DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the “first plurality of instantiated MEEEs” could be interpreted as software, which is non-statutory subject matter.
Claim Rejections - 35 USC § 102
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) 1-58 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Val U.S. PGPub 2019/0369574 (hereinafter “Val”).
Regarding claims 1 and 30, Val discloses a process control or automation system comprising: a first plurality of instantiated micro-encapsulated execution environments (MEEEs) (e.g. virtual machines) communicatively connected to a plurality of physical devices (e.g. field devices) located across a plurality of physical locations or sites, the plurality of physical devices performing respective physical functions to implement a plurality of industrial or automation processes (e.g. actions) of an enterprise at respective ones of the plurality of physical locations or sites (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 2 and 31, Val discloses the process control or automation system of claim 1, wherein the first plurality of instantiated MEEEs communicate (via VPN) with the plurality of physical devices via a first one or more secured point-to-point (PTP) or peer-to-peer (P2P) connections (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 3 and 32, Val discloses the process control or automation system of claim 2, wherein each the first one or more secured PTP or P2P connections comprise a first one or more virtual private networks (VPNs) (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 4 and 33, Val discloses the process control or automation system of claim 2, wherein the first one or more secured PTP or P2P connections are a first plurality of secured PTP or P2P connections, wherein each respective one of the first plurality of secured PTP or P2P connections is exclusive to a respective one of the first plurality of instantiated MEEEs and a respective one of the plurality of physical devices (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 5 and 34, Val discloses the process control or management functionality of claim 1, wherein the first plurality of instantiated MEEEs execute at one or more of the plurality of physical locations or sites (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 6 and 35, Val discloses the process control or automation system of claim 1, wherein the first plurality of instantiated MEEEs execute to provide unidirectional or bidirectional communications between an enterprise computing device and the plurality of physical devices across the plurality of physical locations or sites (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 7 and 36, Val discloses the process control or automation system of claim 6, wherein the enterprise computing device is located at a further physical location or site remote from the plurality of physical locations or sites (e.g. ¶29-32).
Regarding claims 8 and 37, Val discloses the process control or automation system of claim 6, wherein the enterprise computing device communicates with the first plurality of instantiated MEEEs via a second one or more secured point-to-point (PTP) or peer-to-peer (P2P) connections (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 9 and 38, Val discloses the process control or automation system of claim 8, wherein each the second one or more secured PTP or P2P connections comprise a second one or more virtual private networks (VPNs) (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 10 and 39, Val discloses the process control or automation system of claim 8, wherein the second one or more secured PTP or P2P connections are a second plurality of secured PTP or P2P connections, wherein each respective one of the second plurality of secured PTP or P2P connections is exclusive to the enterprise computing device and a respective one of the first plurality of instantiated MEEEs (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 11 and 40, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, information associated with operation of the plurality of physical locations or sites, the information including one or more of process configuration information, process setpoints, real-time process measurements, historical process data, process quality metrics, physical device statuses, process alarms, network traffic information, site safety information, or site security information (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 12 and 41, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs enables the enterprise computing device to define one or more hardware or software configuration parameters for each of the plurality of physical locations or sites (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 13 and 42, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a process configuration (e.g. setting) functionality to define respective control routines for the plurality of industrial or automation processes (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 14 and 43, Val discloses the process control or automation system of claim 13, wherein the process configuration functionality enables a user of the enterprise computing device to use a library of template objects to configure control routines across the plurality of industrial or automation processes at the plurality of physical locations or sites (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 15 and 44, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a hierarchical representation of the plurality of physical locations or sites, the plurality of industrial or automation processes, or the plurality of physical devices (e.g. Fig. 1).
Regarding claims 16 and 45, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a simulation or testing functionality to simulate or test (via diagnostic service and analysis) operation of at least a first one of the plurality of industrial or automation processes (e.g. ¶14-15, 26 and 29-31).
Regarding claims 17 and 46, Val discloses the process control or automation system of claim 16, wherein the simulation or testing functionality simulates or tests operation of the first one of the plurality of industrial or automation processes according to a control routine or control parameter of a second one of the plurality of industrial or automation processes (e.g. ¶14-15, 26 and 29-31).
Regarding claims 18 and 47, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a personnel management functionality to view or configure personnel shift assignments, access permissions, task assignments, or instructions for personnel (e.g. operators/customers) across the plurality of physical locations or sites (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 19 and 48, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a display creation functionality to configure one or more process displays (e.g. ¶16 and 22) for viewing information associated with operation of at least one of the plurality of industrial or automation processes (e.g. ¶14-15, 26 and 29-31).
Regarding claims 20 and 49, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a diagnostics or analytics functionality to perform diagnostics or analytics upon first data generated during operation of at least a first one of the plurality of industrial or automation processes (e.g. ¶14-15, 26 and 29-31).
Regarding claims 21 and 50, Val discloses the process control or automation system of claim 20, wherein the diagnostics or analytics functionality performs diagnostics or analytics upon the first data based upon comparison to data generated during operation of a second one or more of the plurality of industrial or automation processes across the plurality of physical locations or sites (e.g. ¶14-15, 26 and 29-31).
Regarding claims 22 and 51, Val discloses the process control or automation system of claim 20, wherein the diagnostics or analytics functionality recommends an application or service recommendation (e.g. action) for one or more of the plurality of industrial or automation processes based upon the performed diagnostics or analytics (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 23 and 52, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, an application or service marketplace functionality to obtain one or more applications or services and push the obtained one or more applications or services to one or more of the plurality of industrial or automation processes (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 24 and 53, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a data governance functionality to allow a user (e.g. customer/operator) of the enterprise computing device to define data management policies for one or more of plurality of industrial or automation processes or one or more of the plurality of physical locations or sites (e.g. ¶13 and 27).
Regarding claims 25 and 54, Val discloses the process control or automation system of claim 6, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a process commissioning functionality to commission or decommission at least one of the plurality of industrial or automation processes (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 26 and 55, Val discloses the process control or automation system of claim 6, further comprising a second one or more instantiated MEEEs, wherein the first plurality of instantiated MEEEs provides, to the enterprise computing device, a service allocation functionality to move or copy execution of the second one or more instantiated MEEEs across the plurality of physical locations or sites (e.g. ¶2-4, 13-15 and 28-32; Fig. 1).
Regarding claims 27 and 56, Val discloses the process control or automation system of claim 6, wherein access of the enterprise computing device to at least a portion of the first plurality of instantiated MEEEs is enabled via a role-based authorization of the enterprise computing device or a first user (e.g. 1st operator) thereof (e.g. ¶13 and 27).
Regarding claims 28 and 57, Val discloses the process control or automation system of claim 27, wherein the first plurality of instantiated MEEEs provide a role-based authorization management functionality to transfer access to the at least the portion of the plurality of instantiated MEEEs from the enterprise computing device or first user to a second enterprise computing device or a second user (e.g. 2nd operator) thereof (e.g. ¶13 and 27).
Regarding claims 29 and 58, Val discloses the process control or automation system of claim 28, wherein the enterprise computing device or first user is located remotely from the second enterprise computing device or second user, and wherein the role-based authorization management functionality is configured to transfer role-based authorization from the enterprise computing device or first user to the second enterprise computing device or second user at a predetermined time based upon locations of the first enterprise computing device and the second computing device (e.g. ¶13 and 27).
Conclusion
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CK
February 21, 2026
/CHARLES R KASENGE/Primary Examiner, Art Unit 2116