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 .
Status of Claims
Applicant's “Amendment” filed on 4/14/2026 has been considered.
Rejection to Claims 1-14 under 35 USC 101 have not been overcome.
Claims 1, 3 are amended.
Claims 1-14 are currently pending and have been examined.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories. All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG), it is determined whether the claims are directed to a judicially recognized exception. Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 1 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
A computer-based system for promoting candidate plans of upgrade in vendor provided devices and services of an industrial automation system, comprising:
a processor, and
a memory having instructions stored in modules executable by the processor, the modules comprising:
a context engine configured to generate an automation context term for a target application using inference algorithms based on a retrieved ontology of the industrial automation system, wherein the ontology includes information regarding connected devices, control variable names, and control function blocks related to devices of the industrial automation system;
a mapping engine configured to query a digital catalog for candidate upgrade devices related to the context term and to map key performance indicators related to the context term for each candidate device or service; and
a cost-performance engine configured to:
estimate performance improvement for each of the candidate upgrade devices or services, the cost-performance engine comprising algorithms that generate one or more simulation models for computing estimated performance improvements and an extraction component to extract cost information from the digital catalog;
rank the candidate upgrade devices or services according to cost, performance, or cost-performance benefit; and
deliver a ranked list of candidate upgrade plans for upgrade of devices or services with cost and performance information to one or more graphical user interfaces in the automation system for display to a one or more users..
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations as emphasized, are a process that, under its broadest reasonable interpretation, covers a commercial interaction. That is, other than reciting that the catalog is digital, and the estimated performance improvements are computed using generated simulation models, nothing in the claim element precludes the step from practically being performed by people. For example, “generate, query, map, estimate, and rank” in the context of this claim encompasses advertising, and marketing or sales activities.
If a claim limitation, under its broadest reasonable interpretation, covers a commercial interaction but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
The claim recites additional elements beyond the judicial exception(s), including:
A computer-based system for promoting candidate plans of upgrade in vendor provided devices and services of an industrial automation system, comprising:
a processor, and
a memory having instructions stored in modules executable by the processor, the modules comprising:
a context engine configured to generate an automation context term for a target application using inference algorithms based on a retrieved ontology of the industrial automation system, wherein the ontology includes information regarding connected devices, control variable names, and control function blocks related to devices of the industrial automation system;
a mapping engine configured to query a digital catalog for candidate upgrade devices or services related to the context term and to map key performance indicators related to the context term for each candidate device or service; and
a cost-performance engine configured to:
estimate performance improvement for each of the candidate upgrade devices or services, the cost-performance engine comprising algorithms that generate one or more simulation models for computing estimated performance improvements and an extraction component to extract cost information from the digital catalog;
rank the candidate upgrade devices or services according to cost, performance, or cost-performance benefit; and
deliver a ranked list of candidate upgrade plans for upgrade of devices or services with cost and performance information to one or more graphical user interfaces in the automation system for display to a one or more users..
These limitations (deemphasized) are not indicative of integration into a practical application because:
The additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea.) Specifically, the additional element of an industrial automation system, a processor, a memory, modules, a context engine, connected devices, devices of the industrial automation system, a mapping engine, a digital catalog, and a cost-performance engine, are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of connecting to a platform on a network) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the additional elements to no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). For example, stating that the cost5 performance engine comprises algorithms that generate one or more simulation models for computing estimated performance improvements, only generally links the commercial interactions and management of relationships or interactions between people to a computer environment. Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of system claim 1, taken individually or as a whole, the additional elements of claim 1 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Therefore, claim 1 does not provide an inventive concept and does not qualify as eligible subject matter.
Claim 8 is a method reciting similar functions as claim 1, and does not qualify as eligible subject matter for similar reasons.
