Enver (US 2019/0101899 A1).
As for independent claim 1, Ishikawa teaches a system comprising:
a plant and a cloud server, the cloud server comprising a processor configured to: [(e.g. see Ishikawa paragraphs 0024, 0028) ”the system 10 includes a management server 3 provided in a factory 1 where production facilities for scheduling operation schedules are installed, an operation terminal 4 connected to the management server 3, And an inventory control terminal 9 provided at a delivery center (distribution base) 8 and connected to the management server 3 of the factory 1 via a network 7 … the CPU of the management server 3”].
acquire first information from the plant and acquire second information from a source other than the plant [(e.g. see Ishikawa paragraphs 0024, 0025, 0031, 0035) ”The work decision processing database 27 stores the production time necessary for producing a number of products to be manufactured in a predetermined period (three months in the present embodiment) calculated by the production time operation unit 12 of the arithmetic processing unit 6 It is a database that stores information for deciding. As specific information, the number of products that can be produced per unit time (for example, one hour) of the product produced by equipment managed by the facility master is stored … And an inventory control terminal 9 provided at a delivery center (distribution base) 8 and connected to the management server 3 of the factory 1 via a network 7 … The warehouse 8 is a facility provided at a location different from the factory where products produced at the factory are stored as inventory and the products are delivered according to the order. In addition, the stock management terminal 9 manages the inventory quantity for each product of each warehouse 8 … inventory of each product transmitted from the inventory management terminal 9”]. Examiner notes that a database in the factory provides a production time to manufacture a certain number of products (e.g. first information) and a product inventory level is provided from a warehouse external to the factory (e.g. second information).
determine a setting value of the plant and a first condition for reflecting the setting value in the plant based on the first information and the second information [(e.g. see Ishikawa paragraphs 0036, 0040-0042, 0044) ”inventory capture process and demand forecast calculation process. In the stock capture process, information on inventory at the time of transmission is transmitted from the inventory control terminal 9 of the warehouse 8 for each product, respectively. The management server 3 receives these inventory information (# 10). The management server 3 stores the received inventory information in the inventory database for each product (# 11). The lower limit inventory in the future is the minimum number of safety stocks that must be kept as the minimum inventory and is the minimum inventory quantity that does not cause missing items … Based on these pieces of information, the production schedule assignment unit 13 assigns a manufacturing schedule while considering how many products should be produced up to one … the management server 3 performs demand forecasting based on this information (# 12). Demand forecasts are calculated based on inventory information and sales forecasts … the management server 3 calculates the necessary production amount of each product to be calculated within the predetermined period from the demand forecast information (# 13). As described above, the production quantity of the product is calculated by the production quantity calculation unit 11 of the management server 3. The required production amount is calculated based on information such as inventory quantity for each product managed in the inventory database 26 and sales performance data up to last year and the production quantity of products to be produced within the predetermined period Is calculated … The schedule assignment is done while comparing the values of the expected inventory stored in the inventory database. That is, based on the number of stocks at the time of receipt stored in the inventory database and the number of goods demand calculated at the demand prediction calculation process (# 2) and stored in the plan master database, the inventory quantity per product Is between the upper limit stock and the lower limit stock”]. Examiner notes that a manufacturing schedule for a product is created for the factory (e.g. setting value) which contains a lower limit for inventory (e.g. first condition).
transmit the setting value and the first condition to the plant, transmitted from the processor in the could server [(e.g. see Ishikawa paragraphs 0044, 0045) ”the production schedule assigning unit 13 assigns which product is to be produced by which schedule (# 24). The schedule assignment is done while comparing the values of the expected inventory stored in the inventory database. That is, based on the number of stocks at the time of receipt stored in the inventory database and the number of goods demand calculated at the demand prediction calculation process (# 2) and stored in the plan master database, the inventory quantity per product Is between the upper limit stock and the lower limit stock … the number of stocks is a saw-toothed graph depending on the product production schedule and demand forecast. That is, the number of stocks increases at the time the product is produced, and at the timing when it is not produced, the inventory quantity gently decreases with daily demand. In this way, the production schedule is assigned for each product so that the number of stocks gradually decreasing depending on the number of demand and rapidly increasing by production falls between the upper limit value and the lower limit value”].
wherein the second information includes information on one of a sales volume of a product that is manufactured by operation of the plant, a demand forecasting of a product that is manufactured by operation of the plant [(e.g. see Ishikawa paragraphs 0012, 0034) ”A production quantity calculating unit that calculates a production quantity for each of the products within a predetermined period based on the information on the inventory quantity and the forecasted demand number when the information on the demand forecast number for each product is inputted … demand prediction based on information such as inventory quantity for each product managed in the inventory database 26, sales record result up to last year”].
