DETAILED ACTION
1. This office action is in response to the amendment filed on 03/27/2026.
2. Claims 1-20 are pending and presented for examination.
Response to Arguments
3. Applicant's arguments filed on 03/27/2026 have been fully considered but they are not persuasive.
In the remarks, the Applicant argues in substance that:
The cited reference Rosen fails to teach or suggest the limitations “at least one measuring device, comprising an embedded operating system, accessing and being accessible by a remote instrument backend; and a user device with a user accessible application, accessing and being accessible by a remote application backend; wherein the instrument backend and the application backend are cloud-based” as recited in independent claim 1.
In response to argument:
a) Examiner respectfully disagrees. First, the Examiner would like to remind the applicant that the rejection is based on the broadest reasonable interpretation of the claims. The Applicant argues on pages 6-11 of the remarks that the cited art does not teach or suggest the limitations “at least one measuring device, comprising an embedded operating system, accessing and being accessible by a remote instrument backend; and a user device with a user accessible application, accessing and being accessible by a remote application backend; wherein the instrument backend and the application backend are cloud-based.” However, Rosen in [0213], Fig.2 discloses the spectrometer system 100 typically comprises a spectrometer 102 (i.e., measuring device). Rosen in [0198]-[0199] discloses the spectrometer system described herein includes a digital processing device,…the digital processing device is optionally connected to a cloud computing infrastructure….In accordance with the description herein, suitable digital processing devices include, by way of non-limiting examples, server computers, desktop computers, laptop computers, notebook computers, sub-notebook computers, netbook computers. Further, Rosen in [0221], [0228] discloses the cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by one or more spectrometers. The spectrometer system may perform analysis of the raw data locally. The spectrometer system may comprise a memory with a database of spectral data stored therein, and a processor with analysis software programmed with instructions…, the spectrometer may partially analyze the raw data prior to transmission to a remote server, such as the cloud server 11. Furthermore, Rosen in [0204], [0211] discloses the spectrometer system disclosed herein includes… a cloud computing systems and services…the spectrometer system disclosed herein includes software, server, and/or database modules, or use of the same. In view of the disclosure provided herein,… a software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. … software modules are hosted on more than one machine. … software modules are hosted on cloud computing platforms). In other words, Rosen discloses a spectrometer system including one or more spectrometers that are accessing the cloud based system remotely. The spectrometer system includes a digital processing device is connected to a cloud computing infrastructure. The digital processing devices include, server computers, desktop computers. In addition, the spectrometer system disclosed includes software, server, and/or database modules, or use of the same. The software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. The software modules are hosted on more than one machine and are hosted on cloud computing platforms. Examiner interprets, “the spectrometer system includes a digital processing device that is connected to a cloud computing infrastructure. The digital processing devices include, server computers, desktop computers. The spectrometer system disclosed includes software, server, and/or database modules, or use of the same. The software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. The software modules are hosted on more than one machine and are hosted on cloud computing platforms” is equivalent to the limitation a remote instrument backend within the claim, which corresponds to the limitation at least one measuring device, comprising an embedded operating system, accessing by a remote instrument backend within the claim.