Claims 2-7 and 9-14 are dependencies of claims 1, and 8. The dependent claims do not add “significantly more” to the abstract idea. They recite additional functions that describe the abstract idea and only generally link the abstract idea to a particular technological environment, including:
wherein the one or more simulation models include mathematical or physics models of an underlying discipline. cost-performance engine includes algorithms that generate mathematical or physics models of an underlying discipline or simulation models, for analysis of predicted performance improvement using a candidate upgrade device or service. (further limiting the simulation models and algorithms does not make the abstract idea less abstract)
Accordingly, the Examiner concludes that there are no meaningful limitations in the claim that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
Claim Rejections - 35 USC § 103
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2016/0274558 A1 to STROHMENGER in view of U.S. Patent Application No. 2021/0081836 A1 to POLLERI in further view of U.S. Patent Application No. 2006/0195365 A1 to KARABETSOS.
Regarding Claim 1, STROHMENGER discloses A computer-based system for promoting candidate plans of upgrade in vendor provided devices and services of an industrial automation system, comprising: a processor, and a memory having instructions stored in modules executable by the processor, the modules comprising:
a context engine … a context term … includes information regarding connected devices, control variable names, and control function blocks related to devices of the industrial automation system; ([0145] the cloud gateway 1308 of FIG. 13 or cloud gateway 1408 of FIG. 14 can tag the collected industrial data (e.g., 1314 or 1414) with contextual metadata prior to pushing the data as cloud data (e.g., 1304 or 1404) to the cloud platform. Such contextual metadata can include, for example, a time stamp, a location of the device at the time the data was generated, or other contextual information. In another example, some cloud-aware devices can comprise smart devices capable of determining their own context within the plant or enterprise environment. Such devices can determine their location within a hierarchical plant context or device topology … Cloud-based applications and services that model an enterprise according to such an organizational hierarchy can represent industrial controllers, devices, machines, or processes as data structures (e.g., type instances) within this organizational hierarchy to provide context for data generated by respective devices within the enterprise relative to the enterprise as a whole. Such a convention can replace the flat name structure that is employed by some industrial applications. [0064] respective variables associated with the industrial automation system 104 that can indicate suitable (e.g., optimal, acceptable, preferred) operation of the industrial automation system 104, or portion thereof, wherein the respective variables can be variables that can affect output of the industrial automation system 104, [0078] information relating functional or geographical relationships between industrial assets (e.g., 210, 212, 214) or between an industrial asset (e.g., 210, 212, 214) and a network-related device of the network component 216, information relating to a layout (e.g., functional layout, logic layout, geographical layout) of an industrial automation system 204, communication network connections, or other information. [0130] data structures (e.g., user data, metadata); code structure(s) (e.g., modules, objects, classes, procedures), commands, or instructions; industrial data or other data associated with industrial automation systems or industrial enterprises; )
a mapping engine configured to [determine] candidate upgrade devices related to the context term and to map key performance indicators related to the context term for each candidate device or service; and ([0071] the analytics component 102 can generate and maintain an asset strategy library that can be employed to facilitate managing the use, maintenance or servicing, replacement, and/or other aspects of a set of industrial assets (e.g., 110, 112, 114) associated with an industrial automation system(s) 104. Based at least in part on the results of the analysis of the data, the analytics management component 118 can determine use, maintenance, and replacement strategies and schedules for use in managing the industrial assets. )
a cost-performance engine configured to: estimate performance improvement for each of the candidate upgrade devices or services, ([0066] the determined or estimated (e.g., by the analytics management component 118) effect of altering operation of the one or more industrial assets with respect to the deviation or potential for deviation, ) the cost-performance engine comprising algorithms that generate one or more simulation models for computing estimated performance improvements ([0120] facilitating performing simulation operations using a model (e.g., simulation model) in connection with an industrial automation system,)
rank the candidate upgrade devices or services according to cost, performance, or cost-performance benefit; and ([0091] The visualization component 322 also can generate and present the respective correlations relating to the industrial automation system 304 in a desired ranked order (e.g., highest ranked priority correlation to lowest ranked priority correlation) or can emphasize correlations that have higher priority (e.g., display higher priority correlations in a larger form than lower priority correlations, display higher priority correlations using a different color than that of lower priority correlations). The analytics management component 318 or visualization component 322 can determine and assign respective priority rankings for respective correlations, based at least in part on the relative importance of the respective correlations with respect to each other and/or the relative impact on a goal(s) (e.g., production goal and/or other goal) relating to the industrial automation system 304 with respect to each other. [0174] the one or more factors can relate to the relative impact or importance on respective defined goals (e.g., production output, revenue from products, profits from products, minimization of waste or breakage associated with production) of the respective correlations)
deliver a ranked list of candidate upgrade plans for upgrade of devices or services with cost and performance information to one or more graphical user interfaces in the automation system for display to a one or more users., ([0091] The visualization component 322 also can generate and present the respective correlations relating to the industrial automation system 304 in a desired ranked order [0097] The information display 600 of FIG. 6 can comprise a first information portion 602 that can comprise a first subset of information relating to the industrial automation system 304, and a second information portion 604 that can comprise a second subset of information relating to the industrial automation system 304.)