the processor is configured to perform continuation determination on whether to continue to manufacture a first product and determine, as the first condition, a timing at which the plant performs change from manufacturing of the first product to manufacturing of a second product that is different from the first product when discontinuation of manufacturing of the first product is determined in the continuation determination [(e.g. see Ishikawa paragraphs 0007, 0016, 0044, 0045) ”flexibly change the operation pattern determined according to the demand for commodities that fluctuate on a daily basis … the number of stocks is a saw-toothed graph depending on the product production schedule and demand forecast. That is, the number of stocks increases at the time the product is produced, and at the timing when it is not produced, the inventory quantity gently decreases with daily demand. In this way, the production schedule is assigned for each product so that the number of stocks gradually decreasing depending on the number of demand and rapidly increasing by production falls between the upper limit value and the lower limit value … there is provided the information on the time required for switching the product type produced by the production facility as the basic information … the work schedule and the planning master database, the number of product switching and the production lot size are calculated (# 23). Based on these pieces of information, the production schedule assigning unit 13 assigns which product is to be produced by which schedule (# 24). The schedule assignment is done while comparing the values of the expected inventory stored in the inventory database. That is, based on the number of stocks at the time of receipt stored in the inventory database and the number of goods demand calculated at the demand prediction calculation process (# 2) and stored in the plan master database, the inventory quantity per product Is between the upper limit stock and the lower limit stock”].
Ishikawa does not specifically teach and a weather forecast, or based on inclination of a declining trend of one of a sales volume of the first product being in progress, a demand forecasting of the first product being in progress, a sales volume of the first product, and a demand forecasting of the first product, the sales volume and the demand forecasting being obtained from the weather forecast. However, in the same field of invention, Jones teaches:
and a weather forecast [(e.g. see Jones paragraph 0016) ”Some embodiments further evaluate historic weather data and historic sales data relative to the historic weather data and identify sales patterns and/or demand patterns of one or more products that correlate with changes of seasons and/or indicate a change in purchasing patterns of one or more products corresponding with changing seasons”].
based on inclination of a declining trend of one of a sales volume of the first product being in progress, a demand forecasting of the first product being in progress, a sales volume of the first product, and a demand forecasting of the first product, the sales volume and the demand forecasting being obtained from the weather forecast [(e.g. see Jones paragraphs 0015, 0018, 0029) ”The inventory systems 104, in part, are configured to track sales of products from one or more shopping facilities and/or distribution of products from one or more distribution centers and/or fulfillment centers. This can include product identifiers of products sold, timing of product sales, pricing, location of sales, and other such information. The sales information is accessed by the forecasting system 102, via the distributed network 106, and evaluated to identify sales trends and/or patterns … based on the changes in expected seasons, the forecasting system can forecast expected sales and/or changes in expected sales, and can initiate actions to adjust inventory and/or products ordered for stores in those geographic areas to correspond with expected changes in sales … predicted to have sales affected by the change in seasons, whether the change is an increase”].
Therefore, considering the teachings of Ishikawa and Jones, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add and a weather forecast, and based on inclination of a declining trend of one of a sales volume of the first product being in progress, a demand forecasting of the first product being in progress, a sales volume of the first product, and a demand forecasting of the first product, the sales volume and the demand forecasting being obtained from the weather forecast, as taught by Jones, to the teachings of Ishikawa because it provides improved future forecasting of sales relative to changes in a season at one or more facilities within a geographic area (e.g. see Jones paragraph 0012).
Ishikawa and Jones do not specifically teach wherein the plant comprises a control system and a field equipment, the control system performs a control on the field equipment based on the setting value and the first condition. However, in the same field of invention, Enver teaches:
wherein the plant comprises a control system and a field equipment, the control system performs a control on the field equipment based on the setting value and the first condition [(e.g. see Enver paragraphs 0043, 0067, 0069 and Figs. 1 and 2B) ”the control system 210 may include one or more control system design applications 210A, such as a configuration application, which may be used to create various control modules, control function blocks, control user interface applications, and other control programs … Once created, such control modules, routines, applications, and programs 210B may be downloaded to and executed in various ones of the controllers, I/O devices, field devices, databases, user interface devices, servers, processing devices, etc., of the field environment 122 of the control system during runtime of the process plant 5 … These configuration applications are used to configure a control routine of a control module that is to be implemented at (e.g., executed by) a controller of the process plant during runtime. The template objects have default parameters, settings and methods associated therewith … setting up or creating the control routine for a control module, the engineer may store the created control module in the library or in a configuration data storage area, such as the configuration database 216 of FIGS. 2A-2B. The engineer can then instantiate the control module (e.g., cause an executable file corresponding to the control module to be created) and download it to the appropriate controller or controllers, field devices, and other process elements for execution during operation of the process plant”].
