DETAILED ACTION
Claims 1-7 and 9-20 are pending. Claim 20 is new.
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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to European Patent Application No. 22175209.0 filed on 5/24/2022.
Response to Arguments
Applicant’s arguments, filed 2/17/26, have been fully considered but are not persuasive, except where noted below.
Applicant’s arguments regarding 35 U.S.C. § 112(b) (pages 7-8) are persuasive and the claims are no longer rejected under that statute.
Applicant’s arguments regarding the previous rejection under 35 U.S.C. § 103 (pages 8-10) are moot in view of the newly cited reference, Klesk.
For at least these reasons, the rejection of the claims is maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recites the limitation 'radio technology having RF power output of 1 watt or less’. This constitutes new matter because it is not described in the application as originally filed — there is no recitation of a specific RF power limit.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-7, 10, 12-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ochiai U.S. Patent Publication No. 20200364341 (hereinafter Ochiai) in view of Strohmenger et al. U.S. Patent Publication No. 20160274978 (hereinafter Strohmenger) and further in view of Klesk et al. U.S. Patent Publication No. 20220155748 (hereinafter Klesk).
Regarding claim 1, Ochiai teaches an add-on module for data backup for a field device [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 included in the communication module 10 and a connection unit 180 included in the application module 14; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14, and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device)], the add-on module comprising:
a coupling device configured to couple the add-on module to the field device [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 (coupling device) included in the communication module 10 and a connection unit 180 (coupling device) included in the application module 14];
a data interface device configured to provide a first data communication link between the field device and the add-on module [0030-0046, Fig. 1 — connection unit 120 is detachably connected to the connection unit 180 of the application module 14. The connection unit 120 is electrically connected to the connection unit 180 to communicatively connect the communication module 10 and the application module 14. The connection unit 120 may include a connector terminal.] and to provide a second data communication link between the add-on module and a cloud-based system, the second data communications link being a wireless communications link [0030-0046, Fig. 1 — network 2 connects the server 3, the terminal 4, and the apparatus 6 wirelessly or by wire… server 3 may provide a cloud computing system… communication unit 102 is connected to the network 2 via the gateway 5 or a wire; 0099, Fig. 7 — in response to a request from a connected device of the apparatus 6 (for example, the server 3, the terminal 4, or an external server), the processor 100 may receive the download file including the firmware from the connected device via the communication unit 102 and begin downloading]; and
a backup device configured to transmit backup data for data backup for the field device using the first data communication link [0030-0046, Fig. 1 — connection unit 120 is detachably connected to the connection unit 180 of the application module 14. The connection unit 120 is electrically connected to the connection unit 180 to communicatively connect the communication module 10 and the application module 14. The connection unit 120 may include a connector terminal.; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14 (field device), and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device); 0088, Fig. 1 — processor 100 transmits a read out request to the application module 14. The application module 14 transmits the firmware stored in the active region of the firmware region 310 of the application module memory 142 to the processor 100 in response to receiving the read out request. The processor 100 stores the firmware received from the application module 14 in the backup region 240 of the firmware memory 106],
wherein the backup device is further configured to enter a restore mode of the add-on module and copy the backup data back to the field device in the restore mode as individual parameters, as parameter blocks for linearization or for interference signal suppressions, as measured value memories, as event memories, as drag pointers, as configuration data, as field device information, as diagnostic data, or as certificates [0060-0062 — backup region 240 stores backup of the firmware provided from the application module 14. Furthermore, the backup region 240 stores identification information 242… identification information is information for identifying the application module 14 or a sensor/actuator that is included therein. The identification information may be product identification information that indicates a model number or the like of the application module 14 or the sensor/actuator. In addition, the identification information may indicate the product type of the application module 14 or the sensor/actuator, such as a temperature sensor or a pressure sensor. The identification information may be a digit or a character string, or may be a combination of a digit and a character string; 0069 — Each data region 320 stores data corresponding to each piece of firmware supporting different communication protocols. The data includes information specific to the corresponding piece of firmware or to the application module 14… the data may include a parameter such as a value for calibration of the sensor/actuator that is controlled by the corresponding piece of firmware or a coefficient used for correction of sensor information or actuator control information, and may include a serial number of the device of the application module 14; 0077, 0088 — processor 100 executes the bootloader and copies the firmware from the backup region 240 to the firmware region 220 when the apparatus 6 is started up].
But Ochiai fails to clearly specify a backup device configured to transmit backup data for data backup for the field device to the cloud-based system using the first data communication link and the second data communication link and the device is configured to enter a mode of the add-on module by plugging the add-on module in the device.
