DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 101
3. 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.
3.1 Claims1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Is the claim directed to a statutory category?
Yes. The claims are directed to a system (claim 1), a method (claim 13), a non-transitory medium (claim 17).
Step 2A- Prong One
The claim(s) recite(s) a system (claim 1), a method (claim 13), a non-transitory medium (claim 17), comprising: The step that: “determines whether a defined revert condition, applicable to an industrial asset model, has been satisfied”; “in response to the defined revert condition being determined to be satisfied, reverts the industrial asset model from a second version of the industrial asset model to a first version of the industrial asset model”, under the broadest reasonable interpretation fall under a mental process. Therefore, the claims are directed to an abstract idea, by use of generic computer components and thus are clearly directed to an abstract idea, as constructed.
Step 2A Prong Two
This judicial exception is not integrated into a practical application because the additional limitation such as: “a processor”; “a memory”, “executable components”, “a model condition component”; “a versioning component”; “a test component”; “a communication component”; “a device interface component”; “a change component”; “a verification component”; “non-transitory computer-readable medium” having stored thereon “instructions”; either alone or in combination, all serve to gather and process data and do not add anything more significantly to the judicial exception, but are mere instructions to apply the exception using a generic computer component that are well known, routine, and conventional activities (see specification at para [0044-0051], [0073-0074]; and fig.1-3) which can be of any type, including general-purpose computer previously known in the industries. Merely adding a programmable computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice, 573 U.S. at 223-24. Furthermore, the use of a general-purpose computer to apply an otherwise ineligible algorithm does not qualify as a particular machine. See Ultramerciallnc. v. Hulu, LLC, 772F.3d 709, 716-17 (Fed. Cir. 20l4); In re TLI Commc 'ns LLC v. AV Automotive, LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept); Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, 785; that are well-known, routine and conventional activities and are not sufficient to amount to significantly more than the judicial exception (See further MPEP 2106.05(d)(i-iv)-f); thus are not patent eligible under 35 USC 101.
Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as previously discussed above with reference to the integration of abstract idea into a practical application, the additional elements of: “a processor”; “a memory”, “executable components”, “a model condition component”; “a versioning component”; “a test component”; “a communication component”; “a device interface component”; “a change component”; “a verification component”; “non-transitory computer-readable medium” having stored thereon “instructions”; either alone or in combination, all serve to gather and process data and do not add anything more significantly to the judicial exception, but are mere instructions to apply the exception using a generic computer component that are well known, routine, and conventional activities (see specification at para [0044-0051], [0073-0074]; and fig.1-3) which can be of any type, including general-purpose computer previously known in the industries. Merely adding a programmable computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice, 573 U.S. at 223-24. Furthermore, the use of a general-purpose computer to apply an otherwise ineligible algorithm does not qualify as a particular machine. See Ultramerciallnc. v. Hulu, LLC, 772F.3d 709, 716-17 (Fed. Cir. 20l4); In re TLI Commc 'ns LLC v. AV Automotive, LLC, 823 F.3d 607, 613 (Fed. Cir. 2016) (mere recitation of concrete or tangible components is not an inventive concept); Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, 785; that are well-known, routine and conventional activities and are not sufficient to amount to significantly more than the judicial exception (See further MPEP 2106.05(d)(i-iv)-f); thus are not patent eligible under 35 USC 101. Therefore, using computer components amount to no more than mere instructions to perform the abstract, and thus are not sufficient to amount to significantly more than the recited abstract, as constructed.