Therefore, considering the teachings of Ishikawa, Jones and Enver, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add wherein the plant comprises a control system and a field equipment, the control system performs a control on the field equipment based on the setting value and the first condition, as taught by Enver, to the teachings of Ishikawa and Jones because it optimizes the process with significant reduction in both time and personnel resources, and therefore significant reduction in costs (e.g. see Enver paragraph 0015).
As for dependent claim 2, Ishikawa, Jones and Enver teach the system as described in claim 1 and Ishikawa further teaches:
wherein the plant generates a second condition based on information that is obtained inside the plant, and operates based on the setting value, the first condition, and the second condition [(e.g. see Ishikawa paragraphs 0012, 0031, 0044, 0045) ” The upper limit value of the stock is the upper limit value at which the product inventory can be stored in the present warehouse inside and outside of the factory … an upper limit value for each product to be produced in the production facility are input as input information … The schedule assignment is done while comparing the values of the expected inventory stored in the inventory database. That is, based on the number of stocks at the time of receipt stored in the inventory database and the number of goods demand calculated at the demand prediction calculation process (# 2) and stored in the plan master database, the inventory quantity per product Is between the upper limit stock and the lower limit stock … the number of stocks is a saw-toothed graph depending on the product production schedule and demand forecast. That is, the number of stocks increases at the time the product is produced, and at the timing when it is not produced, the inventory quantity gently decreases with daily demand. In this way, the production schedule is assigned for each product so that the number of stocks gradually decreasing depending on the number of demand and rapidly increasing by production falls between the upper limit value and the lower limit value”].
As for dependent claim 3, Ishikawa, Jones and Enver teach the system as described in claim 1 and Ishikawa further teaches:
wherein the first information includes a process value of the field equipment that is used for operation of the plant and a status of the field equipment, the status being assigned to the process value [(e.g. see Ishikawa paragraphs 0023, 0035, 0044) ”This production scheduling system plans the operation schedule of the production equipment used in the product production factory … information on equipment schedule, such as schedule when equipment can be operated, is stored, and schedule such as facility inspection and construction that equipment can not operate is stored … the number of products that can be produced per unit time (for example, one hour) of the product produced by equipment managed by the facility master is stored”].
and the processor is configured to determine the setting value of the plant by eliminating a process value to which a status indicating other than normal is assigned and inputting a process value to which a status indicating the normal is assigned to a simulator [(e.g. see Ishikawa paragraphs 0044, 0046, 0049) ”When the production time within the predetermined period is decided, the operation pattern within the predetermined period is calculated (# 21), and the equipment capability is read based on the information stored in the plan master database 22 (# 22) … the operation pattern selection unit selects the operation pattern of each schedule so as not to fall below the required capacity line. Specifically, it sets so that it exceeds the capacity line of the time necessary for producing the number of production determined for each product determined in the above step, and then selects the minimum operation pattern exceeding the capacity line … the production schedule assigning unit 13 maximizes the number of switching times of products to be produced within a range where necessary production time can be secured”]. Examiner notes that “a simulator” is defined in applicant’s specification as an optimizer (see paragraph 0051 of applicant’s specification).
As for independent claim 6, Ishikawa, Jones and Enver teach a method. Claim 6 discloses substantially the same limitations as claim 1. Therefore, it is rejected with the same rational as claim 1. Due to the conditional nature of this claim limitation present within a method claim (e.g. “whether to continue to manufacture a first product … when discontinuation of manufacturing of the first product is determined), this limitation carries no patentable weight while giving the claim its broadest reasonable interpretation, as the claimed invention can be practiced without the first condition occurring. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04(II) – Contingent Limitations.
