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 .
Claim Status
Claims 1-3 and 5-7 are pending and under examination.
Claim 4 has been canceled.
Response to Amendment
The amendments to the claims, received 01/27/2026, have overcome the claim objections set forth in the Non-Final Rejection mailed on 10/28/2025. Accordingly, the claim objections have been withdrawn. However, based on the claim amendments, new claim objection(s) have been set forth.
The claim amendments have overcome the 112(b) rejection(s) previously set forth in the Non-Final Rejection. Therefore, the 112(b) rejection(s) have been withdrawn. However, based on the amended claims, new 112(b) rejection(s) have been set forth.
The 101 rejection(s) have been modified to address the claim amendments.
Based on the amended claims and remarks, received 01/27/2026, the previous prior art rejection over Tang has been modified to address the amended claims (see below).
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 lines 16 and 18 recite “an operation status the plurality of first water treatment devices” and “an operation status the plurality of second water treatment devices”. The examiner requests applicant amend the claim to include “of” after “an operational status” in each instances. For example, “an operation status of the plurality of first water treatment devices” and “an operation status of the plurality of second water treatment devices”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3, and 5 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 pre-AIA the applicant regards as the invention.
Claim 2 line 20 recites “a virtual system”. Claim 1 line 6 also refers to “a virtual system”. It is unclear if applicant is referring to the virtual system of claim 1, or if applicant is intending to introduce an additional virtual system. The examiner is interpreting the virtual system to be “the virtual system” of claim 1 for purposes of examination. Claim 3 is also rejected by its dependency from claim 2.
Claim 5 recites “the control apparatus”. Claim 1 lines 10-11 has been amended to recite “the control apparatus includes a plurality of control apparatuses”. It is unclear which of the plurality of control apparatuses applicant is referring to as “the” control apparatus.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3 and 5-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claim 1 is directed toward a system. Claim 6 is directed toward a method. Claim 7 is directed toward an apparatus.
Step 2A, Prong One: Identify the law of nature/natural phenomenon/abstract ideas.
Claims 1, 6, and 7 recite the abstract ideas, “determines a control content of the water treatment process” and “virtualizing the plurality of water treatment devices” which are mental processes that could be performed by a human person by pen and paper or by a black box computer. The computer/controller/virtual system configured to perform the recited steps/processes is simply a general-purpose computer for which to apply the abstract ideas, but does not preclude the steps from being considered an abstract idea. See MPEP 2106.04(a)(2) subsection (I) and (III).
Step 2A, Prong Two: Has the abstract idea been integrated into a particular practical application?
No. These judicial exceptions are not integrated into a practical application because the additional elements recited in the claims do not impose any meaningful limits on practicing the abstract ideas.
The determining and virtualizing are performed by a computer/controller/virtual system and management apparatus, which is just a general-purpose computer or controllers. However, use of conventional computer functions, or generic computer/controller, to apply the judicial exceptions does not qualify as a particular machine, and does not amount to a particular practical application (MPEP § 2106(b)(I), MPEP § 2106(b)(II) and MPEP § 2106(b)(III)).
The claims also recite an equipment system including a plurality of water treatment device that executes a water treatment process, a plurality of control apparatus that control the plurality of water treatment device, a management system including a management apparatus that controls the water treatment process based on the control content via the control apparatus. The control/computer very generally controls the water treatment based on the determined control content. However, this is just using the device to gather data and provide instructions to be apply the abstract idea (See MPEP § 2106.05(g), Insignificant Extra-Solution Activity and MPEP § 2106.05(f), Mere Instructions To Apply An Exception). Further, these additional elements are recited at such a high level of generality that it amounts to generally applying the abstract idea or generally linking the abstract idea to a field of use. However, indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself and cannot integrate a judicial exception into a practical application (see MPEP § 2106.05(h), Field of Use and Technological Environment).
Step 2B: Does the claim recite any elements which are significantly more than the abstract idea?