Rosen discloses at least one measuring device, comprising an embedded operating system, accessing by a remote instrument backend as shown above. Rosen does not disclose at least one measuring device being accessible by a remote instrument backend. However, Rosen discloses
a spectrometer system may allow multiple users to connect to the cloud based server 118 via their hand held devices 110, as described in further detail herein. In some instances, the server 118 may be configured to simultaneously communicate with up to millions of hand held devices 110. The ability of the system to support a large number of users and devices at the same time can allow users of the system to access, in some instances in real-time, large amounts of information relating to a material of interest. Access to such information may provide users with a way of making informed decisions relating to a material of interest (see, [0090]). Further, Rosen discloses the spectrometer system described herein includes a digital processing device, or use of the same. The digital processing device includes one or more hardware central processing units (CPU) that carry out the device's functions. The digital processing device is optionally connected to a cloud computing infrastructure and include, by way of non-limiting examples, server computers, desktop computers, laptop computers, notebook computers, sub-notebook computers, netbook computers, netpad computers. Also, the spectrometer system disclosed herein includes a cloud computing systems and services (see, [0198]-[0199]). Furthermore, Rosen discloses the cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by one or more spectrometers and hand held devices of the spectrometer system. In many instances, the cloud server is simultaneously accessible by more than one users/hand held devices of the system. Hand held devices up to the order of millions can be simultaneously connected to the cloud server (see, [0221]). Rosen discloses the spectrometer system disclosed herein includes… a cloud computing systems and services… the spectrometer system disclosed herein includes software, server, and/or database modules, or use of the same. In view of the disclosure provided herein,… a software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. … software modules are hosted on more than one machine. … software modules are hosted on cloud computing platforms (see, [0204], [0211]). Moreover, Rosen discloses the spectrometer system may perform analysis of the raw data locally. The spectrometer may partially analyze the raw data prior to transmission to a remote server, such as the cloud server 118 described herein, wherein heavier calculations for more complicated analyses may be performed… the spectrometer 102 may be configured to analyze the raw data locally using data analysis models or algorithms stored locally, for example in a memory of the spectrometer. The data analysis models and algorithms may be downloaded by users from the cloud based server 118 to spectrometer 102 (see, [0228], [0230]). In summary, Rosen discloses a spectrometer system including one or more spectrometers that are accessing the cloud based system remotely. The spectrometer system includes a digital processing device is connected to a cloud computing infrastructure. The digital processing devices include, server computers, desktop computers. In addition, the spectrometer system disclosed includes software modules are hosted on more than one machine and are hosted on cloud computing platforms. Further, Rosen discloses a method of downloading a data from the cloud computing systems and services (that includes the remote instrument backend) to the spectrometer (i.e., measuring device). Therefore, the measuring device being accessible by a remote instrument backend would have been obvious to one ordinary skill in the art based on the teaching of Rosen as explained above.
In addition, Rosen in [0213] discloses referring again to Fig. 2, the spectrometer system 100 typically comprises a spectrometer 102 as described herein and a hand held device 110 (i.e., a user device) in wireless communication 116 with a cloud based server or storage system 118. The spectrometer system 100 can provide a system for analyzing a material in real time, to determine the identity and/or additional properties of the material…The spectrometer can then send the data to a hand held device 110, for example via communication circuitry 104 having a communication link such as Bluetooth™. The hand held device 110 can transmit the data to the cloud based storage system 118. The data can be processed and analyzed by the cloud based server 118, and transmitted back to the hand held device 110 to be displayed to the user. Rosen in [0198]-[0199] discloses the spectrometer system described herein includes a digital processing device,…the digital processing device is optionally connected to a cloud computing infrastructure….In accordance with the description herein, suitable digital processing devices include, by way of non-limiting examples, server computers, desktop computers, laptop computers, notebook computers, sub-notebook computers, netbook computers. Further, Rosen in [0204], [0211] discloses the spectrometer system disclosed herein includes… a cloud computing systems and services… the spectrometer system disclosed herein includes software, server, and/or database modules, or use of the same. In view of the disclosure provided herein,… a software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. … software modules are hosted on more than one machine. … software modules are hosted on cloud computing platforms. Furthermore, Rosen in [0221] discloses the cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by … hand held devices of the spectrometer system. In many instances, the cloud server is simultaneously accessible by more than one users/hand held devices of the system. Examiner interprets, “the spectrometer system includes a digital processing device that is connected to a cloud computing infrastructure. The digital processing devices include, server computers, desktop computers. The spectrometer system disclosed includes software, server, and/or database modules, or use of the same. The software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. The software modules are hosted on more than one machine and are hosted on cloud computing platforms” is equivalent to the limitation a remote application backend within the claim, which corresponds to the limitation a user device with a user accessible application, accessing and being accessible by a remote application backend within the claim.
Further, Rosen in [0204], [0211] discloses the spectrometer system disclosed herein includes… a cloud computing systems and services… the spectrometer system disclosed herein includes software, server, and/or database modules, or use of the same. In view of the disclosure provided herein,… a software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. … software modules are hosted on more than one machine. … software modules are hosted on cloud computing platforms. Further, Rosen in [0213], [0221] discloses the cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by one or more spectrometers and hand held devices of the spectrometer system. In many instances, the cloud server is simultaneously accessible by more than one users/hand held devices of the system, which corresponds to the limitation wherein the instrument backend and the application backend are cloud-based within the claim.