But does not explicitly disclose configured to generate an automation context term for a target application using inference algorithms based on a retrieved ontology of the industrial automation system, wherein the ontology includes information; query a digital catalog; and an extraction component to extract cost information from the digital catalog;
POLLERI, on the other hand, teaches configured to generate an automation context term for a target application using inference algorithms based on a retrieved ontology of the industrial automation system, ([0336] In various embodiments, context aware semantic Machine Learning (ML) services can enables a user to perform a high-precision search of services and automated composition of machine learning deployment services based on formal ontology-based representations of service semantics that can include QoS and product KPIs. This forms a scalable means for a high-precision search of relevant services to compose pipelines 136, shown in FIG. 1, with minimal human intervention to define self-adaptive machine learning architecture. [0192] When capturing an event, additional information associated with the event may also be collected, where the additional information may indicate a present context in which the event is generated.(cost)
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by POLLERI, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of POLLERI, in order to improve system performance (POLLERI, [0113]).
KARABETSOS, on the other hand, teaches query a digital catalog; and an extraction component to extract cost information from the digital catalog; ([0022] The service provider database, comprising a plurality of service provider resumes, is searched. [0072] Installation Type prompt 38 provides the user with information about each selection such as cost and the type of service included for each installation type. [0079] a cost estimate for the desired handyman service,)
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by KARABETSOS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of KARABETSOS, in order to provide a method for providing services (KARABETSOS, [0002]).
Regarding Claim 2, STROHMENGER in view of POLLERI and KARABETSOS teaches the system of claim 1.
STROHMENGER discloses wherein the cost-performance engine is further configured to rank the list of candidate upgrade plans according to cost, cost-performance benefit, number of replacement devices, or a combination thereof.. ([0091] The visualization component 322 also can generate and present the respective correlations relating to the industrial automation system 304 in a desired ranked order (e.g., highest ranked priority correlation to lowest ranked priority correlation) or can emphasize correlations that have higher priority (e.g., display higher priority correlations in a larger form than lower priority correlations, display higher priority correlations using a different color than that of lower priority correlations). The analytics management component 318 or visualization component 322 can determine and assign respective priority rankings for respective correlations, based at least in part on the relative importance of the respective correlations with respect to each other and/or the relative impact on a goal(s) (e.g., production goal and/or other goal) relating to the industrial automation system 304 with respect to each other. [0174] the one or more factors can relate to the relative impact or importance on respective defined goals (e.g., production output, revenue from products, profits from products, minimization of waste or breakage associated with production) of the respective correlations)
Regarding Claim 3, STROHMENGER in view of POLLERI teaches the system of claim 1.
STROHMENGER discloses wherein the one or more simulation models include mathematical or physics models of an underlying discipline, and wherein the cost-performance engine includes algorithms that generate mathematical or physics models of an underlying discipline or simulation models, for analysis of predicted performance improvement using a candidate upgrade device or service. (([0120] facilitating performing simulation operations using a model (e.g., simulation model) in connection with an industrial automation system,) [0087] wherein the data aggregation can be modeled, in the model 224, on the physical structure of the industrial automation system 204. Such data aggregation and structuring can allow (e.g., enable) the analytics management component 218 to locate respective industrial assets (e.g., 210, 212, 214) and/or network-related devices within the industrial-automation-system context (e.g., the analytics management component 218 can identify an asset, a device, or production area in the industrial automation system 204 in which a sensor resides, based at least in part on the data aggregation and data structuring associated with the model 224.))