The claim recites the additional elements of an equipment system including a plurality of water treatment device that executes a water treatment process. In other words, outside of the abstract idea(s), the claims are directed towards a plurality of generic water treatment apparatus with a corresponding controller, which would read on any plurality of water treatment apparatuses and would not be considered particular machines. In this case, the claims are recited generically and do not transform the water treatment apparatuses into a different thing aside from it’s conventional use (MPEP 2106.05(b) & (c)). Further, these additional elements do not amount to significantly more as they are well-understood, routine, and conventional (WURC) in the art as evidenced by Translation of Tang et al. (CN 111694286A – hereinafter “Tang”) and Rickard et al. (US 2021/0255748 – hereinafter “Rickard”). Tang and Rickard teach an equipment system (Tang; fig. 1, #10, “physical layer module” [0046] and Rickard; fig. 1, #130, [0061])) including a plurality of water treatment device that executes a water treatment process (Tang; fig. 1, #11, [0046, 0058] and Rickard; fig. 1, #132, [0062]).
Claim 2 recites the abstract idea(s) “optimizes the first water treatment process”, “optimizes the second water treatment process”, “determines a control content of at least the first water treatment process and the second water treatment process”, and “virtualizing at least the plurality of first water treatment devices and the plurality of second water treatment devices” (step 2A prong 1), but does not integrate the exception under 2A prong 2 because computer/controller/virtual system configured to perform the recited steps/processes is simply a general-purpose computer for which to apply the abstract ideas, but does not preclude the steps from being considered an abstract idea. See MPEP 2106.04(a)(2) subsection (I) and (III). The additional elements including the first equipment system including a plurality of first water treatment devices and control apparatus and second equipment system including a plurality of second water treatment devices and second control apparatus are merely using the device to gather data and provide instructions to be apply the abstract idea(s) (See MPEP § 2106.05(g), Insignificant Extra-Solution Activity and MPEP § 2106.05(f), Mere Instructions To Apply An Exception). Further, these additional elements are recited at such a high level of generality that it amounts to generally applying the abstract idea or generally linking the abstract idea to a field of use. However, indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself and cannot integrate a judicial exception into a practical application (see MPEP § 2106.05(h), Field of Use and Technological Environment). Lastly, these elements do not amount to significantly more as they are well-understood, routine, and conventional (WURC) in the art as Tang teach a plurality of equipment system (Tang; fig. 1, #11, [0058]).
Claim 3 recites the abstract idea “acquires first process information on an operation status of the first water treatment process from the first control apparatus”, “acquires second process information on an operational status of the second water treatment process from the second control apparatus”, “generates a control content that optimizes a whole of the plurality of equipment systems that includes the first equipment system and the second equipment system, based on at least the first process information and the second process information”, “outputs the control content to the first control apparatus and the second control apparatus”, and “optimizes the first water treatment process in accordance with the control content that has been output from the management apparatus”, and “optimizes the second water treatment process in accordance with the control content that has been output from the management apparatus” (step 2A prong 1), but does not integrate the exception under 2A prong 2 because computer/controller/virtual system configured to perform the recited steps/processes is simply a general-purpose computer for which to apply the abstract ideas, but does not preclude the steps from being considered an abstract idea. See MPEP 2106.04(a)(2) subsection (I) and (III). The additional elements including the first equipment system including a plurality of first water treatment devices and control apparatus and second equipment system including a plurality of second water treatment devices and second control apparatus are merely using the device to gather data and provide instructions to be apply the abstract idea(s) (See MPEP § 2106.05(g), Insignificant Extra-Solution Activity and MPEP § 2106.05(f), Mere Instructions To Apply An Exception). Further, these additional elements are recited at such a high level of generality that it amounts to generally applying the abstract idea or generally linking the abstract idea to a field of use. However, indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself and cannot integrate a judicial exception into a practical application (see MPEP § 2106.05(h), Field of Use and Technological Environment). Lastly, these elements do not amount to significantly more as they are well-understood, routine, and conventional (WURC) in the art as Tang teach a plurality of equipment system (Tang; fig. 1, #11, [0058]).