As for dependent claim 8, Ishikawa, Jones and Enver teach the system as described in claim 1, but Ishikawa and Jones do not specifically teach the following limitation. However, Enver teaches:
wherein the setting value is given to a simulation for controlling operation of the plant, and is used to control the plant [(e.g. see Enver paragraphs 0057, 0058 and Fig. 2B) ” a simulation or testing system 270 that may operate in conjunction with one of the control applications 210A used to simulate or test the operation of one or more control modules 210B via a virtual controller 236, to thereby enable testing of control objects or modules 210B in the back-end environment 125 or back-end system 200 prior to those modules or objects being downloaded to a controller 262 in the field environment 122 (or to one or more field devices 264 … information pertaining to the I/O channel which will be used to communicate with the field device 264, the various other applications 210A, 212A, 214A, may use these device placeholders objects 232 and/or virtual I/O objects 234 as proxies for communicating with the actual field devices 264 or with signals within the field devices 264”].
The motivation to combine is the same as that used for claim 1.
As for dependent claim 12, Ishikawa, Jones and Enver teach the method as described in claim 6; further, claim 12 discloses substantially the same limitations as claim 2. Therefore, it is rejected with the same rational as claim 2.
As for dependent claim 13, Ishikawa, Jones and Enver teach the method as described in claim 6; further, claim 13 discloses substantially the same limitations as claim 3. Therefore, it is rejected with the same rational as claim 3.
As for dependent claim 14, Ishikawa, Jones and Enver teach the method as described in claim 6; further, claim 14 discloses substantially the same limitations as claim 8. Therefore, it is rejected with the same rational as claim 8.
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. (WO2006077930A1, published 27 July 2006) in view of in view of Jones et al. (US 2017/0308915 A1) and further in view of Enver (US 2019/0101899 A1), as applied to claim 1 above, and further in view of Teshima et al. (US 2020/0380393 A1).
As for dependent claim 15, Ishikawa, Jones and Enver teach the system as described in claim 1 and Ishikawa further teaches:
determine, as the first condition, the timing to be a timing after completion of manufacturing of the first product if the inclination of the declining trend does not exceed the threshold [(e.g. see Ishikawa paragraphs 0012, 0045) ”the production schedule is assigned for each product so that the number of stocks gradually decreasing depending on the number of demand and rapidly increasing by production falls between the upper limit value and the lower limit value … A product delivery date for which production of each of the products within the predetermined period for each product is completed on the basis of time is divided into a plurality of product delivery dates so that the number of inventory of the product is between the lower limit value and the stock number of the upper limit value A production day determination unit for assigning and determining the date”].
Ishikawa does not specifically teach determine whether the inclination of the declining trend exceeds a threshold. However, Jones teaches:
determine whether the inclination of the declining trend exceeds a threshold [(e.g. see Jones paragraphs 0015, 0016) ”The rules may identify threshold sales changes over one or more periods of time that are consistent with historic changes in sales during one or more similar period of time from one or more previous years, threshold changes in sales rates, and/or other such rules … the forecasting system may identify a threshold drop”].
The motivation to combine is the same as that used for claim 1.
Ishikawa, Jones and Enver do not specifically teach determine, as the first condition, the timing to be an immediate discontinuation of the first product if the inclination of the declining trend exceeds the threshold. However, in the same field of invention or solving similar problems, Teshima teaches:
determine, as the first condition, the timing to be an immediate discontinuation of the first product if the inclination of the declining trend exceeds the threshold [(e.g. see Teshima paragraph 0067) ”predict the number of defective portions of the finished product from the data collected at the stage of product in progress in the manufacturing process on the way to the completion of the finished product. When the number of defective portions of the finished product is predicted to exceed the predetermined threshold in the manufacturing process on the way, it is possible to suppress the unnecessary man-hours and labors for product in progress by stopping the manufacture of the product in progress”].
Therefore, considering the teachings of Ishikawa, Jones, Enver and Teshima, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add determine, as the first condition, the timing to be an immediate discontinuation of the first product if the inclination of the declining trend exceeds the threshold, as taught by Teshima, to the teachings of Ishikawa, Jones and Enver because it saves energy consumption and labor in the factory (e.g. see Teshima paragraph 0067).
As for dependent claim 17, Ishikawa, Jones and Enver teach the method as described in claim 6; further, claim 17 discloses substantially the same limitations as claim 15. Therefore, it is rejected with the same rational as claim 17. Due to the conditional nature of this claim limitation present within a method claim (e.g. “whether the trend exceeds the threshold … immediate discontinuation if it exceeds … after completion if it does not exceed), part of this limitation carries no patentable weight while giving the claim its broadest reasonable interpretation, as the claimed invention can be practiced without the first condition occurring. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04(II) – Contingent Limitations.
Claims 5, 9-11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. (WO2006077930A1, published 27 July 2006) in view of Fujita et al. (US 2020/0272136 A1) and further in view of Enver (US 2019/0101899 A1) and further in view of Saito et al. (US 2011/0125543 A1).