3.2 Dependent claims 2-12, 14-16, 18-20 merely include limitations pertaining to: (claims 2 and 14), “facilitates a test of the second version of the industrial asset model according to a defined asset model test, wherein the defined revert condition comprises a failure of the test” (mental process). (claims 3 and 15); “receives, from an authorized external device, an instruction to revert the industrial asset model from the second version to the first version, wherein the defined revert condition comprises reception of the instruction” (WURC data gathering); (claims 4 and 16); “wherein the industrial asset model comprises a defined file system” (mental process); (claim 5); “wherein the defined file system comprises a JavaScript object notation type file system, and wherein industrial asset model comprises a JavaScript object notation type industrial asset model” (mental process); (claim 6); “wherein respective versions of the industrial asset model, comprising the first version and the second version, are stored in an industrial asset model data store” (WURC to store data in a storage); (claims 7 and 18) “in response to the second version of the industrial asset model being determined to be reverted to the first version of the industrial asset model, applies a change, corresponding to a difference between the second version of the industrial asset model and the first version of the industrial asset model, and applicable to an industrial device represented in the industrial asset model, to the industrial device” (WURC post-solution activities or otherwise a mental process); (claim 8) “determines the change applicable to the industrial device” (mental process); (claims 9 and 19) “wherein the change is applied to the industrial device concurrently with the reverting of the industrial asset model from the second version to the first version” (mental process); (claims 10 and 20) “verifies, according to a defined verification criterion, the reverting of the industrial asset model from the second version to the first version, wherein the device interface component applies the change to the industrial device in response to the reverting of the industrial asset model from the second version to the first version being determined to be verified” (mental process); (claim 11) “wherein the change comprises an addition of a first industrial device to the industrial asset model or a removal of a second industrial device from the industrial asset model” (mental process or otherwise a mathematical concept); (claim 12) “wherein the industrial asset model comprises computer aided design data, schematic data, industrial device instruction manual data, configuration data, or control program file data applicable to an industrial asset represented in the industrial asset model” (mental process); all of which further amount to further mental process similar to that already recited by the independent claims and already addressed above and thus are further not patent eligible under 35 USC 101.
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 1-4, 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Strohmenger et al. (USPG_PUB No. 2016/0274553), in view of Visoky et al. (USPG_PUB No. 2023/0421615).
5.1 In considering claims 1, 13, and 17, Strohmenger et al. teaches a system, comprising:
a memory that stores executable components (see para [0163], the modeler component 600 can contain a data store 636 that can store data structures (e.g., user data, metadata); code structure(s) (e.g., modules, objects, classes, procedures), commands, or instructions; industrial data or other data associated with industrial automation systems or industrial enterprises) and a processor, operatively coupled to the memory (see para [0132], In an aspect, the processor component 348 can be functionally coupled (e.g., through a memory bus) to the data store 350 in order to store and retrieve data desired to operate and/or confer functionality, at least in part, to the capture component 344, [0162], [0162] The modeler component 600 also can comprise a processor component 634 that can operate in conjunction with the other components (e.g., communication component 602, aggregator component 604, monitor component 606, etc.) to facilitate performing the various functions and operations of the modeler component 600. The processor component 634 can employ one or more processors (e.g., CPUs, GPUs, FPGAs, etc.) and [0163]), that executes the executable components, the executable components comprising:
a model condition component that determines whether a defined revert condition, applicable to an industrial asset model, has been satisfied (see para [0161] The model management component 618 also can comprise a simulation component 632 that can generate or augment a model of the industrial automation system for use as a simulation model of the industrial automation system based at least in part on the simulation or emulation of the industrial control system, in accordance with the set of defined modeling criteria. The simulation component 632 also can use the simulation model to facilitate simulating operation of the industrial automation system under (e.g., in response to) a given set of conditions (e.g., under a set of conditions associated with a modification (e.g., adjustment to a modeled control, adjustment to a modeled switch, addition of a modeled industrial device, replacement of a modeled industrial device with a new modeled industrial device, change of a parameter on a modeled industrial device, etc.) to the model (or associated virtualized industrial control system) that is under consideration). The model management component 618 or a user can analyze the results of the simulated operation of the industrial automation system, and can determine whether the modification to the model (or associated virtualized industrial control system) that is under consideration is to be performed, and determine whether the corresponding modification to the industrial automation system is to be performed, based at least in part on the analysis results.); and a versioning component that, in response to the defined revert condition being determined to be satisfied, reverts the industrial asset model from a second version of the industrial asset model to a first version of the industrial asset model (see para [0196], The model management component can generate, manage, modify, and/or update the model of the industrial automation system based at least in part on the results of the analysis of the set of industrial-automation-system-related data. For example, using the analysis results, the model management component can facilitate generating, managing, modifying, and/or updating the model of the industrialized automation system, based at least in part on the respective modeling of industrial devices, software and/or firmware configurations (including software or firmware revisions or updates) associated with industrial devices and/or other components of the industrial automation system. [0219] At 1712, the information relating to the change to the industrial automation system and the model information can be analyzed. The model management component can analyze the information relating to the change to the industrial automation system and the model information to facilitate modifying or updating the model to reflect the change to the industrial automation system. [0220] At 1714, the model can be modified to generate a modified model of the industrial automation system based at least in part on the results of the analysis of the information relating to the change to the industrial automation system and the model information. The model management component can modify the model to generate the modified model based at least in part on the analysis results. The modified model can incorporate and model the change to the industrial automation system. [0227-0228]). The examiner respectfully notes that Strohmenger et al.’s teachings of change by addition or subtraction which suggests that a reversion of the previously modified model back to a first model by subtraction or replacement of a second model to a first mode and vice a versa (see para [0226] At 1806, in response to determining that the operation of the industrial automation system; For example, in response to a change (e.g., replacement of an industrial device) in one portion of the industrial automation system,, wherein the change to the industrial automation system comprises at least one of an addition of an industrial device or a network-related device to the industrial automation system, a replacement of a first industrial device with a second industrial device in the industrial automation system, a replacement of a first network-related device with a second network-related device in the industrial automation system, a connection modification of a connection associated with the first industrial device or the first network-related device).
