DETAILED ACTION
Claims 1-46 are pending.
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 Arguments
Applicant’s arguments, filed 12/10/2025, have been fully considered but are moot in view of the new ground(s) of rejection.
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, 9-13, 15-21, and 26-46 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frank et al., US Patent No. 6,832,120 (hereinafter Frank).
Regarding claims 1, 9-13, 15-21, and 26-46, Frank discloses all the claimed limitations as outlined below.
Claim 1. A process control or automation system of an industrial process plant, comprising: a plurality of physical devices, each of which performs a respective physical function utilized in control of an industrial or automation process provided by an enterprise at the industrial process plant;
a compute fabric executing on a hardware platform; and a plurality of instantiated micro-encapsulated execution environments (MEEEs) disposed in the compute fabric, communicatively connected to the plurality of physical devices, and configured to at least one of transmit information to or receive information from the plurality of physical devices, thereby controlling at least a portion of the industrial or automation process (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
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It can be noted that the industrial process plant comprises physical devices).
9. The process control or automation system of claim 1, wherein a first instantiated MEEE of the plurality of instantiated MEEEs is a virtual process controller or a virtual safety controller, and the plurality of instantiated MEEEs further includes at least one of: another virtual process controller, another virtual safety controller; a virtual safety logic solver; a virtual I/O card, device, or node; a virtual wireless device; a virtual Ethernet device; a virtual operator workstation; a virtual user interface device; a virtual tool; a virtual gateway; a virtual electronic marshalling cabinet or system; a virtualization of another type of physical device or component disposed within a physical environment of the industrial process plant; a control service; a service providing a subsystem of the process control or automation system; or a service providing business logic of the process control or automation system (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
10. The process control system of claim 9, wherein the plurality of instantiated MEEEs further includes at least one of: a monitoring application or service, an operational application or service, a diagnostic application or service, a dashboard application or service, a user interface application or service, an analytics application or service, a safety routine application or service, a reporting application or service, a historization application or service, a configuration application or service, a simulation application or service, a process control resource and/or resource management service, an automation resource and/or resource management service, an external communications application or service, an alarm application or service, a licensing application or service, a third-party application or service, a service life cycle management service, a discovery service, a security service, an encryptor service, a certificate authority subsystem service, a key management service, an authentication service, a time synchronization service, a resource and/or resource group management service, a service location service, or a console support service (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
11. The process control or automation system of claim 9, wherein the plurality of instantiated MEEEs further includes a packet router or switch service and at least one of: a software defined compute service, a software defined storage service, or a software defined networking service (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
12. The process control or automation system of claim 1, wherein the process control or automation system authenticates both a respective identifier of each physical device of the plurality of physical devices and a respective identifier of each instantiated MEEE of the plurality of instantiated MEEEs, and delivery of the information between the plurality of physical devices and the plurality of instantiated MEEEs is based on the authentications (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
13. The process control or automation system of claim 12, wherein: subsequent to the authentications, the process control or automation system authorizes each physical device to at least one of send or receive communications within the process control or automation system, and the process control or automation system authorizes each instantiated MEEE to at least one of send or receive communications within the process control or automation system; and the delivery of the information between the plurality of physical devices and the plurality of instantiated MEEEs is further based on the authorizations (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
15. The process control or automation system of claim 1, wherein: the process control or automation system authenticates a respective identifier of each instantiated MEEE of the plurality of instantiated MEEEs; and based on the authentication, the process control or automation system authorizes the each instantiated MEEE to communicate with at least one of: a respective physical device of the plurality of physical devices, a respective intervening device communicatively disposed between the respective physical device and each instantiated MEEE, or a respective other instantiated MEEE (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
16. The process control or automation system of claim 15, wherein: the authentication of the respective identifier of the each instantiated MEEE is a first authentication;
the process control or automation system second authenticates at least one of: a respective identifier of the respective physical device or a respective identifier of the respective intervening device communicatively disposed between the respective physical device and the each instantiated MEEE; and based on the second authentication, the process control or automation system authorizes the respective physical device to communicate with the each instantiated MEEE (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
17. The process control or automation system of claim 1, wherein:
the plurality of physical devices is disposed across multiple physical locations or sites,
the hardware platform is disposed across one or more physical locations or sites, at least one of which is excluded from the multiple physical locations or sites at which the plurality of physical devices is disposed, and at least one instantiated MEEE of the plurality of MEEEs is a respective instantiation of a respective encapsulated software component configured by the process control or automation system based on a configuration database of the process control or automation system (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
18. The process control or automation system of claim 1, wherein users of the process control or automation system include (i) user interface that is being operated by a human, and (ii) an executing software application that is not being operated by any human, and wherein the compute fabric further includes a set of exposed application programming interfaces (APIs) via which any user communicates with the process control or automation system (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
19. The process control or automation system of claim 17, wherein the process control or automation system at least one of: creates the respective encapsulated software component, configures the respective encapsulated software component, or instantiates the respective, configured, encapsulated software component responsive to a respective condition detected or predicted by the process control or automation system (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
20. The process control or automation system of claim 1, wherein: a first portion of the plurality of physical devices is disposed in a first geographic location, a second portion of the plurality of physical devices is disposed in a second geographic location, and at least a portion of the hardware platform on which the compute fabric executes is disposed at one or more other geographic locations; and the first portion of the plurality of physical devices is communicatively connected to the one or more other geographic locations via a first gateway disposed at the first geographic location, and the second portion of the plurality of physical devices is communicatively connected to the one or more other geographic locations via a second gateway disposed at the second geographic location (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
21. A process control or automation system of an industrial process plant, comprising: a plurality of physical devices, each of which is located at and utilized at a respective physical location in an industrial or automation process provided by an enterprise the industrial process plant; and
a compute fabric executing on a hardware platform and comprising an application usage including a plurality of communicatively connected, instantiated, micro-encapsulated execution environments (MEEEs) disposed in the compute fabric, wherein the plurality of MEEEs cooperate in real time to implement the application usage, wherein at least one of the plurality of MEEEs is communicatively connected to a respective physical device of the plurality of physical devices and is configured to at least one of transmit information to or receive information from the respective physical device, and wherein the at least one of the plurality of MEEEs obtains data for the application usage directly from the respective physical device at the respective physical location in real time while implementing the application usage (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
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It can be noted that the industrial process plant comprises physical devices).