The specification mentions “a remote instrument backend and a remote application backend” in (pages 6-7) as originally filed, there is no specific definition of a remote instrument backend and a remote application backend that Examiner can glean from the specification. As a result, Examiner is using the broadest reasonable interpretation to mean the spectrometer system includes a digital processing device that is connected to a cloud computing infrastructure. The digital processing devices include, server computers, desktop computers. The spectrometer system disclosed includes software, server, and/or database modules, or use of the same. The software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. The software modules are hosted on more than one machine and are hosted on cloud computing platforms. Examiner recommends further limiting these terms "remote instrument backend and remote application backend " in independent form to advance prosecution. Thus, the cited reference Rosen meets the scope of broadly claimed limitations as currently presented.
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AlA 35 U.S.C. 102 and 103 (or as subject to pre-AlA 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 of this title, 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.
6. Claims 1-4, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Rosen et al. US 2018/0172510 (hereinafter, Rosen).
7. Regarding claim 1, Rosen discloses a measurement data processing system (1), having
at least one measuring device, comprising an embedded operating system, accessing a remote instrument backend ([0213]: Fig. 2, the spectrometer system 100 typically comprises a spectrometer 102 (i.e., measuring device)…. [0198]-[0199]: the spectrometer system described herein includes a digital processing device,…the digital processing device is optionally connected to a cloud computing infrastructure….In accordance with the description herein, suitable digital processing devices include, by way of non-limiting examples, server computers, desktop computers, laptop computers, notebook computers, sub-notebook computers, netbook computers,….[0221], [0228]: The cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by one or more spectrometers…The spectrometer system may perform analysis of the raw data locally. The spectrometer system may comprise a memory with a database of spectral data stored therein, and a processor with analysis software programmed with instructions…, the spectrometer may partially analyze the raw data prior to transmission to a remote server, such as the cloud server 11… [Further]: [0204], [0211]: the spectrometer system disclosed herein includes… a cloud computing systems and services…the spectrometer system disclosed herein includes software, server, and/or database modules, or use of the same. In view of the disclosure provided herein,… a software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. … software modules are hosted on more than one machine. … software modules are hosted on cloud computing platforms); Examiner interprets, “the spectrometer system includes a digital processing device that is connected to a cloud computing infrastructure. The digital processing devices include, server computers, desktop computers. The spectrometer system disclosed includes software, server, and/or database modules, or use of the same. The software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. The software modules are hosted on more than one machine and are hosted on cloud computing platforms” is equivalent to the limitation a remote instrument backend within the claim, and
a user device with a user accessible application, accessing and being accessible by a remote application backend ([0213]: referring again to Fig. 2, the spectrometer system 100 typically comprises a spectrometer 102 as described herein and a hand held device 110 (i.e., a user device) in wireless communication 116 with a cloud based server or storage system 118. The spectrometer system 100 can provide a system for analyzing a material in real time, to determine the identity and/or additional properties of the material…The spectrometer can then send the data to a hand held device 110, for example via communication circuitry 104 having a communication link such as Bluetooth™. The hand held device 110 can transmit the data to the cloud based storage system 118. The data can be processed and analyzed by the cloud based server 118, and transmitted back to the hand held device 110 to be displayed to the user…[Further], Rosen in [0198]-[0199]: the spectrometer system described herein includes a digital processing device,…the digital processing device is optionally connected to a cloud computing infrastructure….In accordance with the description herein, suitable digital processing devices include, by way of non-limiting examples, server computers, desktop computers, laptop computers, notebook computers, sub-notebook computers, netbook computers…[Furthermore]: [0204], [0211]: the spectrometer system disclosed herein includes… a cloud computing systems and services… the spectrometer system disclosed herein includes software, server, and/or database modules, or use of the same. In view of the disclosure provided herein,… a software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. … software modules are hosted on more than one machine. … software modules are hosted on cloud computing platforms…. [In addition], [0221]: the cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by … hand held devices of the spectrometer system. In many instances, the cloud server is simultaneously accessible by more than one users/hand held devices of the system). Examiner interprets, “the spectrometer system includes a digital processing device that is connected to a cloud computing infrastructure. The digital processing devices include, server computers, desktop computers. The spectrometer system disclosed includes software, server, and/or database modules, or use of the same. The software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. The software modules are hosted on more than one machine and are hosted on cloud computing platforms” is equivalent to the limitation a remote application backend within the claim,
wherein the instrument backend and the application backend are cloud-based ([0204], [0211]: the spectrometer system disclosed herein includes… a cloud computing systems and services… the spectrometer system disclosed herein includes software, server, and/or database modules, or use of the same. In view of the disclosure provided herein,… a software module comprises a plurality of files, a plurality of sections of code, a plurality of programming objects, a plurality of programming structures, or combinations thereof. … software modules are hosted on more than one machine. … software modules are hosted on cloud computing platforms….[Further], [0213], [0221]: the cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by one or more spectrometers and hand held devices of the spectrometer system. In many instances, the cloud server is simultaneously accessible by more than one users/hand held devices of the system), and
wherein the instrument backend and the application backend are set up to make use of cloud computing resources to store and retrieve and process data ([0212]-[0213], [0221]).