Nevertheless, Visoky et al. teaches the step to revert the industrial asset model from a second version of the industrial asset model to a first version of the industrial asset model (see para [0022], The OT asset may then revert a state of the OT asset back to a previous state of the OT asset. [0029], After receiving the snapshot of the digital twin, the component of the industrial automation system 10 may revert to the state of the component before the security update was implemented based on the snapshot of the digital twin. [0039], the component of the industrial automation system 10 may revert to the state of the component before the security update was implemented based on the snapshot of the digital twin. [0072], With the foregoing in mind, FIG. 7 illustrates a method 300 in which the container node 30 may transmit a snapshot of a digital twin of a particular component of the industrial automation system 10 to revert or restore a state of the particular component of the industrial automation system 10 to the state of the particular component before a change has been implemented to the component.).
Strohmenger et al. and Visoky et al. are analogous art because they are from the same field of endeavor and that the model analyzes by Visoky et al. is similar to that of Strohmenger et al. Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.2 Regarding claims 2 and 14, the combined teachings of Strohmenger et al. and Visoky et al. teaches a test component that facilitates a test of the second version of the industrial asset model according to a defined asset model test, wherein the defined revert condition comprises a failure of the test (see Strohmenger et al. para [0229], For example, when there is time (e.g., in a non-emergency or non-time-critical situation) to simulate the change to the industrial automation system to test the results of such a change, prior to actually making the change, the method 1800 can be modified to perform the simulation of the operation of the industrial automation system, using the modified model, analyze the results of the simulation to determine whether operation of the industrial automation system will be deficient as a result of the change. [0151], The interface component 612 also can deliver upgrade notifications, firmware upgrades, reports or notifications regarding the evaluation of and determinations regarding proposed modifications to an industrial automation system, notifications of impending device failures, identification of asset or system inefficiencies, configuration recommendations, or other such data to the client device. Further see Visoky et al. para [0022], The OT asset may then revert a state of the OT asset back to a previous state of the OT asset. [0029], After receiving the snapshot of the digital twin, the component of the industrial automation the industrial system 10 may revert to the state of the component before the security update was implemented based on the snapshot of the digital twin. [0039], the component of the industrial automation system 10 may revert to the state of the component before the security update was implemented). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.3 As per claims 3 and 15, the combined teachings of Strohmenger et al. and Visoky et al. teaches a communication component that receives, from an authorized external device, an instruction to revert the industrial asset model from the second version to the first version, wherein the defined revert condition comprises reception of the instruction (see Strohmenger et al. para [0151] The modeler component 600 can comprise an interface component 612 that can be employed to facilitate interfacing the modeler component 600 (or interfacing an associated virtualization component), including model of an industrial automation system generated by the modeler component 600 (or an associated virtualized industrial automation system generated by the virtualization component), with industrial automation systems and their constituent components (e.g., industrial devices or assets, network-related devices or assets, etc.) or processes, systems or devices associated with customers, systems or devices associated with device manufacturers, etc. For instance, the interface component 612 can be configured to receive industrial data (e.g., device data, process data, asset data, system data, configuration data, status data, process variable data, etc.) sent by one or more cloud-capable industrial devices, cloud gateway components, communication devices, or other sources of industrial data. The interface component 612 also can be configured to receive network-related data (e.g., data relating to communication conditions, network-status data, data identifying network-related devices, etc.) communicated by one or more network-related devices of the network component of an industrial automation system. Further see Visoky et al. para [0029], After receiving the snapshot of the digital twin, the component of the industrial automation system 10 may revert to the state of the component before the security update was implemented based on the snapshot of the digital twin. [0030] The industrial control system 12 may be communicatively coupled to a display/operator interface 20 (e.g., a human-machine interface (HMI)) and to devices of the industrial automation system 10 (e.g., OT assets).). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.4 With regards to claims 4 and 16, the combined teachings of Strohmenger et al. and Visoky et al. teaches that wherein the industrial asset model comprises a defined file system (see Strohmenger: [0056], “The set of data also can comprise information relating to, for example, the configuration of the network-related devices in relation to each other, or the configuration of network-related devices in relation to the industrial devices 110, industrial processes 112, and/or other industrial assets 114; software, firmware, and/or operating system utilized by the industrial automation system 106 (e.g., type(s), version(s), revision(s), configuration(s), etc., of the software, firmware, and/or operating system); functional and communicative relationships between industrial devices 110, industrial processes 112, industrial assets 114, network-related devices of the network component 116, etc. (e.g., communication connections or conditions between