However, Strohmenger teaches a backup device configured to transmit backup data for data backup for the field device to the cloud-based system using the first data communication link and the second data communication link [0094-0095, Fig. 4 — industrial devices (e.g., 408.sub.1, 408.sub.N, 410.sub.1, 410.sub.N, etc.) (field devices) can access the cloud services 412 through separate cloud gateways (e.g., cloud gateway component 406.sub.1M up through cloud gateway component 406.sub.NM) (backup device) … Industrial devices (e.g., 408.sub.1, 408.sub.N, 410.sub.1, 410.sub.N, etc.) and/or cloud gateway components (e.g., cloud gateway component 406.sub.1M up through cloud gateway component 406.sub.NM) having smart configuration capability can be configured to automatically detect and communicate with the cloud platform 402 upon installation at any facility, which can thereby simplify integration with existing cloud-based data storage, analysis, or reporting applications used by the industrial enterprise 400… cloud services 412 can include, but are not limited to, backup-related services… cloud-based backup applications (e.g., employed by the backup system comprising a backup component) can access the data (e.g., model data or other backup information) relating to an industrial automation system(s) stored in the cloud-based data store, and can perform backup-related services (e.g., restoring industrial-automation-system-related data (e.g., lost model data or other backup data), configuring or programming all or a portion of an industrial automation system using backup information (e.g., model data or other backup data), standardizing industrial plant configurations and operations, translating model data or other backup data in accordance with a desired format or platform), to facilitate desirable (e.g., optimal, suitable) operation of the industrial automation system(s) — first and second communication links are shown by arrowed lines in Fig. 4].
Ochiai and Strohmenger are analogous art. They relate to industrial control systems, particularly involving backup systems.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above add-on module, as taught by Ochiai, by incorporating the above limitations, as taught by Strohmenger.
One of ordinary skill in the art would have been motivated to do this modification in order to take advantage of the easy scalability of cloud-based storage to accommodate large amounts of data and facilitate backing up data from multiple industrial facilities, e.g. to facilitate restoring lost data, as taught by Strohmenger [0094-0095, 0038-0039]. In addition, it would be obvious to one having ordinary skill in the art to utilize the cloud-based backup system of Strohmenger with the add-on module system of Ochiai in order to more securely backup data at a remote cloud location thus preventing complete data loss should the industrial facility where the field device is located become compromised.
But the combination of Ochiai and Strohmenger fails to clearly specify the device is configured to enter a mode of the add-on module by plugging the add-on module in the device.
However, Klesk teaches the device is configured to enter a mode of the add-on module by plugging the add-on module in the device and copy the data to the device in the mode [0038-0040, Fig. 4 — At 415, the data storage device 130 is plugged into the safety control system 140…. at 425a, the processor 305 interrogates the data storage device 130 and downloads the confirmed configuration profile 120 and network settings 150a stored in the data storage device 130 to the safety control system 140. ].
Ochiai, Strohmenger and Klesk are analogous art. They relate to backup systems; and Ochiai and Strohmenger relate to industrial control systems.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above add-on module, as taught by the combination of Ochiai and Strohmenger, by incorporating the above limitations, as taught by Klesk.
One of ordinary skill in the art would have been motivated to do this modification to easily and automatically configure a control system, as suggested by Klesk [0009, 0055].
Regarding claim 2, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the coupling device includes a connector which is configured to be detachably fixed to the field device [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 (coupling device) included in the communication module 10 and a connection unit 180 (coupling device) included in the application module 14].
Further, Strohmenger teaches detachably fixing to a device by positive locking, by spring force, or by screwing [0032 — a component can be, but is not limited to being… a hard disk drive, multiple storage drives (of optical or magnetic storage medium) including affixed (e.g., screwed or bolted) or removably affixed solid-state storage drives].
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above add-on module, as taught by the combination of Ochiai, Strohmenger and Klesk, by incorporating the above limitations, as taught by Strohmenger.
One of ordinary skill in the art would have been motivated to do this modification in order to ensure that the add-on device and field device remain securely attached to each other even when experiencing mechanical stress forces, e.g. vibration. In addition, it would be obvious to one having ordinary skill in the art to simply substitute the known screw connection scheme of Strohmenger for the known generic connection scheme of Ochiai for the predictable result of an add-on module detachably fixable by screwing.
Regarding claim 3, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches a power supply device configured to provide a power supply to the add-on module via the field device and/or via an electrical energy storage integrated in the add-on module [0030-0046, Fig. 1 — The power supply unit 110 is connected to the connection unit 120. The power supply unit 110 supplies power to each element of the communication module 10 as well as to the application module 14 via the connection units 120 and 180. The power supply unit 110 may include a battery].