Claim 5 recites the abstract ideas “acquires process information on an operation status of the water treatment process form the control apparatus”. However, acquiring information has been recognized as well-understood, routine, and conventional functions when they are claimed in a merely generic manner or as insignificant extra-solution activity (MPEP §2106.04(d), § 2106.05(f)). The additional elements recited including executing a simulation and controlling the water treatment process are interpreted as merely indicating a field of use or technological environment in which to apply a judicial exception, but do not amount to significantly more than the exception itself and cannot integrate a judicial exception into a practical application (see MPEP § 2106.05(f), Mere Instructions To Apply An Exception and MPEP § 2106.05(h), Field of Use and Technological Environment).
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 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.
Claim(s) 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by translation of Tang et al. (Machine translation of CN 111694286A – hereinafter “Tang”).
Regarding claim 1, Tang discloses a water treatment system (Tang; fig. 1, [0044]) comprising:
an equipment system (Tang; fig. 1, #10, “physical layer module” [0046]) including a plurality of water treatment devices that execute a water treatment process (Tang disclose each equipment system 10 includes a plurality of water treatment devices 11/12/13 as a reverse osmosis membrane water treatment device with valves and pressure meters. The system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0046, 0058]) and a control apparatus that controls the plurality of water treatment device (Tang disclose control unit 14 connected to the plurality of water treatment devices 11/12/13 for receiving data and issuing instructions to manage the equipment system 10; fig. 1, #14, [0046, 0057-0058]); and
a management system (Tang; fig. 1, #40, “terminal service layer module”, [0049]) including a management apparatus (Tang; fig. 1, #43, [0051]) that determines a control content of the water treatment process by using a virtual system obtained by virtualizing the plurality of water treatment devices (Tang disclose a modeling layer 20 that models the plurality of water treatment devices 11/12/13 through 3D modeling and simulation technology to obtain a corresponding virtual model so that background management can monitor each device 11/12/13 remotely; fig. 1, #20, [0010, 0015, 0035, 0046-0047, 0050-0051, 0055]. A mirror copy unit 412 is used to mirror the physical layer module 10, a data fusion unit 414 is used to fuse physical data, virtual data, and service data to obtain fused data; fig. 2, [0050]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051]) and controls the water treatment process based on the control content via the control apparatus (Tang disclose cloud server 41 of the terminal service layer module 40 issues instructions to the execution control unit 14 of the physical layer module 10 for timely correction; [0036, 0057]), wherein
the control apparatus includes a plurality of control apparatuses that control the plurality of water treatment devices, respectively (Tang disclose the system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035, 0046, 0058]. Each of the plurality of equipment systems 10 comprise a respective control apparatus for controlling the plurality of water treatment devices 11/12/13; [0046]), and
the management apparatus controls the water treatment process based on the control content via the plurality of control apparatuses (Tang disclose the system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035, 0046, 0058]. Tang disclose cloud server 41 of the terminal service layer module 40 issues instructions to the execution control unit 14 of the physical layer module 10 for timely correction; [0036, 0057]).