Regarding Claim 4, STROHMENGER in view of POLLERI and KARABETSOS teaches the system of claim 1.
STROHMENGER does not explicitly disclose further comprising: an order processing engine configured to: receive, from the one or more graphical user interfaces, a user selection of one or more devices or services for placement of an order; submit the order to a vendor ordering system using a connected communication network; and forward confirmation of the order placement to the one or more graphical user interfaces.
KARABETSOS teaches further comprising: an order processing engine configured to: receive, from the one or more graphical user interfaces, a user selection of one or more devices or services for placement of an order; submit the order to a vendor ordering system using a connected communication network; and forward confirmation of the order placement to the one or more graphical user interfaces.. (([0061] user selects a sub-service category … multiple service categories … selection between scheduling a single service provider or scheduling several service providers, see Fig. 7 [0097] selecting at least one service provider resume from the select service provider grouping; and selecting at least one calendar day and at least one appointment time from the availability calendar. [claim 2] providing a handyman service appointment confirmation to a select network member via the communication network, [0091] the system comprises a service provider appointment confirmation, the service provider appointment confirmation being provided to a select network member via the communication network and the data output means. ))
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by KARABETSOS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of KARABETSOS, in order to provide a method for providing services (KARABETSOS, [0002]).
Regarding Claim 5, STROHMENGER in view of POLLERI and KARABETSOS teaches the system of claim 4.
STROHMENGER does not explicitly disclose wherein the order processing engine is further configured to: present vendor delivery options using the one or more graphical user interfaces, and submit a user selected delivery option to the vendor ordering system.
KARABETSOS teaches wherein the order processing engine is further configured to: present vendor delivery options using the one or more graphical user interfaces, and submit a user selected delivery option to the vendor ordering system. (([0061] user selects a sub-service category … multiple service categories … selection between scheduling a single service provider or scheduling several service providers, see Fig. 7 [0097] selecting at least one service provider resume from the select service provider grouping; and selecting at least one calendar day (delivery option) and at least one appointment time from the availability calendar. [claim 2] providing a handyman service appointment confirmation to a select network member via the communication network, [0091] the system comprises a service provider appointment confirmation, the service provider appointment confirmation being provided to a select network member via the communication network and the data output means. ))
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by KARABETSOS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of KARABETSOS, in order to provide a method for providing services (KARABETSOS, [0002]).
Regarding Claim 6, STROHMENGER in view of POLLERI and KARABETSOS teaches the system of claim 4.
STROHMENGER does not explicitly disclose wherein the order processing engine is further configured to autonomously schedule an installation appointment with sales and distribution channels of the vendor via communications with a vendor server over a communication network connection..
KARABETSOS teaches wherein the order processing engine is further configured to autonomously schedule an installation appointment with sales and distribution channels of the vendor via communications with a vendor server over a communication network connection. (([0017] enable consumers to schedule installation, replacements and other services from remote locations, [0061] user selects a sub-service category … multiple service categories … selection between scheduling a single service provider or scheduling several service providers, see Fig. 7 [0097] selecting at least one service provider resume from the select service provider grouping; and selecting at least one calendar day (delivery option) and at least one appointment time from the availability calendar. [claim 2] providing a handyman service appointment confirmation to a select network member via the communication network, [0091] the system comprises a service provider appointment confirmation, the service provider appointment confirmation being provided to a select network member via the communication network and the data output means. ))
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by KARABETSOS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of KARABETSOS, in order to provide a method for providing services (KARABETSOS, [0002]).
Regarding Claim 7, STROHMENGER in view of POLLERI and KARABETSOS teaches the system of claim 4.
STROHMENGER does not explicitly disclose wherein the order processing engine is further configured to provide delivery options and autonomous installation scheduling to the user on a display screen of the one or more graphical user interfaces.