industrial devices, types of connections between industrial devices, communication connections between industrial devices and network-related devices, etc.).” [0077], “The model 204 or the set of data can comprise information relating to, for example, the respective properties, characteristics, functions, configurations, etc., of respective industrial devices 210, industrial processes 212, other industrial assets 214, or network-related devices of the network component 216; or the configuration of industrial devices 210, industrial processes 212, or other industrial assets 214 in relation to each other. For example, the properties or characteristics for industrial devices 210 or industrial processes 212 can comprise mechanical or process properties or characteristics associated with industrial devices or processes (e.g., mechanical latency, process cycle times, operating schedules, etc., associated with industrial devices). As another example, the properties or characteristics for network-related devices of the network component 216 can comprise communication properties or characteristics (e.g., wireless and/or wireline communication functionality, type(s) of network or communication protocol(s), network or communication specifications, total bandwidth, etc.) of the respective network-related devices.” [0078]). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.5 Regarding claim 6, the combined teachings of Strohmenger et al. and Visoky et al. teaches that wherein respective versions of the industrial asset model, comprising the first version and the second version, are stored in an industrial asset model data store (Strohmenger et al. para [0066], “As part of a model of an industrial automation system 106, the model management component 120 can store configuration information for respective industrial assets (e.g., 110, 112, 114); [0163] In yet another aspect, the modeler component 600 can contain a data store 636 that can store data structures (e.g., user data, metadata); code structure(s) (e.g., modules, objects, classes, procedures), commands, or instructions; industrial data or other data associated with industrial automation systems or industrial enterprises; [0200], In other implementations, certain components (e.g., model management component or collection component) can be located outside of the cloud platform and can access the cloud platform (e.g., the data store in the cloud platform) to facilitate analyzing the data in the data store to facilitate generating, managing, and/or updating a model that can correspond to, and interface or interact with, an industrial automation system of the set of industrial automation systems. Para [0201] At 1504, the set of data can be stored in a data store. The collection component can facilitate storing the set of data in the data store, wherein the data store can be a cloud-based data store located in the cloud platform.). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.6 As per claims 7 and 18, the combined teachings of Strohmenger et al. and Visoky et al. teaches that wherein the executable components further comprise: a device interface component that, in response to the second version of the industrial asset model being determined to be reverted to the first version of the industrial asset model, applies a change, corresponding to a difference between the second version of the industrial asset model and the first version of the industrial asset model, and applicable to an industrial device represented in the industrial asset model, to the industrial device (see Strohmenger: para [0067], “In response to receiving the model (e.g., pre-deployed model) of the industrial asset (e.g., 110), the model management component 120 can integrate or incorporate the model of the industrial asset (e.g., 110) into the model 104 of the industrial automation system 106 to update the model 104 and generate a modified model 104 of the industrial automation system 106. The modification or reconfiguration can comprise, for example, modifying a parameter(s) of the industrial asset (e.g., industrial device 110, industrial process 112, other industrial asset 114), modifying a connection of the industrial asset (e.g., 110, 112, 114) to another industrial asset or network-related device, updating software or firmware for an industrial asset (e.g., 110, 112, 114) or a network-related device, generating a new load balancing scheme for the industrial automation system 106, or other desired modification or reconfiguration of an industrial asset (e.g., 110, 112, 114) or network-related device of the network component 116.” Paragraph 0061; This can facilitate improved (e.g., easier) deployment of new industrial assets (e.g., 110, 112, 114), network-related devices, or systems, and/or can facilitate ensuring consistency of plant standards across the plant (e.g., comprising an industrial automation system) or multiple plants (e.g., comprising multiple industrial automation systems) and/or one or more entities (e.g., supplier entities) associated with the one or more plants. For example, if an old industrial device 110 (e.g., old controller) in a particular part of an industrial automation system 106 is replaced with a new industrial device 110 (e.g., new controller) for whatever reason, in response to discovering or being notified of the new industrial device 110 in the industrial automation system, the model management component 120 can retrieve configuration information that was previously used for the old industrial device 110 from the data store 118 in the cloud and can communicate desirable (e.g., suitable) configuration information to the new industrial device 110 to facilitate configuring the new industrial device 110 so that the new industrial device 110 can operate desirably (e.g., optimally, acceptably, suitably) in the industrial automation system 106, wherein the desirable configuration information can be the same as, or based at least in part on, the retrieved configuration information associated with the old industrial device 110, depending on the respective types, models, manufacturers, and/or other features of the old industrial device 110 and new industrial device 110.”). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.7 With regards to claim 8, the combined teachings of Strohmenger et al. and Visoky et al. teaches: a change component that determines the change applicable to the industrial device (see Strohmenger et al. para 0213] FIG. 17 presents a flow diagram of an example method 1700 that can modify a model of an industrial automation system in response to a change made to the industrial automation system, in accordance with various implementations and embodiments of the disclosed subject matter. The method 1700 can be implemented by a modeler system that can comprise a modeler component that can comprise a collection component, a data store, and/or a model management component. All or a desired portion of the modeler component can reside in a cloud platform. [0216] At 1706, a change to the industrial automation system can be detected (e.g., automatically or dynamically detected). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.8 As per claims 9 and 19, the combined teachings of Strohmenger et al. and Visoky et al. teaches that wherein the change is applied to the industrial device concurrently with the reverting of the industrial asset model from the second version to the first version (see Visoky et al. para [0022], [0029], [0072], After receiving the snapshot of the digital twin, the component of the industrial automation system 10 may revert to the state of the component before the security update was implemented based on the snapshot of the digital twin. Further see Strohmenger et al. para [0216] At 1706, a change to the industrial automation system can be detected (e.g., automatically or dynamically detected). The model management component can detect one or more changes to an industrial device, industrial process, other industrial asset, or network-related device of the industrial automation system. The one or more changes can comprise or related to, for example, a replacement of an industrial device, industrial asset, or network-related device, a modification of a connection or other relationship (e.g., functional or geographic relationship) between an industrial asset (e.g., industrial device, industrial process, or other industrial asset) and another component (e.g., another industrial asset, a network-related device), a modification of an industrial process, or a modification of a parameter(s) or configuration of an industrial asset or network-related device. For example, the model management component can detect or identify that an industrial device of the industrial automation system has been replaced with a new industrial device. [0217] At 1708, information relating to the change to the industrial automation system can be received (e.g., in the cloud). The collection component can receive the information relating to the change to the industrial automation system. For example, if an industrial device has been replaced with a new industrial device, the model management component can poll the new industrial device for information relating to the new industrial device and/or other aspects of the change to the industrial automation system, and the new industrial device can provide such information to the collection component via a cloud gateway component associated with the new industrial device. [0220] At 1714, the model can be modified to generate a modified model of the industrial automation system based at least in part on the results of the analysis of the information relating to the change to the industrial automation system and the model information. The model management component can modify the model to generate the modified model based at least in part on the analysis results. The modified model can incorporate and model the change to the industrial automation system. For example, if the change information comprises a pre-deployed model of the industrial device, the model management component can incorporate the pre-deployed model of the industrial device and any other associated change information in the model to update the model to generate the modified model.). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.9 Regarding claims 10 and 20, the combined teachings of Strohmenger et al. and Visoky et al. teaches: a verification component that verifies, according to a defined verification criterion, the reverting of the industrial asset model from the second version to the first version, wherein the device interface component applies the change to the industrial device in response to the reverting of the industrial asset model from the second version to the first version being determined to be verified (see Strohmenger et al. para [0061], te the model 104 and generate a modified model 104 of the industrial automation system 106. The model management component 120 also can analyze the modified model 104 of the industrial automation system 106 to determine whether any modification(s) is to be made or recommended to be made to an industrial asset(s) (e.g., 110, 112, 114) or network-related device(s) of the network component 116 to facilitate optimizing or improving operation of the industrial automation system 106 with the new industrial asset (e.g., 110). In some implementations, the model management component 120 can communicate modification information to an industrial asset(s) (e.g., 110, 112, 114) or network-related device(s) of the network component 116 to facilitate modifying (e.g., automatically, dynamically) such industrial asset(s) (e.g., 110, 112, 114) or network-related device(s), wherein such industrial asset(s) (e.g., 110, 112, 114) or network-related device(s) can modify or reconfigure itself based at least in part on the received modification information. [0229], simulate the change to the industrial automation system to test the results of such a change, prior to actually making the change, the method 1800 can be modified to perform the simulation of the operation of the industrial automation system, using the modified model, analyze the results of the simulation to determine whether operation of the industrial automation system will be deficient as a result of the change, determine a modification that can be made to another portion of the industrial automation system to account for the change and improve operation of the industrial automation system after the change, and facilitate making the modification to the other portion of the industrial automation system (e.g., by sending modification or configuration information to the other portion of the industrial automation system. Further Visoky et al. para [0039], For instance, if a security update that was implemented in the component of the industrial automation system 10 caused an unintended change, the container node 30 may push a snapshot of the digital twin representing the state of the component before the security update was implemented to the component of the industrial automation system 10. After receiving the snapshot of the digital twin, the component of the industrial automation system 10 may revert to the state of the component before the security update was implemented ). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.10 As per claim 11, the combined teachings of Strohmenger et al. and Visoky et al. teaches that wherein the change comprises an addition of a first industrial device to the industrial asset model or a removal of a second industrial device from the industrial asset model (see Strohmenger et al. para [0161], The simulation component 632 also can use the simulation model to facilitate simulating operation of the industrial automation system under (e.g., in response to) a given set of conditions (e.g., under a set of conditions associated with a modification (e.g., adjustment to a modeled control, adjustment to a modeled switch, addition of a modeled industrial device, replacement of a modeled industrial device with a new modeled industrial device, change of a parameter on a modeled industrial device, etc.) to the model (or associated virtualized industrial control system) that is under consideration). The model management component 618 or a user can analyze the results of the simulated operation of the industrial automation system, and can determine whether the modification to the model (or associated virtualized industrial control system) that is under consideration is to be performed, and determine whether the corresponding modification to the industrial automation system is to be performed, based at least in part on the analysis results. 0216] At 1706, a change to the industrial automation system can be detected (e.g., automatically or dynamically detected). The model management component can detect one or more changes to an industrial device, industrial process, other industrial asset, or network-related device of the industrial automation system. The one or more changes can comprise or related to, for example, a replacement of an industrial device, industrial asset, or network-related device, a modification of a connection or other relationship (e.g., functional or geographic relationship) between an industrial asset (e.g., industrial device, industrial process, or other industrial asset) and another component (e.g., another industrial asset, a network-related device), a modification of an industrial process, or a modification of a parameter(s) or configuration of an industrial asset or network-related device. For example, the model management component can detect or identify that an industrial device of the industrial automation system has been replaced with a new industrial device.). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
5.11 With regards to claim 12, the combined teachings of Strohmenger et al. and Visoky et al. teaches that wherein the industrial asset model comprises computer aided design data, schematic data, industrial device instruction manual data, configuration data, or control program file data applicable to an industrial asset represented in the industrial asset model (see Strohmenger: “The model 204 or the set of data can comprise information relating to, for example, the respective properties, characteristics, functions, configurations, etc., of respective industrial devices 210, industrial processes 212, other industrial assets 214, or network-related devices of the network component 216; or the configuration of industrial devices 210, industrial processes 212, or other industrial assets 214 in relation to each other. For example, the properties or characteristics for industrial devices 210 or industrial processes 212 can comprise mechanical or process properties or characteristics associated with industrial devices or processes (e.g., mechanical latency, process cycle times, operating schedules, etc., associated with industrial devices). As another example, the properties or characteristics for network-related devices of the network component 216 can comprise communication properties or characteristics (e.g., wireless and/or wireline communication functionality, type(s) of network or communication protocol(s), network or communication specifications, total bandwidth, etc.) of the respective network-related devices.” Paragraph 0077; “The model 204 and/or the set of data also can comprise information relating to, for example, the configuration of the network-related devices of the network component 216 in relation to each other, or the configuration of network-related devices in relation to the industrial devices 210, industrial processes 212, and/or other industrial assets 214; software, firmware, and/or operating system utilized by the industrial automation system 206 (e.g., type(s), version(s), revision(s), configuration(s), etc., of the software, firmware, and/or operating system); functional and communicative relationships between industrial devices 210, industrial processes 212, industrial assets 214, network-related devices of the network component 216, etc. (e.g., communication connections or conditions between industrial devices, types of connections between industrial devices, communication connections between industrial devices and network-related devices, etc.). The model 204 or the set of data further can include information relating to, for example, human behavior or interaction in connection with the industrial automation system 206 (e.g., maintenance schedules, shift-specific or operator-specific behavior or interaction of operators with the industrial automation system); production or process flows of the industrial automation system 206 at particular times or in connection with particular projects; and/or other aspects or features of the industrial automation system 206.” Paragraph 0078). Therefore, it would have been obvious to a person of skilled in the art to combine the method of Visoky et al. with that of Strohmenger et al. because Visoky et al. teaches an improved system and method that manages and updates security of the network ([0002]).
6. Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Strohmenger et al. (USPG_PUB No. 2016/0274553), in view of Visoky et al. (USPG_PUB No. 2023/0421615), further in view of Ranjan et al. (USPG_PUB No. 2020/0182498).
6.1 As per claim 5, the combined teachings of Strohmenger et al. and Visoky et al. teaches most of the instant invention; however, he does not expressly teach that wherein the defined file system comprises a JavaScript object notation type file system, and wherein industrial asset model comprises a JavaScript object notation type industrial asset model. Ranjan et al. teaches that wherein the defined file system comprises a JavaScript object notation type file system, and wherein industrial asset model comprises a JavaScript object notation type industrial asset model (see para [0077], The model 204 or the set of data can comprise information relating to, for example, the respective properties, characteristics, functions, configurations, etc., of respective industrial devices 210, industrial processes 212, other industrial assets 214, or network-related devices of the network component 216; or the configuration of industrial devices 210, industrial processes 212, or other industrial assets 214 in relation to each other. For example, the properties or characteristics for industrial devices 210 or industrial processes 212 can comprise mechanical or process properties or characteristics associated with industrial devices or processes (e.g., mechanical latency, process cycle times, operating schedules, etc., associated with industrial devices). As another example, the properties or characteristics for network-related devices of the network component 216 can comprise communication properties or characteristics (e.g., wireless and/or wireline communication functionality, type(s) of network or communication protocol(s), network or communication specifications, total bandwidth, etc.) of the respective network-related devices.” Para [0078], “The model 204 and/or the set of data also can comprise information relating to, for example, the configuration of the network-related devices of the network component 216 in relation to each other, or the configuration of network-related devices in relation to the industrial devices 210, industrial processes 212, and/or other industrial assets 214; software, firmware, and/or operating system utilized by the industrial automation system 206 (e.g., type(s), version(s), revision(s), configuration(s), etc., of the software, firmware, and/or operating system); functional and communicative relationships between industrial devices 210, industrial processes 212, industrial assets 214, network-related devices of the network component 216, etc. (e.g., communication connections or conditions between industrial devices, types of connections between industrial devices, communication connections between industrial devices and network-related devices, etc.). The model 204 or the set of data further can include information relating to, for example, human behavior or interaction in connection with the industrial automation system 206 (e.g., maintenance schedules, shift-specific or operator-specific behavior or interaction of operators with the industrial automation system); production or process flows of the industrial automation system 206 at particular times or in connection with particular projects; and/or other aspects or features of the industrial automation system 206.”).
Strohmenger et al., Visoky et al., and Ranjan et al. are analogous art because they are from the same field of endeavor and that the model analyzes by Ranjan et al. is similar to Strohmenger et al. and Visoky et al. Therefore, it would have been obvious to a person of skilled in the art to combine the method of Ranjan et al. with that of Strohmenger et al. and Visoky et al. because Visoky et al. teaches an improved industrial management system ([0002]).
Conclusion
7. Claims 1-20 are rejected and this action is non-final. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE PIERRE-LOUIS whose telephone number is (571)272-8636. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
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/ANDRE PIERRE LOUIS/Primary Patent Examiner, Art Unit 2187 July 29, 2026
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