Regarding claim 2, Tang discloses the water treatment system according to claim 1 above, wherein the equipment system includes: a first equipment system that includes a plurality of first water treatment devices that executes a first water treatment process and a first control apparatus that controls the plurality of first water treatment devices; and a second equipment system that includes a plurality of second water treatment devices that execute a second water treatment process and a second control apparatus that controls the plurality of second water treatment devices (Tang disclose the system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035-0036, 0046, 0058] Each of the plurality of equipment systems 10 comprise a respective control apparatus for controlling the plurality of water treatment devices 11/12/13; [0046]), the first control apparatus optimizes the first water treatment process by using drive information on an operation status the plurality of first water treatment devices, the second control apparatus optimizes the second water treatment process by using device information on an operation status the plurality of second water treatment devices (Tang disclose the terminal server 40 includes cloud server 41 that uses AI intelligent cloud computing technology for storage, mirroring, analysis, fusion and calculations to process large amounts of data that change in real time in parallel, and self-optimizing iteration leads to results formed in the physical layer 10; [0049]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water equipment system; [0051]),
the management apparatus determines a control content of at least the first water treatment process and the second water treatment process by using a virtual system obtained by virtualizing at least the plurality of first water treatment devices and the plurality of second water treatment devices, and control the first water treatment process and the second water treatment process based on the control content via the first control apparatus and the second control apparatus (Tang disclose a modeling layer 20 that models the plurality of water treatment devices 11/12/13 of each equipment system 10 through 3D modeling and simulation technology to obtain a corresponding virtual model so that background management can monitor each device 11/12/13 remotely; fig. 1, #20, [0010, 0015, 0035-0036, 0046-0047, 0050-0051, 0055]. A mirror copy unit 412 is used to mirror the physical layer module 10, a data fusion unit 414 is used to fuse physical data, virtual data, and service data to obtain fused data; fig. 2, [0050]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051]. The system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035, 0046, 0058]. Each of the plurality of equipment systems 10 comprise a respective control apparatus for controlling the plurality of water treatment devices 11/12/13; [0046]. Cloud server 41 of the terminal service layer module 40 issues instructions to the execution control unit 14 of the physical layer module 10 for timely correction; [0036, 0057]).
Regarding claim 3, Tang disclose the water treatment system according to claim 2 above, wherein the management apparatus (Tang disclose management apparatus 43 as a computer or mobile phone; [0051]) acquires first process information on an operation status of the first water treatment process from the first control apparatus, acquires second process information on an operation status of the second water treatment process from the second control apparatus, generates a control content that optimizes a whole of the equipment system that includes the first equipment system and the second equipment system, based on at least the first process information and the second process information, and outputs the control content to the first control apparatus and the second control apparatus, the first control apparatus optimizes the first water treatment process in accordance with the control content that has been output from the management apparatus, the second control apparatus optimizes the second water treatment process in accordance with the control content that has been output from the management apparatus (Tang disclose each equipment system 10 comprise control unit 14 connected to the water treatment devices 11/12/13 for receiving data and issuing instructions to manage the equipment system 10; fig. 1, #14, [0010, 0046, 0057-0058]. The terminal server 40 includes cloud server 41 that uses AI intelligent cloud computing technology for storage, mirroring, analysis, fusion and calculation, to process large amounts of data that change in real time in parallel, and self-optimizing iteration leads to results formed in the physical layer 10; [0049]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051]. Data is extracted and used to judge the water based on the AI intelligent calculation results, a determination of an output action is made, and the cloud server 41 issues instructions to the control unit 14 of the physical layer module 10 for timely correction; [0057]. The system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035, 0046, 0058]. Each of the plurality of equipment systems 10 comprise a respective control apparatus for controlling the plurality of water treatment devices 11/12/13; [0046]. Cloud server 41 of the terminal service layer module 40 issues instructions to the execution control unit 14 of the physical layer module 10 for timely correction; [0036, 0057]).
Regarding claim 5, Tang disclose the water treatment system according to claim 1 above, wherein the management apparatus acquires process information on an operation status of the water treatment process from the control apparatus; executes simulation of the water treatment process by using the virtual system and the process information; and controls the water treatment process based on a result of the simulation via the control apparatus (Tang disclose each equipment system 10 comprise control unit 14 connected to field instrument 12 and actuators 13 for receiving data and issuing instructions to manage the water treatment equipment 11; fig. 1, #14, [0046, 0057-0058]. A modeling layer 20 that models each set of water treatment equipment 11 through 3D modeling and simulation technology to obtain a corresponding virtual model so that background management can monitor each equipment 11 remotely; fig. 1, #20, [0047]. The terminal server 40 includes cloud server 41 that uses AI intelligent cloud computing technology for storage, mirroring, analysis, fusion and calculation, to process large amounts of data that change in real time in parallel, and self-optimizing iteration leads to results formed in the physical layer 10; [0049]. A mirror copy unit 412 is used to mirror the physical layer module 10, a data fusion unit 414 is used to fuse physical data, virtual data, and service data to obtain fused data; fig. 2, [0050]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051] Data is extracted and used to judge the water based on the AI intelligent calculation results, a determination of an output action is made, and the cloud server 41 issues instructions to the control unit 14 of the physical layer module 10 for timely correction; [0057]).