KARABETSOS teaches wherein the order processing engine is further configured to provide delivery options and autonomous installation scheduling to the user on a display screen of the one or more graphical user interfaces.. (([0017] enable consumers to schedule installation, replacements and other services from remote locations, [0061] user selects a sub-service category … multiple service categories … selection between scheduling a single service provider or scheduling several service providers, see Fig. 7 [0097] selecting at least one service provider resume from the select service provider grouping; and selecting at least one calendar day (delivery option) and at least one appointment time (installation scheduling) from the availability calendar. [claim 2] providing a handyman service appointment confirmation to a select network member via the communication network, [0091] the system comprises a service provider appointment confirmation, the service provider appointment confirmation being provided to a select network member via the communication network and the data output means. ))
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by KARABETSOS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of KARABETSOS, in order to provide a method for providing services (KARABETSOS, [0002]).
Regarding Claim 8, STROHMENGER discloses computer-based method for promoting candidate plans of upgrade in vendor provided devices or services of an industrial automation system, comprising:
a context term… includes information regarding connected devices, control variable names, and control function blocks related to devices of the industrial automation system; ([0145] the cloud gateway 1308 of FIG. 13 or cloud gateway 1408 of FIG. 14 can tag the collected industrial data (e.g., 1314 or 1414) with contextual metadata prior to pushing the data as cloud data (e.g., 1304 or 1404) to the cloud platform. Such contextual metadata can include, for example, a time stamp, a location of the device at the time the data was generated, or other contextual information. In another example, some cloud-aware devices can comprise smart devices capable of determining their own context within the plant or enterprise environment. Such devices can determine their location within a hierarchical plant context or device topology … Cloud-based applications and services that model an enterprise according to such an organizational hierarchy can represent industrial controllers, devices, machines, or processes as data structures (e.g., type instances) within this organizational hierarchy to provide context for data generated by respective devices within the enterprise relative to the enterprise as a whole. Such a convention can replace the flat name structure that is employed by some industrial applications. [0064] respective variables associated with the industrial automation system 104 that can indicate suitable (e.g., optimal, acceptable, preferred) operation of the industrial automation system 104, or portion thereof, wherein the respective variables can be variables that can affect output of the industrial automation system 104, [0078] information relating functional or geographical relationships between industrial assets (e.g., 210, 212, 214) or between an industrial asset (e.g., 210, 212, 214) and a network-related device of the network component 216, information relating to a layout (e.g., functional layout, logic layout, geographical layout) of an industrial automation system 204, communication network connections, or other information. [0130] data structures (e.g., user data, metadata); code structure(s) (e.g., modules, objects, classes, procedures), commands, or instructions; industrial data or other data associated with industrial automation systems or industrial enterprises; )
[determining] candidate upgrade devices or services related to the context term and mapping key performance indicators related to the context term for each candidate device or service; and ([0071] the analytics component 102 can generate and maintain an asset strategy library that can be employed to facilitate managing the use, maintenance or servicing, replacement, and/or other aspects of a set of industrial assets (e.g., 110, 112, 114) associated with an industrial automation system(s) 104. Based at least in part on the results of the analysis of the data, the analytics management component 118 can determine use, maintenance, and replacement strategies and schedules for use in managing the industrial assets. )
estimating performance improvement for each of the candidate upgrade devices or services, ([0066] the determined or estimated (e.g., by the analytics management component 118) effect of altering operation of the one or more industrial assets with respect to the deviation or potential for deviation, ) the cost-performance engine comprising algorithms that generate one or more simulation models for computing estimated performance improvements ([0120] facilitating performing simulation operations using a model (e.g., simulation model) in connection with an industrial automation system,)
ranking the candidate upgrade devices or services according to cost, performance, or cost-performance benefit; and ([0091] The visualization component 322 also can generate and present the respective correlations relating to the industrial automation system 304 in a desired ranked order (e.g., highest ranked priority correlation to lowest ranked priority correlation) or can emphasize correlations that have higher priority (e.g., display higher priority correlations in a larger form than lower priority correlations, display higher priority correlations using a different color than that of lower priority correlations). The analytics management component 318 or visualization component 322 can determine and assign respective priority rankings for respective correlations, based at least in part on the relative importance of the respective correlations with respect to each other and/or the relative impact on a goal(s) (e.g., production goal and/or other goal) relating to the industrial automation system 304 with respect to each other. [0174] the one or more factors can relate to the relative impact or importance on respective defined goals (e.g., production output, revenue from products, profits from products, minimization of waste or breakage associated with production) of the respective correlations)
delivering a ranked list of candidate upgrade plans for upgrade of devices or services with cost and performance information to one or more graphical user interfaces in the automation system for display to a one or more users., ([0091] The visualization component 322 also can generate and present the respective correlations relating to the industrial automation system 304 in a desired ranked order [0097] The information display 600 of FIG. 6 can comprise a first information portion 602 that can comprise a first subset of information relating to the industrial automation system 304, and a second information portion 604 that can comprise a second subset of information relating to the industrial automation system 304.)