As for dependent claim 5, Ishikawa teaches a method comprising:
acquiring, by a cloud server, first information from a plant; acquiring, by the cloud server, second information from a source other than the plant [(e.g. see Ishikawa paragraphs 0024, 0025, 0028, 0031, 0035) ” the system 10 includes a management server 3 provided in a factory 1 where production facilities for scheduling operation schedules are installed, an operation terminal 4 connected to the management server 3, And an inventory control terminal 9 provided at a delivery center (distribution base) 8 and connected to the management server 3 of the factory 1 via a network 7 … the CPU of the management server 3 … The work decision processing database 27 stores the production time necessary for producing a number of products to be manufactured in a predetermined period (three months in the present embodiment) calculated by the production time operation unit 12 of the arithmetic processing unit 6 It is a database that stores information for deciding. As specific information, the number of products that can be produced per unit time (for example, one hour) of the product produced by equipment managed by the facility master is stored … And an inventory control terminal 9 provided at a delivery center (distribution base) 8 and connected to the management server 3 of the factory 1 via a network 7 … The warehouse 8 is a facility provided at a location different from the factory where products produced at the factory are stored as inventory and the products are delivered according to the order. In addition, the stock management terminal 9 manages the inventory quantity for each product of each warehouse 8 … inventory of each product transmitted from the inventory management terminal 9”]. Examiner notes that a database in the factory provides a production time to manufacture a certain number of products (e.g. first information) and a product inventory level is provided from a warehouse external to the factory (e.g. second information).
determining, by the cloud server, a setting value of the plant and a first condition for reflecting the setting value in the plant based on the first information and the second information [(e.g. see Ishikawa paragraphs 0036, 0040-0042, 0044) ”inventory capture process and demand forecast calculation process. In the stock capture process, information on inventory at the time of transmission is transmitted from the inventory control terminal 9 of the warehouse 8 for each product, respectively. The management server 3 receives these inventory information (# 10). The management server 3 stores the received inventory information in the inventory database for each product (# 11). The lower limit inventory in the future is the minimum number of safety stocks that must be kept as the minimum inventory and is the minimum inventory quantity that does not cause missing items … Based on these pieces of information, the production schedule assignment unit 13 assigns a manufacturing schedule while considering how many products should be produced up to one … the management server 3 performs demand forecasting based on this information (# 12). Demand forecasts are calculated based on inventory information and sales forecasts … the management server 3 calculates the necessary production amount of each product to be calculated within the predetermined period from the demand forecast information (# 13). As described above, the production quantity of the product is calculated by the production quantity calculation unit 11 of the management server 3. The required production amount is calculated based on information such as inventory quantity for each product managed in the inventory database 26 and sales performance data up to last year and the production quantity of products to be produced within the predetermined period Is calculated … The schedule assignment is done while comparing the values of the expected inventory stored in the inventory database. That is, based on the number of stocks at the time of receipt stored in the inventory database and the number of goods demand calculated at the demand prediction calculation process (# 2) and stored in the plan master database, the inventory quantity per product Is between the upper limit stock and the lower limit stock”]. Examiner notes that a manufacturing schedule for a product is created for the factory (e.g. setting value) which contains a lower limit for inventory (e.g. first condition).
transmitting, by the cloud server, the setting value and the first condition to the plant, and the first condition transmitted from the cloud server [(e.g. see Ishikawa paragraphs 0044, 0045) ”the production schedule assigning unit 13 assigns which product is to be produced by which schedule (# 24). The schedule assignment is done while comparing the values of the expected inventory stored in the inventory database. That is, based on the number of stocks at the time of receipt stored in the inventory database and the number of goods demand calculated at the demand prediction calculation process (# 2) and stored in the plan master database, the inventory quantity per product Is between the upper limit stock and the lower limit stock … the number of stocks is a saw-toothed graph depending on the product production schedule and demand forecast. That is, the number of stocks increases at the time the product is produced, and at the timing when it is not produced, the inventory quantity gently decreases with daily demand. In this way, the production schedule is assigned for each product so that the number of stocks gradually decreasing depending on the number of demand and rapidly increasing by production falls between the upper limit value and the lower limit value”].
the second information includes movement information on a transportation moving body that transports a product that is manufactured by operation of the plant to a delivery destination [(e.g. see Ishikawa paragraphs 0012, 0023, 0025) ”A case where an operation pattern in a manufacturing line to be filled into a predetermined container and packaged and manufactured to a shipping form that can be shipped … The warehouse 8 is a facility provided at a location different from the factory where products produced at the factory are stored as inventory and the products are delivered according to the order … A product delivery date”].