Regarding claim 6, Tang discloses a water treatment method (Tang; fig. 4, [0052-0057]) comprising:
controlling a plurality of water treatment devices that are included in an equipment system and execute a water treatment process (Tang disclose an equipment system 10 includes a plurality of water treatment devices 11/12/13 as a reverse osmosis membrane water treatment device with valves and pressure meters. The system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0046, 0058]), using a control apparatus that is included in the equipment system (Tang disclose control unit 14 connected to the plurality of water treatment devices 11/12/13 for receiving data and issuing instructions to manage the equipment systems 10; fig. 1, #14, [0046, 0057-0058]);
determining a control content of the water treatment process by using a virtual system obtained by virtualizing the plurality of water treatment device (Tang disclose a modeling layer 20 that models the plurality of water treatment devices 11/12/13 through 3D modeling and simulation technology to obtain a corresponding virtual model so that background management can monitor each device 11/12/13 remotely; fig. 1, #20, [0010, 0015, 0035, 0046-0047, 0050-0051, 0055]. A mirror copy unit 412 is used to mirror the physical layer module 10, a data fusion unit 414 is used to fuse physical data, virtual data, and service data to obtain fused data; fig. 2, [0050]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051]); and
controlling the water treatment process based on the control content via the control apparatus, using a management apparatus that is included in a management system (Tang disclose management system 40 and management apparatus 43, where a modeling layer 20 that models the plurality of water treatment devices 11/12/13 through 3D modeling and simulation technology to obtain a corresponding virtual model so that background management can monitor each device 11/12/13 remotely; fig. 1, #20, [0010, 0015, 0035, 0046-0047, 0049-0051, 0055]. A mirror copy unit 412 is used to mirror the physical layer module 10, a data fusion unit 414 is used to fuse physical data, virtual data, and service data to obtain fused data; fig. 2, [0050]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051]), wherein
the controlling the plurality of water treatment devices includes controlling the plurality of water treatment devices, using a plurality of control apparatuses that are included in the equipment system and control the plurality of water treatment devices, respectively (Tang disclose the system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035, 0046, 0058]. Each of the plurality of equipment systems 10 comprise a respective control apparatus for controlling the plurality of water treatment devices 11/12/13; [0046]), and
the controlling the water treatment process includes controlling the water treatment process based on the control content via the plurality of control apparatuses (Tang disclose the system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035, 0046, 0058]. Tang disclose cloud server 41 of the terminal service layer module 40 issues instructions to the execution control unit 14 of the physical layer module 10 for timely correction; [0036, 0057]).