Rosen does not disclose at least one measuring device being accessible by a remote instrument backend.
However, Rosen discloses:
“The spectrometer system may allow multiple users to connect to the cloud based server 118 via their hand held devices 110, as described in further detail herein. In some instances, the server 118 may be configured to simultaneously communicate with up to millions of hand held devices 110. The ability of the system to support a large number of users and devices at the same time can allow users of the system to access, in some instances in real-time, large amounts of information relating to a material of interest. Access to such information may provide users with a way of making informed decisions relating to a material of interest (see, [0090])...[Further]: the spectrometer system described herein includes a digital processing device, or use of the same… the digital processing device includes one or more hardware central processing units (CPU) that carry out the device's functions.
…the digital processing device is optionally connected to a cloud computing infrastructure…In accordance with the description herein, suitable digital processing devices include, by way of non-limiting examples, server computers, desktop computers, laptop computers, notebook computers, sub-notebook computers, netbook computers, netpad computers…the spectrometer system disclosed herein includes… cloud computing systems and services (see, [0198]-[0199], [0204])… [Further], [0221]: The cloud based system or server 118 may be accessed remotely, for example via wireless internet connection, by one or more spectrometers and hand held devices of the spectrometer system. In many instances, the cloud server is simultaneously accessible by more than one users/hand held devices of the system. Hand held devices up to the order of millions can be simultaneously connected to the cloud server,….[Furthermore], [0228], [0230]: the spectrometer system may perform analysis of the raw data locally… the spectrometer may partially analyze the raw data prior to transmission to a remote server, such as the cloud server 118 described herein, wherein heavier calculations for more complicated analyses may be performed… the spectrometer 102 may be configured to analyze the raw data locally using data analysis models or algorithms stored locally, for example in a memory of the spectrometer... The data analysis models and algorithms may be downloaded by users from the cloud based server 118 to spectrometer 102).
Therefore, at least one of the measuring device being accessible by a remote instrument backend would have been obvious to a person of ordinary skill in the art based on the teaching of Rosen as disclosed above. The motivation for doing so would have been in order to access, transfer, analyze, and store spectral data among the processing devices, such as spectrometer, user device, and cloud based services (Rosen, [0215], [0230], Fig. 2).
8. Regarding claim 2, Rosen discloses the measurement data processing system according to claim 1, as disclosed above.
Rosen further discloses wherein the measuring device is of spectrometer-type, generating spectral data ([0109]).
9. Regarding claim 3, Rosen discloses the measurement data processing system according to claim 2, as disclosed above.
Rosen further discloses wherein the instrument backend and the application backend access and are accessible by a remote spectroscopy platform, wherein the spectroscopy platform is cloud-based, and wherein the spectroscopy platform comprises databases and compute services to store and retrieve and process spectral data gathered by the measuring device ([0211], Fig. 2).
10. Regarding claim 4, Rosen discloses the measurement data processing system according to claim 3, as disclosed above.
Rosen further discloses wherein the spectroscopy platform is set up to apply chemometric methods to the spectral data ([0254]-[0255]).
11. Regarding claim 10, Rosen discloses the measurement data processing system according to claim 1, as disclosed above.
Rosen further discloses wherein the instrument backend provides services based on protocols ([0089]-[0090], [0212]-[0215]).
12. Regarding claim 11, Rosen discloses the measurement data processing system (1) according to claim 1, as disclosed above.
Rosen further discloses wherein the application backend is set up to enable a user to assign sample information and/or reference values to measurement data via the user accessible application ([0213]).
13. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Rosen, in view of Rego et al. “A portable IoT NIR spectroscopic system to analyze the quality of dairy farm forage”, June 2020, cited in IDS (hereinafter, Rego)
14. Regarding claim 5, Rosen discloses the measurement data processing system according to claim 4, as disclosed above.
Rosen further discloses quantity and quality of the information provided to the user by the software application ([0288]).
Rosen does not disclose:
wherein the spectroscopy platform is set up to provide trained algorithms that relate a multivariate response of the measuring device to the qualitative and/or quantitative properties of a hitherto uncharacterized sample.
However, Rego discloses:
wherein the spectroscopy platform is set up to provide trained algorithms that relate a multivariate response of the measuring device to the qualitative and/or quantitative properties of a hitherto uncharacterized sample (pages 1-2, section 1. Introduction).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rego to use wherein the spectroscopy platform is set up to provide trained algorithms that relate a multivariate response of the measuring device to the qualitative and/or quantitative properties of a hitherto uncharacterized sample as taught by Rego. The motivation for doing so would have been in order to extract reliable relevant information of spectral data (Rego, page 1-2).
15. Claims 6-9 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Rosen, in view of Cella et al. WO 2020227429 A1, cited in IDS
(hereinafter, Cella)
16. Regarding claim 6, Rosen discloses the measurement data processing system according to claim 4, as disclosed above.
Rosen further discloses wherein the measurement data processing system has several measuring devices ([0215], [0222]).
Rosen does not disclose:
one of which is a primary measuring device controlling at least one secondary measuring device.
However, Cella discloses:
“a self-organized swarm of industrial data collectors, including a self-organizing swarm of industrial data collectors that organize among themselves to optimize data collection based on the capabilities and conditions of the members of the swarm . Each member of the swami may be configured with intelligence, and the ability to coordinate with other members. For example, a member of the swarm may track information about what data other members are handling, so that data collection activities, data storage, data processing, and data publishing can be allocated intelligently across the swarm, taking into account conditions of the environment, capabilities of the members of the swarm, operating parameters, rules (such as from a rules engine that governs the operation of the swarm), and current conditions of the members. For example, among four collectors, one that has relatively low current power levels (such as a low battery), might be temporarily allocated the role of publishing data, because it may receive a dose of power from a reader or interrogation device (such as an RFID reader) when it needs to publish the data. A second collector with good power levels and robust processing capability might be assigned more complex functions, such as processing data, fusing data, organizing the rest of the sw'ami (including self-organization under machine learning, such that the swarm is optimized over time, including by adjusting operating parameters, rules, and the tike based on feedback), and the like. A third collector in the swarm with robust storage capabilities might be assigned the task of collecting and storing a category of data, such as vibration sensor data, that consumes considerable bandwidth. A fourth collector in the swarm, such as one with lower storage capabilities, might be assigned the role of collecting data that can usually be discarded, such as data on current diagnostic conditions, where only data on faults needs to be maintained and passed along. Members of a swarm may connect by peer-to-peer relationships by using a member as a“master” or“hub,” or by having them connect in a series or ring, where each member passes along data (including commands) to the next, and is aware of the nature of the capabilities and commands that are suitable for the preceding and/or next member (see, [0454], [0544]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen to use one of which is a primary measuring device controlling at least one secondary measuring device as taught by Cella. The motivation for doing so would have been in order to apply the controlling device methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen, thereby controlling and coordinating a plurality of measuring devices (Cella, [0454]).
17. Regarding claims 12-14, the claims are rejected with the same rationale as in claim 6.
18. Regarding claim 7, Rosen in view of Cella disclose the measurement data processing system according to claim 6, as disclosed above.
Rosen further discloses wherein the measuring device accesses and is accessible by the instrument backend ([0198], [0213], [0221]).
Rosen does not disclose:
wherein only the primary measuring device accesses and is accessible by the instrument backend.