But does not explicitly disclose generating an automation context term for a target application using inference algorithms based on a retrieved ontology of the industrial automation system, wherein the ontology includes information; querying a digital catalog; and an extraction component to extract cost information from the digital catalog;
POLLERI, on the other hand, teaches generating an automation context term for a target application using inference algorithms based on a retrieved ontology of the industrial automation system, ([0336] In various embodiments, context aware semantic Machine Learning (ML) services can enables a user to perform a high-precision search of services and automated composition of machine learning deployment services based on formal ontology-based representations of service semantics that can include QoS and product KPIs. This forms a scalable means for a high-precision search of relevant services to compose pipelines 136, shown in FIG. 1, with minimal human intervention to define self-adaptive machine learning architecture. [0192] When capturing an event, additional information associated with the event may also be collected, where the additional information may indicate a present context in which the event is generated.(cost)
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by POLLERI, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of POLLERI, in order to improve system performance (POLLERI, [0113]).
KARABETSOS, on the other hand, teaches querying a digital catalog; and an extraction component to extract cost information from the digital catalog; ([0022] The service provider database, comprising a plurality of service provider resumes, is searched. [0072] Installation Type prompt 38 provides the user with information about each selection such as cost and the type of service included for each installation type. [0079] a cost estimate for the desired handyman service,)
It would have been obvious to one of ordinary skill in the art to include in the system, as taught by STROHMENGER, the features as taught by KARABETSOS, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify STROHMENGER, to include the teachings of KARABETSOS, in order to provide a method for providing services (KARABETSOS, [0002]).
Claim 9 recites a method comprising substantially similar limitations as claim 2. The claim is rejected under substantially similar grounds as claim 2.
Claim 10 recites a method comprising substantially similar limitations as claim 3. The claim is rejected under substantially similar grounds as claim 3.
Claim 11 recites a method comprising substantially similar limitations as claim 4. The claim is rejected under substantially similar grounds as claim 4.
Claim 12 recites a method comprising substantially similar limitations as claim 5. The claim is rejected under substantially similar grounds as claim 5.
Claim 13 recites a method comprising substantially similar limitations as claim 6. The claim is rejected under substantially similar grounds as claim 6.
Claim 14 recites a method comprising substantially similar limitations as claim 7. The claim is rejected under substantially similar grounds as claim 7.
Response to Arguments
Applicant’s arguments filed with respect to the drawings have been fully considered.
The objections are withdrawn.
Applicant’s arguments filed with respect to the claim objections have been fully considered.
The objections to claims 1 and 3 are overcome by amendment to the claims.
Applicant’s arguments filed with respect to the rejection of claims under 35 USC 101 have been fully considered but they are not persuasive.
Applicant argues that the claims are directed to a specific technological solution to a technical problem within the industrial automation field, improving the functionality of automation systems and offering a concrete, non-abstract application. Specifically, claim 1 is directed to a highly specific, computer-based system for promoting upgrades within an industrial automation system, utilizing complex inference algorithms, digital catalog mapping, and cost-performance simulations. The claimed invention adopts a unique bottom-up approach, where the context engine generates an automation context term for a target application using inference algorithms based on a retrieved ontology of the industrial automation system including information regarding connected devices, control variable names and control function blocks.