Regarding claim 7, Tang discloses an information processing apparatus comprising a controller (Tang disclose a terminal service layer module 40 comprising a computer or mobile phone and cloud server 41 for processing information and controlling water treatment equipment 11; figs. 1-2, [0049-0050]) that:
generates a virtual system obtained by virtualizing a plurality of water treatment devices that are included in an equipment system and execute a water treatment process (Tang disclose a modeling layer 20 that models a plurality of water treatment devices 11/12/13 in an equipment system 10 through 3D modeling and simulation technology to obtain a corresponding virtual model so that background management can monitor each device 11/12/13 remotely; fig. 1, #20, [0010, 0015, 0035, 0046-0047, 0050-0051, 0055]. A mirror copy unit 412 is used to mirror the physical layer module 10, a data fusion unit 414 is used to fuse physical data, virtual data, and service data to obtain fused data; fig. 2, [0050]. The physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051]);
determines a control content of the water treatment process by using the virtual system (Tang disclose the physical layer 10 and model layer 20 constitute the sample data of the interactive scenario framework and calculation data of the interactive scenario framework is used to judge the operation status of the corresponding water treatment equipment 11; [0051]); and
controls the water treatment process based on the control content via a control apparatus that is included in the equipment system and control the plurality of water treatment devices (Tang disclose cloud server 41 of the terminal service layer module 40 issues instructions to the execution control unit 14 of the physical layer module 10 for timely correction; [0057]),
the controller controls the water treatment process based on the control content via a plurality of control apparatuses that are included in the equipment system and control the plurality of water treatment devices, respectively (Tang disclose the system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0035, 0046, 0058]. Each of the plurality of equipment systems 10 comprise a respective control apparatus for controlling the plurality of water treatment devices 11/12/13; [0046]).
Response to Arguments
Applicant’s arguments, filed 01/27/2026, have been fully considered but are moot because the arguments are towards the amended claims and do not apply to the current grounds of rejection. However, because the examiner is using the same prior art in the rejection, then the examiner will address applicant’s remarks in order to promote compact prosecution.
Applicants argue on pages 7-10 of their remarks that Tang fails to disclose or suggest at least the amended features of claims 1, 6 and 7. In particular, with respect to claim 1, applicant argues Tang does not teach the claimed feature(s) of “ the control apparatus includes a plurality of control apparatuses that control the plurality of water treatment devices, respectively, and the management apparatus controls the water treatment process based on the control content via the plurality of control apparatus” as recited in the presently amended claim. Applicant argues that Tangs disclosure of “multiple water treatment equipment 11”, an “execution control unit 14”, and a “terminal service layer module 40” does/do not disclose or teach that an execution control unit 14 includes a plurality of control apparatuses that control multiple water treatment equipment 11, respectively, and the terminal service layer module 40 controls a water treatment process based on a control content via the plurality of control apparatuses.
The examiner respectfully disagrees. Tang disclose the system can serve a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13 at the same time. The equipment system 10 is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment; fig. 1, #11, [0010, 0015, 0035-0036, 0046, 0058]. Each of the plurality of equipment systems 10 comprise a respective control apparatus for controlling the plurality of water treatment devices 11/12/13; [0046]. The cloud server 41 of the terminal service layer module 40 issues instructions to the execution control unit 14 of the physical layer module 10 for timely correction; [0036, 0057]. In summary, Tang disclose devices 12/13 are used in conjunction with each water treatment equipment 11 forming an equipment system 10, where multiple water treatment equipment 11 may be served at the same time (where each equipment 11 which would require multiple devices 12/13 to interface with the control 14 to acquire the physical data associated with each equipment 11; see Tang [0046 – “a number of actuators 13 with field instruments 12 installed on the water treatment device 11, used to collect physical data and execute instructions on site”), and each system is virtualized and controlled by a management system. Specifically, Tang disclose:
“Physical layer module, including at least one water treatment equipment, several actuators with field instruments installed on the water treatment equipment, used to collect physical data and execute instructions on site, and connect with water treatment equipment, field instruments and actuators”, see paragraph [0010].