Ishikawa does not specifically teach and the method further comprises determining, by the cloud server, as the first condition, an estimated manufacturing complete time of the plant corresponding to an estimated arrival time being obtained from the movement information on the transportation moving body, and determining, by the cloud server, the setting value of the plant by inputting the estimated manufacturing complete time of the plant and the first information to a simulator. However, in the same field of invention, Fujita teaches:
and the method further comprises determining, by the cloud server, as the first condition, an estimated manufacturing complete time of the plant corresponding to an estimated arrival time being obtained from the movement information on the transportation moving body, and determining, by the cloud server, the setting value of the plant by inputting the estimated manufacturing complete time of the plant and the first information to a simulator [(e.g. see Fujita paragraphs 0012, 0014, 0062-0064) ”This device may be a delivery management sever for managing the delivery status (e.g., scheduled collection time, moving status, departure status) of the carrier, a communication terminal carried by the carrier, or an in-vehicle device mounted to a delivery truck … the time information acquisition part 152 may acquire positional information about the delivery truck via the communication unit 11 and acquire a scheduled collection time estimated from the positional information as the time information … The schedule candidate calculation part 153 (153A) calculates at least one production schedule candidate satisfying a first condition as an alternative to reduce the waiting times of both the carrier and the resources of the factory. The first condition is a condition that the time difference between the deliverable time and the scheduled collection time of the product is in an acceptable range. More specifically, the schedule candidate calculation part 153 (153A) changes the production speed from the initial condition within a range defined by the quality standard of the product, based on the time information acquired by the time information acquisition part 152, and calculates at least one production schedule candidate in which the delay of the deliverable time relative to the scheduled collection time and the delay of the scheduled collection time relative to the deliverable time of the product are both in an acceptable range … if the time difference is out of the acceptable range and the scheduled collection time is earlier than the deliverable time, the schedule candidate calculation part preferentially increases the production speed of a production order of the product … if the time difference is out of the acceptable range and the scheduled collection time is later than the deliverable time, the schedule candidate calculation part preferentially decreases the production speed of a production order of the product”].
Therefore, considering the teachings of Ishikawa and Fujita, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add and the method further comprises determining, by the cloud server, as the first condition, an estimated manufacturing complete time of the plant corresponding to an estimated arrival time being obtained from the movement information on the transportation moving body, and determining, by the cloud server, the setting value of the plant by inputting the estimated manufacturing complete time of the plant and the first information to a simulator, as taught by Fujita, to the teachings of Ishikawa because it allows a factory to easily ensure the quality of the product (e.g. see Fujita paragraph 0011).
Ishikawa and Fujita do not specifically teach wherein the plant comprises a control system and a field equipment, the plant control method further comprises performing, by the control system, a control on the field equipment based on the setting value. However, in the same field of invention, Enver teaches:
wherein the plant comprises a control system and a field equipment, the plant control method further comprises performing, by the control system, a control on the field equipment based on the setting value [(e.g. see Enver paragraphs 0043, 0067, 0069 and Figs. 1 and 2B) ”the control system 210 may include one or more control system design applications 210A, such as a configuration application, which may be used to create various control modules, control function blocks, control user interface applications, and other control programs … Once created, such control modules, routines, applications, and programs 210B may be downloaded to and executed in various ones of the controllers, I/O devices, field devices, databases, user interface devices, servers, processing devices, etc., of the field environment 122 of the control system during runtime of the process plant 5 … These configuration applications are used to configure a control routine of a control module that is to be implemented at (e.g., executed by) a controller of the process plant during runtime. The template objects have default parameters, settings and methods associated therewith … setting up or creating the control routine for a control module, the engineer may store the created control module in the library or in a configuration data storage area, such as the configuration database 216 of FIGS. 2A-2B. The engineer can then instantiate the control module (e.g., cause an executable file corresponding to the control module to be created) and download it to the appropriate controller or controllers, field devices, and other process elements for execution during operation of the process plant”].
Therefore, considering the teachings of Ishikawa, Fujita and Enver, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add wherein the plant comprises a control system and a field equipment, the plant control method further comprises performing, by the control system, a control on the field equipment based on the setting value, as taught by Enver, to the teachings of Ishikawa and Fujita because it optimizes the process with significant reduction in both time and personnel resources, and therefore significant reduction in costs (e.g. see Enver paragraph 0015).