However, Cella discloses:
“a self-organized swarm of industrial data collectors, including a self-organizing swarm of industrial data collectors that organize among themselves to optimize data collection based on the capabilities and conditions of the members of the swarm . Each member of the swami may be configured with intelligence, and the ability to coordinate with other members. For example, a member of the swarm may track information about what data other members are handling, so that data collection activities, data storage, data processing, and data publishing can be allocated intelligently across the swarm, taking into account conditions of the environment, capabilities of the members of the swarm, operating parameters, rules (such as from a rules engine that governs the operation of the swarm), and current conditions of the members. For example, among four collectors, one that has relatively low current power levels (such as a low battery), might be temporarily allocated the role of publishing data, because it may receive a dose of power from a reader or interrogation device (such as an RFID reader) when it needs to publish the data. A second collector with good power levels and robust processing capability might be assigned more complex functions, such as processing data, fusing data, organizing the rest of the sw'ami (including self-organization under machine learning, such that the swarm is optimized over time, including by adjusting operating parameters, rules, and the tike based on feedback), and the like. A third collector in the swarm with robust storage capabilities might be assigned the task of collecting and storing a category of data, such as vibration sensor data, that consumes considerable bandwidth. A fourth collector in the swarm, such as one with lower storage capabilities, might be assigned the role of collecting data that can usually be discarded, such as data on current diagnostic conditions, where only data on faults needs to be maintained and passed along. Members of a swarm may connect by peer-to-peer relationships by using a member as a“master” or“hub,” or by having them connect in a series or ring,… a PARA server 5750 may connect to and receive data from other PARA servers such as the PARA server 5730. With reference to Figure 24, the PARA server 5730 may provide data to a supervisory module 5752 on the PARA server 5750 that may be configured to provide at least one of processing, analysis, reporting, archiving, supervisory, and similar functionalities. The supervisory module 5752 may also contain extract, process align functionality and the like (see, [0454], [0530], [0544], [0547]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen to use wherein only the primary measuring device accesses and is accessible by the instrument backend as taught by Cella. The motivation for doing so would have been in order to apply the controlling device methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen, thereby controlling and coordinating a plurality of measuring devices (Cella, [0454]).
19. Regarding claim 8, Rosen discloses the measurement data processing system according to claim 1, as disclosed above.
Rosen further discloses wherein the instrument backend provides at least one interface to enable communication between the instrument backend and the measuring device (2) ([0213], Fig. 2).
Rosen does not disclose:
wherein the instrument backend provides at least one interface to enable bidirectional synchronous and/or asynchronous communication between the instrument backend and the measuring device.
However, Cella discloses:
“The example controller 12212 includes a transmission environment circuit 12226 that determines transmission conditions 12254 corresponding to the communication of the at least a portion of the number of sensor data values 12252 to the storage target computing device…communication sessions are bi-directional so that both end-point devices may have the ability to send and receive data (see, [1448], [4941]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen to use wherein the instrument backend provides at least one interface to enable bidirectional synchronous and/or asynchronous communication between the instrument backend and the measuring device as taught by Cella. The motivation for doing so would have been in order to apply the communication methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen, thereby transmitting and receiving spectral data efficiently (Cella, [0340]).
20. Regarding claim 9, Rosen discloses the measurement data processing system according to claim 1, as disclosed above.
Rosen does not disclose:
wherein the instrument backend supports asymmetric encryption capabilities to identify the measuring device and encrypts communication between the instrument backend and the measuring device.
However, Cella discloses:
“ platform is provided having a self-organizing data marketplace for industrial loT data. Referring to Figure 1 1 , in embodiments, a platform is provided having a cognitive data marketplace 4102, referred to in some cases as a self-organizing data marketplace, for data collected by one or more data collection systems 102 or for data from other sensors or input sources 1 16 that are located in various data collection environments, such as industrial environments. In addition to data collection systems 102, this may include data collected, handled or exchanged by IoT devices, such as cameras, monitors, embedded sensors, mobile devices, diagnostic devices and systems, instrumentation systems, telematics systems, and the like, such as for monitoring various parameters… The storage writing protocol may account for or specify parameters and factors relating to writing, such as input speed, reliability, redundancy, security, and the like. A storage security plan 12586 or profile may account for or specify how storage will be secured, such as availability or type of password protection, authentication, permissioning, rights management, encryption (of the data, of the storage media, and/or of network traffic on the system)(see, [0447], [1463], [1552]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen to use wherein the instrument backend supports asymmetric encryption capabilities to identify the measuring device and encrypts communication between the instrument backend and the measuring device as taught by Cella. The motivation for doing so would have been in order to apply the encryption methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen, thereby secure the measuring device (Cella, [0340]).
21. Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rosen, in view of Rego, in further view of Cella.
22. Regarding claim 15, Rosen in view of Rego discloses the measurement data processing system according to claim 5, as disclosed above.
Rosen further discloses wherein the measurement data processing system has several measuring devices([0215], [0222]).
Rosen in view of Rego does not disclose:
one of which is a primary measuring device controlling at least one secondary measuring device.
However, Cella discloses:
“a self-organized swarm of industrial data collectors, including a self-organizing swarm of industrial data collectors that organize among themselves to optimize data collection based on the capabilities and conditions of the members of the swarm . Each member of the swami may be configured with intelligence, and the ability to coordinate with other members. For example, a member of the swarm may track information about what data other members are handling, so that data collection activities, data storage, data processing, and data publishing can be allocated intelligently across the swarm, taking into account conditions of the environment, capabilities of the members of the swarm, operating parameters, rules (such as from a rules engine that governs the operation of the swarm), and current conditions of the members. For example, among four collectors, one that has relatively low current power levels (such as a low battery), might be temporarily allocated the role of publishing data, because it may receive a dose of power from a reader or interrogation device (such as an RFID reader) when it needs to publish the data. A second collector with good power levels and robust processing capability might be assigned more complex functions, such as processing data, fusing data, organizing the rest of the sw'ami (including self-organization under machine learning, such that the swarm is optimized over time, including by adjusting operating parameters, rules, and the tike based on feedback), and the like. A third collector in the swarm with robust storage capabilities might be assigned the task of collecting and storing a category of data, such as vibration sensor data, that consumes considerable bandwidth. A fourth collector in the swarm, such as one with lower storage capabilities, might be assigned the role of collecting data that can usually be discarded, such as data on current diagnostic conditions, where only data on faults needs to be maintained and passed along. Members of a swarm may connect by peer-to-peer relationships by using a member as a“master” or“hub,” or by having them connect in a series or ring, where each member passes along data (including commands) to the next, and is aware of the nature of the capabilities and commands that are suitable for the preceding and/or next member (see, [0454], [0544]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen in view of Rego to use one of which is a primary measuring device controlling at least one secondary measuring device as taught by Cella. The motivation for doing so would have been in order to apply the controlling device methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen in view of Rego, thereby controlling and coordinating a plurality of measuring devices (Cella, [0454]).
23. Regarding claim 16, Rosen in view of Rego disclose the measurement data processing system according to claim 15, as disclosed above.
Rosen further discloses wherein the measuring device accesses and is accessible by the instrument backend ([0198], [0213], [0221]).
Rosen in view of Rego does not disclose:
wherein only the primary measuring device accesses and is accessible by the instrument backend.
However, Cella discloses:
“a self-organized swarm of industrial data collectors, including a self-organizing swarm of industrial data collectors that organize among themselves to optimize data collection based on the capabilities and conditions of the members of the swarm . Each member of the swami may be configured with intelligence, and the ability to coordinate with other members. For example, a member of the swarm may track information about what data other members are handling, so that data collection activities, data storage, data processing, and data publishing can be allocated intelligently across the swarm, taking into account conditions of the environment, capabilities of the members of the swarm, operating parameters, rules (such as from a rules engine that governs the operation of the swarm), and current conditions of the members. For example, among four collectors, one that has relatively low current power levels (such as a low battery), might be temporarily allocated the role of publishing data, because it may receive a dose of power from a reader or interrogation device (such as an RFID reader) when it needs to publish the data. A second collector with good power levels and robust processing capability might be assigned more complex functions, such as processing data, fusing data, organizing the rest of the sw'ami (including self-organization under machine learning, such that the swarm is optimized over time, including by adjusting operating parameters, rules, and the tike based on feedback), and the like. A third collector in the swarm with robust storage capabilities might be assigned the task of collecting and storing a category of data, such as vibration sensor data, that consumes considerable bandwidth. A fourth collector in the swarm, such as one with lower storage capabilities, might be assigned the role of collecting data that can usually be discarded, such as data on current diagnostic conditions, where only data on faults needs to be maintained and passed along. Members of a swarm may connect by peer-to-peer relationships by using a member as a“master” or“hub,” or by having them connect in a series or ring,… a PARA server 5750 may connect to and receive data from other PARA servers such as the PARA server 5730. With reference to Figure 24, the PARA server 5730 may provide data to a supervisory module 5752 on the PARA server 5750 that may be configured to provide at least one of processing, analysis, reporting, archiving, supervisory, and similar functionalities. The supervisory module 5752 may also contain extract, process align functionality and the like (see, [0454], [0530], [0544], [0547]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen in view of Rego to use wherein only the primary measuring device accesses and is accessible by the instrument backend as taught by Cella. The motivation for doing so would have been in order to apply the controlling device methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen in view of Rego, thereby controlling and coordinating a plurality of measuring devices (Cella, [0454]).