“the system of the present invention can serve multiple water treatment equipment 11 at the same time, and the water treatment equipment 11 of the present invention is not limited to the reverse osmosis water treatment equipment 11, and can be any number of water treatment equipment 11, the same is true. There is essentially no difference in replacing water treatment equipment 11 with equipment in other fields using the system of the present invention for management. The above embodiments are only used to illustrate the technical solutions of the present invention, not to limit the protection scope of the present invention.”, see paragraph [0058]
“The present invention uses the execution control unit of the physical layer module to control each set of field devices to collect physical data, and through the modeling unit of the model layer module for each set of field devices for one-to-one 3D simulation modeling, according to the cloud. The mirror replication unit of the server replicates physical data to obtain virtual data, and at the same time docks the relevant data platforms of each water treatment plant according to the platform docking unit to obtain service data. Finally, the data fusion unit is used to fuse the physical data, virtual data, and service data to obtain the fused data, and use AI intelligent cloud computing technology for analysis and processing to obtain sample data that can make the physical layer module and the model layer module form an interactive scenario framework Mapped to 3D simulation modeling, it is convenient to display the dynamic operation panorama of the field equipment, so that the background management can monitor each device remotely. Compared with all data monitoring, the panorama model is more intuitive and vivid, which is convenient for the decision-making of the expert team. The invention can monitor and manage each device in real time through the software terminal. When problems and failures are encountered, the AI intelligent cloud computing technology can combine the results of expert consultations to remotely intervene in the physical layer module to solve the problems, which saves money compared with traditional maintenance methods. A lot of labor and time costs, and the management is more systematic and complete, and the user experience is better.” see paragraphs [0035-0036].
Accordingly, the water treatment process and system of Tang comprise a plurality of equipment systems 10 comprising a plurality of water treatment devices 11/12/13, wherein each of the plurality of equipment system 10 has a control apparatus 14 that interfaces with the management apparatus 43 to control the water treatment process based on control content including physical data, virtual data, AI mathematical model algorithms, calculation data, and correction data via the plurality of control apparatuses (Tang; [0010, 0035-0036, 0046, 0049, 0053-0058]).
Applicant argues, see pages 10-12 of their remarks, towards the 101 rejection(s) over claims 1-7, that the Supreme Court’s Alice/May test is a two-part test to identify claims that are directed to a judicial exception (Step 2A) and to then evaluate if the additional elements of the claim provide an inventive concept (Step 2B), and that the presently amended claims 1, 6, and 7 are not anticipated nor obvious from the prior art reference. Applicant requests support for documentation that the combination of elements are well-understood, routine, and conventional activity according to MPEP 2106.05(d).
The examiner respectfully disagrees with Applicant that the presently amended claims 1, 6, and 7 are not anticipated nor obvious from the prior art reference, and that both Tang and Rickard provide a citation to a publication that demonstrates the well-understood, routine, conventional nature of the additional elements according to MPEP 2106.05(d). Specifically, the claim recites the additional elements of an equipment system including a plurality of water treatment device that executes a water treatment process. In other words, outside of the abstract idea(s), the claims are directed towards a plurality of generic water treatment apparatus with a corresponding controller, which would read on any plurality of water treatment apparatuses and would not be considered particular machines. In this case, the claims are recited generically and do not transform the water treatment apparatuses into a different thing aside from it’s conventional use (MPEP 2106.05(b) & (c)). However, these additional elements do not amount to significantly more as they are well-understood, routine, and conventional (WURC) in the art as evidenced by Translation of Tang et al. (CN 111694286A – hereinafter “Tang”) and Rickard et al. (US 2021/0255748 – hereinafter “Rickard”). Tang and Rickard teach an equipment system (Tang; fig. 1, #10, “physical layer module” [0046] and Rickard; fig. 1, #130, [0061]) including a plurality of water treatment device that executes a water treatment process (Tang; fig. 1, #11, [0046, 0058] and Rickard; fig. 1, #132, [0062]).
Regarding applicant’s request for suggested claim elements on pages 11, it is not clear to the examiner at this time which additional elements from applicant’s specification could be added to the claim to make the claim eligible.
Citations to art
In the above citations to documents in the art, an effort has been made to specifically cite representative passages, however rejections are in reference to the entirety of each document relied upon. Other passages, not specifically cited, may apply as well.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/C.A.T./Examiner, Art Unit 1798
/BENJAMIN R WHATLEY/Primary Examiner, Art Unit 1798