Ishikawa, Fujita and Enver do not specifically teach a simulator to simulate a setting value with which a logistic cost and a plant operation cost are minimized. However, in the same field of invention or solving similar problems, Saito teaches:
a simulator to simulate a setting value with which a logistic cost and a plant operation cost are minimized [(e.g. see Saito paragraph 0076 and abstract) ”The supply chain optimization system and the method for optimizing the supply chain calculate through a simulation in which a supply chain model is used so that a total sum of stock costs for products and materials and logistics costs therefor are minimized … a simulator uses the supply chain model built as above to perform a simulation based on the simulation data and the simulation conditions … The simulation includes the function of an inventory calculation means for calculating a product-and-material inventory quantity to minimize the total of a product-and-material inventory value and a product-and-material physical distribution cost”].
Therefore, considering the teachings of Ishikawa, Fujita, Enver and Saito, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a simulator to simulate a setting value with which a logistic cost and a plant operation cost are minimized, as taught by Saito, to the teachings of Ishikawa, Fujita and Enver because it allows for a sales plan change to be optimized without delaying product delivery (e.g. see Saito paragraph 0001).
As for dependent claim 9, Ishikawa, Fujita, Enver and Saito teach the method as described in claim 5 and Ishikawa further teaches:
further comprising generating, by the plant, a second condition based on information that is obtained inside the plant [(e.g. see Ishikawa paragraphs 0012, 0031, 0044, 0045) ” The upper limit value of the stock is the upper limit value at which the product inventory can be stored in the present warehouse inside and outside of the factory … an upper limit value for each product to be produced in the production facility are input as input information … The schedule assignment is done while comparing the values of the expected inventory stored in the inventory database. That is, based on the number of stocks at the time of receipt stored in the inventory database and the number of goods demand calculated at the demand prediction calculation process (# 2) and stored in the plan master database, the inventory quantity per product Is between the upper limit stock and the lower limit stock … the number of stocks is a saw-toothed graph depending on the product production schedule and demand forecast. That is, the number of stocks increases at the time the product is produced, and at the timing when it is not produced, the inventory quantity gently decreases with daily demand. In this way, the production schedule is assigned for each product so that the number of stocks gradually decreasing depending on the number of demand and rapidly increasing by production falls between the upper limit value and the lower limit value”].
Ishikawa and Fujita do not specifically teach the following limitation. However, Enver teaches:
and performing, by the control system, a control on the field equipment based on the setting value, the first condition, and the second condition [(e.g. see Enver paragraphs 0043, 0067, 0069 and Figs. 1 and 2B) ”the control system 210 may include one or more control system design applications 210A, such as a configuration application, which may be used to create various control modules, control function blocks, control user interface applications, and other control programs … Once created, such control modules, routines, applications, and programs 210B may be downloaded to and executed in various ones of the controllers, I/O devices, field devices, databases, user interface devices, servers, processing devices, etc., of the field environment 122 of the control system during runtime of the process plant 5 … These configuration applications are used to configure a control routine of a control module that is to be implemented at (e.g., executed by) a controller of the process plant during runtime. The template objects have default parameters, settings and methods associated therewith … setting up or creating the control routine for a control module, the engineer may store the created control module in the library or in a configuration data storage area, such as the configuration database 216 of FIGS. 2A-2B. The engineer can then instantiate the control module (e.g., cause an executable file corresponding to the control module to be created) and download it to the appropriate controller or controllers, field devices, and other process elements for execution during operation of the process plant”].
The motivation to combine is the same as that used for claim 5.
As for dependent claim 10, Ishikawa, Fujita, Enver and Saito teach the method as described in claim 5 and Ishikawa further teaches:
wherein the first information includes a process value of the field equipment that is used for operation of the plant and a status of the field equipment, the status being assigned to the process value [(e.g. see Ishikawa paragraphs 0023, 0035, 0044) ”This production scheduling system plans the operation schedule of the production equipment used in the product production factory … information on equipment schedule, such as schedule when equipment can be operated, is stored, and schedule such as facility inspection and construction that equipment can not operate is stored … the number of products that can be produced per unit time (for example, one hour) of the product produced by equipment managed by the facility master is stored”].
and the method further comprises determining, by the cloud server, the setting value of the plant by eliminating a process value to which a status indicating other than normal is assigned and inputting a processes value to which a status indicating the normal is assigned to a simulator [(e.g. see Ishikawa paragraphs 0044, 0046, 0049) ”When the production time within the predetermined period is decided, the operation pattern within the predetermined period is calculated (# 21), and the equipment capability is read based on the information stored in the plan master database 22 (# 22) … the operation pattern selection unit selects the operation pattern of each schedule so as not to fall below the required capacity line. Specifically, it sets so that it exceeds the capacity line of the time necessary for producing the number of production determined for each product determined in the above step, and then selects the minimum operation pattern exceeding the capacity line … the production schedule assigning unit 13 maximizes the number of switching times of products to be produced within a range where necessary production time can be secured”]. Examiner notes that “a simulator” is defined in applicant’s specification as an optimizer (see paragraph 0051 of applicant’s specification).