Examiner disagrees. A context engine configured to generate an automation context term using inference algorithms based on a retrieved ontology of the industrial automation system is generic retrieval of information, which is an abstract method of organizing human activity, implemented using a computer. A mapping engine configured to query a digital catalog and to map key performance indicators is organization of information, a task that can be performed by humans, only implemented more efficiently using a computer. A cost performance engine comprising algorithms that generate one or more simulation models for computing estimated performance improvements is recited at a high level of generality and does not provide any concrete steps or methods used to actually generate the simulation models or compute estimated performance improvements. The claims recite the idea of generating simulation models and computing estimated performance improvements but do not recite any details regarding how these functions are performed. This only generally links the abstract idea to a particular technological environment and does not integrate the abstract idea into a practical application.
Applicant further argues that the claimed system offers a novel approach by using artificial intelligence to automatically match installed devices to potential replacements and providing ranked choices according to a cost-performance scale. However, the currently recited claims generate a context term for a target application “using inference algorithms based on a retrieved ontology” with no description of what steps are involved in the generating or the using or how it is based on a retrieved ontology. Ranking choices according to a scale and outputting the ranked list does not provide an improvement to any technology, but solves a human problem of recommending upgrades, which is a method of organizing human activity, specifically a marketing or sales activity. The claims do not recite a practical application of the abstract idea.
Applicant’s arguments with respect to rejection of the claim under 35 USC 103 have been considered but are moot in view of new grounds of rejection, necessitated by Applicant’s amendment.
Applicant argues that Strohmenger does not disclose a context engine that is configured to generate an automation context term for a target application of the industrial automation system using inference algorithms. Applicant further argues that Strohmenger does not disclose that the retrieved ontology comprises information regarding connected devices, control variable names and control function blocks. Strohmenger relies on standardized device models, which limits the teaching to known device types.
Examiner disagrees. Strohmenger discloses a cloud gateway which tags contextual metadata including a time stamp, a location of a device at a time data was generated, or other contextual information, including cloud-aware devices comprising smart devices within a plant or enterprise environment. The creation of these tags is being interpreted as generating an automation context term for a target application using inference algorithms. Examiner notes that not details regarding “using inference algorithms” are recited to specify exactly how they are being used. The claims only recited “based on a retrieved ontology of the industrial automation system including information regarding connected devices, control variable names and control function blocks. Strohmenger discloses information regarding connected devices (cloud-aware devices, for example), control variable names (respective variables associated with the industrial automation system) and control function blocks (information relating functional or geographical relationships between industrial assets or an asset and a layout, communication network connections, or other information, and data structures, code structures, commands and instructions. Further, Strohmenger discloses [0055] The respective configurations and interfacing of the analytics component 102 and industrial device 110 can thereby yield a closed-loop control configuration that can facilitate enabling the analytics component 102 to control (e.g., control configuration, parameter settings, operations of) the industrial device 110. The industrial device 110 can configure (e.g., re-configure) its parameter settings to change them from the current settings to the modified parameter settings, in response to the received instructions. Examiner notes that the broadest reasonable interpretation is being applied to the claim language.
Applicant further argues that Polleri does not disclose an ontology of an automation system, and Polleri is not for generating an automation context term for a target application of the industrial automation system, and that A person having ordinary skill in the art would not consider a combination of Strohmenger with Polleri.
Examiner disagrees. Polleri teaches generating an automation context term based on a retrieved ontology. Polleri teaches a context aware semantic machine learning service based on formal ontology-based representations of service semantics that can include Q0S and product KPIs. Additional information associated with events is also collected indicating a present context in which the event is generated. Examiner notes that the broadest reasonable interpretation of the claim limitations is being applied.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to combine Strohmenger and Polleri in order to improve system performance.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle T. Kringen whose telephone number is (571)270-0159. The examiner can normally be reached M-F: 11am-7pm.
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/MICHELLE T KRINGEN/Primary Examiner, Art Unit 3689
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