26. The process control or automation system of claim 21, wherein the application usage includes a control or automation application that controls one or more physical devices of the plurality of physical devices at the respective physical locations of the one or more physical devices to control operations of an industrial process or an automation system (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
27. The process control or automation system of claim 21, wherein the application usage includes a maintenance application that uses data from one or more physical devices of the plurality of physical devices at the respective physical locations of the one or more physical devices to perform one or more device maintenance functions with respect to the one or more physical devices (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
28. The process control or automation system of claim 21, wherein the application usage includes a fleet management application that uses data from one or more physical devices of the plurality of physical devices at the respective physical locations of the one or more physical devices to perform one or more fleet tracking or management functions with respect to the one or more physical devices (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
29. The process control or automation system of claim 21, wherein the application usage includes an operations tracking or logging application that uses data from one or more physical devices of the plurality of physical devices at the respective physical locations of the one or more physical devices to perform one or more process tracking or data logging functions with respect to the industrial process implemented by the one or more physical devices (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
30. The process control or automation system of claim 30, wherein the at least one of the plurality of instantiated MEEEs includes a data reference to one or more data objects generated in and stored at one or more physical devices of the plurality of physical devices
wherein the data reference enables the at least one of the plurality of instantiated MEEEs to obtain, in real time during execution of the application usage, the one or more data objects directly from the one or more physical devices (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
31. The process control or automation system of claim 30, wherein the at least one of the plurality of instantiated MEEEs obtains the one or more data objects directly from the one or more physical devices using publish/subscribe communications (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
32. The process control or automation system of claim 30, wherein the at least one of the plurality of instantiated MEEEs obtains the one or more data objects directly from the one or more physical devices using one or more addressed or direct data calls (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
33. The process control or automation system of claim 21, wherein the at least one of the plurality of instantiated MEEEs obtains, in real time during execution of the application usage and by using publish/subscribe communications, one or more data objects directly from one or more physical devices, of the plurality of physical devices, at which the one or more data objects are stored (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
34. The process control or automation system of claim 21, wherein the at least one of the plurality of instantiated MEEEs obtains, in real time during execution of the application usage and by using one or more addressed or direct data calls, one or more data objects directly from one or more physical devices, of the plurality of physical devices, at which the one or more data objects are stored (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
35. The process control or automation system of claim 21, wherein the at the hardware platform is remotely located from the respective physical locations of the plurality of physical devices (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
36. The process control or automation system of claim 21, wherein the compute fabric comprises a cloud computing environment (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
37. The process control or automation system of claim 21, wherein the at least one of the plurality of instantiated MEEEs obtains, in real time during execution of the application usage, one or more data objects directly from one or more physical devices of the plurality of physical devices without first storing the one or more data objects in a computing device within the compute fabric (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
38. The process control or automation system of claim 21, wherein the plurality of physical devices includes a server device (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
39. The process control or automation system of claim 21, wherein the plurality of physical devices includes a communications gateway device (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
40. The process control or automation system of claim 21, wherein at least one physical device of the physical devices performs a respective physical function at the respective physical location (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
41. The process control or automation system of claim 21, wherein the plurality of physical devices includes an input/output device connected to a field device (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
42. The process control or automation system of claim 21, wherein the plurality of physical devices includes a field device that performs a physical function at the physical location of the field device (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
43. The process control or automation system of claim 21, wherein the plurality of physical devices includes a database device coupled to one or more field devices (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
44. The process control or automation system of claim 21, wherein multiple ones of the plurality of instantiated MEEEs obtains data in real time from data sources not co-located with the multiple ones of the plurality of instantiated MEEEs (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
45. The process control or automation system of claim 44, wherein the multiple ones of the plurality of instantiated MEEEs operate in real time together to implement one of a control function, a maintenance function, a data logging or tracking function or a fleet management function (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
46. The process control or automation system of The process control or automation system of wherein the multiple ones of the plurality of instantiated MEEEs include the at least one of the plurality of instantiated MEEEs and the at least one of the plurality of instantiated MEEEs operates to implement one of a control function, a maintenance function, a data logging or tracking function or a fleet management function (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Claim Rejections - 35 USC § 103
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 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 2-8, 14, and 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over over Frank et al., US Patent No. 6,832,120 (hereinafter Frank) in view of Curcio et al., US Patent No. 8,997,206 (hereinafter Curcio).