As for dependent claim 11, Ishikawa, Fujita, Enver and Saito teach the method as described in claim 5, but Ishikawa and Fujita do not specifically teach the following limitation. However, Enver teaches:
wherein the setting value is given to a simulation for controlling operation of the plant, and is used to control the plant [(e.g. see Enver paragraphs 0057, 0058 and Fig. 2B) ” a simulation or testing system 270 that may operate in conjunction with one of the control applications 210A used to simulate or test the operation of one or more control modules 210B via a virtual controller 236, to thereby enable testing of control objects or modules 210B in the back-end environment 125 or back-end system 200 prior to those modules or objects being downloaded to a controller 262 in the field environment 122 (or to one or more field devices 264 … information pertaining to the I/O channel which will be used to communicate with the field device 264, the various other applications 210A, 212A, 214A, may use these device placeholders objects 232 and/or virtual I/O objects 234 as proxies for communicating with the actual field devices 264 or with signals within the field devices 264”].
The motivation to combine is the same as that used for claim 5.
As for dependent claim 16, Ishikawa, Fujita, Enver and Saito teach the method as described in claim 5 and Ishikawa further teaches:
wherein the first information includes an estimated manufacturing complete time of the product in progress or a capacity margin of a storage facility [(e.g. see Ishikawa paragraph 0031) ”The inventory upper limit is mainly determined by the scale of the warehouse”].
Ishikawa does not specifically teach the following limitation. However, Fujita teaches:
the second information further includes at least either one of: a traffic route including information on an accident, a traffic jam or enclosed sea from the plant to the delivery destination; operation information including a GPS position, an estimated arrival time, a number of vehicles, or a mounted product on a land transportation vehicle; or operation information including a GPS position, port arrival and departure time, or the mounted product on a marine transportation vessel [(e.g. see Fujita paragraph 0063) ”the time information acquisition part 152 may indirectly acquire the time information by acquiring information that is basis for calculating the scheduled collection time via the communication unit 11 or the input unit 13 and computing the time information using this information. For instance, the time information acquisition part 152 may acquire positional information about the delivery truck via the communication unit 11 and acquire a scheduled collection time estimated from the positional information as the time information. For instance, the time information acquisition part 152 may acquire information about the departure time of the delivery truck via the communication unit 11 and acquire a scheduled collection time estimated from the information as the time information”].
The motivation to combine is the same as that used for claim 5.
Response to Arguments
Applicant's arguments, filed 26 February 2026, have been fully considered but they are not persuasive.
Applicant argues that [“this effectively counters the Jones reference by specifying the "continuation determination" logic. It clarifies that the invention controls *manufacturing execution* (stop/change product), not just inventory levels. Jones relates to retail inventory management and uses trends to adjust stock levels, not to trigger a fundamental change in the manufacturing process (switching products) based on a continuation determination.” (Page 11).].
Examiner respectfully disagrees. Primary reference Ishikawa already establishes a daily determination of scheduling for product switchover in the factory based on demand and inventory levels (e.g. see Ishikawa paragraphs 0007, 0016, 0044, 0045), but these levels in Ishikawa are not explicitly weather affected. Jones cures this deficiency by tracking and comparing metrics that are specifically weather induced sales/demand/inventory (e.g. see Jones paragraphs 0015, 0016, 0018, 0029). Thus, the combination adequately teaches applicant’s claimed limitation. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues that [“The amended claim 5 clarifies that the simulator is used for *cost minimization* (logistic + operation cost), a sophisticated technical feature completely absent in Fujita (scheduling) and Enver (testing). This highlights the inventive step of integrating logistics into process control.” (Page 12).].
The argument described above, in paragraph number 10, with respect to the newly added limitations to the independent claims has been considered, but is moot in view of the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. PGPub 2016/0019563 A1 issued to Jha et al. on 21 January 2016. The subject matter disclosed therein is pertinent to that of claims 1-3, 5, 6, and 8-17 (e.g. factory supply chain simulation).
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/CHRISTOPHER J FIBBI/Primary Examiner, Art Unit 2174
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