24. Regarding claim 17, Rosen in view of Rego in view of Cella disclose the measurement data processing system according to claim 16, as disclosed above.
Rosen further discloses wherein the instrument backend provides at least one interface to enable communication between the instrument backend and the measuring device (2) ([0213], Fig. 2).
Rosen in view of Rego does not disclose:
wherein the instrument backend provides at least one interface to enable bidirectional synchronous and/or asynchronous communication between the instrument backend and the measuring device.
However, Cella discloses:
“The example controller 12212 includes a transmission environment circuit 12226 that determines transmission conditions 12254 corresponding to the communication of the at least a portion of the number of sensor data values 12252 to the storage target computing device…communication sessions are bi-directional so that both end-point devices may have the ability to send and receive data (see, [1448], [4941]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen in view of Rego to use wherein the instrument backend provides at least one interface to enable bidirectional synchronous and/or asynchronous communication between the instrument backend and the measuring device as taught by Cella. The motivation for doing so would have been in order to apply the communication methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen in view of Rego, thereby transmitting and receiving spectral data efficiently (Cella, [0340]).
25. Regarding claim 18, Rosen in view of Rego in view of Cella disclose the measurement data processing system according to claim 17, as disclosed above.
Rosen in view of Rego does not disclose:
wherein the instrument backend supports asymmetric encryption capabilities to identify the measuring device and encrypts communication between the instrument backend and the measuring device.
However, Cella discloses:
“ platform is provided having a self-organizing data marketplace for industrial loT data. Referring to Figure 1 1 , in embodiments, a platform is provided having a cognitive data marketplace 4102, referred to in some cases as a self-organizing data marketplace, for data collected by one or more data collection systems 102 or for data from other sensors or input sources 1 16 that are located in various data collection environments, such as industrial environments. In addition to data collection systems 102, this may include data collected, handled or exchanged by IoT devices, such as cameras, monitors, embedded sensors, mobile devices, diagnostic devices and systems, instrumentation systems, telematics systems, and the like, such as for monitoring various parameters… The storage writing protocol may account for or specify parameters and factors relating to writing, such as input speed, reliability, redundancy, security, and the like. A storage security plan 12586 or profile may account for or specify how storage will be secured, such as availability or type of password protection, authentication, permissioning, rights management, encryption (of the data, of the storage media, and/or of network traffic on the system)(see, [0447], [1463], [1552]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Rosen in view of Rego to use wherein the instrument backend supports asymmetric encryption capabilities to identify the measuring device and encrypts communication between the instrument backend and the measuring device as taught by Cella. The motivation for doing so would have been in order to apply the encryption methodology of the industrial data collector devices as known in the art and as taught by Cella in a spectrometer devices of such as that of Rosen in view of Rego, thereby secure the measuring device (Cella, [0340]).
26. Regarding claim 19, Rosen in view of Rego in view of Cella disclose the measurement data processing system according to claim 18, as disclosed above.
Rosen further discloses wherein the instrument backend provides services based on protocols ([0089]-[0090], [0212]-[0215]).
27. Regarding claim 20, Rosen in view of Rego in view of Cella disclose the measurement data processing system according to claim 18, as disclosed above.
Rosen further discloses wherein the application backend is set up to enable a user to assign sample information and/or reference values to measurement data via the user accessible application ([0213]).
Conclusion
28. Examiner has cited particular columns and line numbers, and/or paragraphs, and/or pages in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
29. 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.
30. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYOB HAGOS whose telephone number is (571)272-3508. The examiner can normally be reached on 8:30-5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Shelby Turner can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eyob Hagos/
Primary Examiner, Art Unit 2857
Prosecution Insights