Regarding claims 2-8, 14, and 22-25, the combination of Frank and Curcio teaches all the claimed limitations, as outlined below.
Claim 2. Frank further discloses the process control or automation system of claim 1, wherein the plurality of physical devices and the plurality of instantiated MEEEs are communicatively connected via at least one secured connection (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
3. Frank further discloses the process control or automation system of claim 2, wherein the at least one secured connection includes other type of secured or encrypted connection that exclusively services only (i) a specific MEEE of the plurality of instantiated MEEEs, and (ii) a respective physical device of the plurality of physical devices or an intervening device communicatively disposed between the specific MEEE of the plurality of instantiated MEEEs and the respective physical device (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
4. Frank further discloses the process control or automation system of claim 2, wherein each instantiated MEEE of the plurality of instantiated MEEEs is communicatively connected via a respective secured connection with at least one of: a respective physical device, a respective intervening device communicatively disposed between the respective physical device and the each instantiated MEEE, or another instantiated MEEE (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
5. Frank further discloses the process control or automation system of claim 4, wherein each secured connection included in two or more of the respective secured connections is a respective secured encrypted connection exclusively servicing two endpoints of the respective secured encrypted connection (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
6. Frank fails to specify wherein at least one of the respective secured connections includes a virtual private network (VPN).
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
7. Frank fails to specify the process control or automation system of claim 4, wherein at least one of the respective secured PTP or P2P connections is a secured P2P connection.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
8. Frank further discloses the process control or automation system of claim 4, wherein the plurality of instantiated MEEEs and the plurality of secured connections are a dynamic mesh of MEEEs of the process control or automation system, and at least one of the MEEEs of the process control system or automation mesh is dynamically reassigned and migrated, by the process control or automation system during run-time operations and based on a condition detected or predicted by the process control or automation system, to another node, another physical location, or another geographical location while the process control or automation system is executing in run-time to control the industrial or automation process (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
14. Frank further discloses the process control or automation system of claim 13, wherein: each physical device and a respective instantiated MEEE are communicatively connected via a respective secured connection; the authorization of each physical device to at least one of send or receive communications within the process control or automation system includes an authorization of the each physical device or of an intervening device communicatively disposed between the each physical device and the respective instantiated MEEE to communicate over the respective secured connection; and the authorization of the respective instantiated MEEE to at least one of send or receive communications within the process control or automation system includes an authorization of the respective instantiated MEEE to communicate over the respective secured connection (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
22. Frank further discloses the process control or automation system of claim 21, wherein the at least one of the plurality of instantiated MEEEs and the respective physical device are communicatively connected via at least one secured connection and the at least one of the plurality of MEEEs obtains the data for the application usage directly from the respective physical device at the respective physical location in real time while implementing the application usage using the least one secured connection (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
23. Frank further discloses the process control or automation system of claim 22, wherein the at least one secured connection includes a secured, and/or encrypted connection (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
24. Frank further discloses the process control or automation system of claim 22, wherein at least one of plurality of instantiated MEEEs is an endpoint of the at least one secured connection (C4 L20- 67, C8 L65-67, C9 L3-8 and Fig 1 - -wherein a compute fabric is considered as the overall network of components. Components operated on-premise and remotely via the Web/Internet/Intranet. See Fig1 below. Wherein Java-based objects are used and the object-oriented system 100 automates industrial facilities that include transmitters, sensors, and control elements. The object-oriented system 100 automates industrial facilities and include one or more gateway. In other words, entry/exit point, connecting two different networks that use separate communication protocols, translating data between them so they can communicate).
Frank fails to clearly specify secured point-to-point (PTP) or peer-to-peer (P2P) connection, and/or VPN.
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
25. Frank fails to specify the process control or automation system of claim 22, wherein the at least one secured PTP or P2P connection includes a virtual private network (VPN).
However, Curcio teaches secured point-to-point (PTP) or peer-to-peer (P2P) connection, and a VPN (see C3).
The applied prior art is considered analogous art to the claimed invention because they relate to same field of endeavor. They relate to network topologies for secure communication utilizing diverse protocols.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above object-oriented compute fabric, as taught by Frank, and incorporating the concept of communication utilizing decentralized time-based connections, as taught by Curcio.
One of ordinary skill in the art would have been motivated to do this modification in order to provide autonomous connections and increase the independence of the connections, as suggested by Curcio (see C3 L6-41).
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
1. Nixon et al., US Patent No. 5,862,052 – relates to layered hierarchy of control modules.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS R ORTIZ RODRIGUEZ whose telephone number is (571)272-3766. The examiner can normally be reached on Mon-Fri 10:00 am- 6:30 pm.
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/CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119