Regarding claim 5, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the data interface device is further configured to provide the first data communication link and/or the second data communication link by first, second, or third generation cellular standard, narrowband Internet of Things, low energy wide area network, or wireless local area network [0030-0046, Fig. 1 —network 2 connects the server 3, the terminal 4, and the apparatus 6 wirelessly or by wire. The network 2 may be the Internet, a wide area network, a local area network, or the like… processor 100, by executing the firmware, controls the functional unit 144 of the application module 14, and performs wired or wireless communication with the connected device of the apparatus 6 via the communication unit 102; 0063 — protocol information is information indicating the communication protocol for the processor 100 of the communication module 10 to execute the firmware and to perform communication with the server 3, the terminal 4, or the like. The protocol information is a communication protocol, for example, LoRa (registered trademark), SIGFOX (registered trademark), Random Phase Multiple Access (RPMA), Narrow Band IoT (NB-IoT)].
Regarding claim 6, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the data interface device is further configured to provide a third data communication link between the add-on module and an operating device via radio technology having RF power output of 1 watt or less [0030-0050, Fig. 1 — the communication unit 102 may communicate with the connected device without using the network 2, but by using NFC (Near Field Communication) or Bluetooth (registered trademark) communication technology. The communication unit 102 may be directly connected to the terminal 4 or the like, by wire, or communicatively connected wirelessly to the terminal 4 or the like, to perform communication with the connected device (the terminal 4 or the like) without using the network 2… application module 14 includes the integrated sensor 160, the integrated actuator 161, the external sensor 7, and the external actuator 8; 0085 — processor 100 may provide the sensor information acquired from the integrated sensor 160 and the external sensor 7 to the terminal 4 via the server 3 in response to a request from the terminal 4 — Note that Bluetooth, cited by Ochiai, is specified as having RF power output of 1 watt or less, see for example Dunsbergen et al. U.S. Patent Publication No. 20160128105 [0005]].
Regarding claim 7, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the backup device is further configured to store, in a backup mode, the backup data for data backup for the field device as individual parameters, as parameter blocks for a linearization or for interference signal suppressions, as measured value memory, as event memory, as drag pointer, as configuration data, as field device information, as diagnostic data, or as certificates [0030-0046, Fig. 1 — connection unit 120 is detachably connected to the connection unit 180 of the application module 14. The connection unit 120 is electrically connected to the connection unit 180 to communicatively connect the communication module 10 and the application module 14. The connection unit 120 may include a connector terminal.; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14 (field device), and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device)] and the second data communication link.; 0060-0062 — backup region 240 stores backup of the firmware provided from the application module 14. Furthermore, the backup region 240 stores identification information 242… identification information is information for identifying the application module 14 or a sensor/actuator that is included therein. The identification information may be product identification information that indicates a model number or the like of the application module 14 or the sensor/actuator. In addition, the identification information may indicate the product type of the application module 14 or the sensor/actuator, such as a temperature sensor or a pressure sensor. The identification information may be a digit or a character string, or may be a combination of a digit and a character string; 0069 — Each data region 320 stores data corresponding to each piece of firmware supporting different communication protocols. The data includes information specific to the corresponding piece of firmware or to the application module 14… the data may include a parameter such as a value for calibration of the sensor/actuator that is controlled by the corresponding piece of firmware or a coefficient used for correction of sensor information or actuator control information, and may include a serial number of the device of the application module 14].
Regarding claim 10, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the coupling device is further configured to identify the field device and to provide a unique sensor identifier, a device type, a manufacturer, or a marker tag, for the field device, wherein the add-on module is configured to provide the backup data with the unique sensor identifier [0009, 0080, 0092 — during a start-up process, may obtain identification information from the application module that is coupled to the communication module, and may obtain the firmware stored in the application module memory and store the firmware in the firmware region of the firmware memory in response to the identification information that has been obtained not matching identification information associated with the firmware stored in the firmware memory; 0060-0062 — firmware region 220 stores identification information 222 of the application module 14 having the functional unit 144 to be controlled when the firmware is executed… backup region 240 stores backup of the firmware provided from the application module 14. Furthermore, the backup region 240 stores identification information 242 of the application module 14 supported by the firmware that has been backed up, protocol information 244 of the firmware, and version information 246 of the firmware… identification information is information for identifying the application module 14 or a sensor/actuator that is included therein. The identification information may be product identification information that indicates a model number or the like of the application module 14 or the sensor/actuator. In addition, the identification information may indicate the product type of the application module 14 or the sensor/actuator, such as a temperature sensor or a pressure sensor. The identification information may be a digit or a character string, or may be a combination of a digit and a character string.; 0069 — Each data region 320 stores data corresponding to each piece of firmware supporting different communication protocols. The data includes information specific to the corresponding piece of firmware or to the application module 14… the data may include a parameter such as a value for calibration of the sensor/actuator that is controlled by the corresponding piece of firmware or a coefficient used for correction of sensor information or actuator control information, and may include a serial number of the device of the application module 14; 0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 (coupling device) included in the communication module 10 and a connection unit 180 included in the application module 14].
Regarding claim 12, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches a data memory configured to store additional recovery data, and/or a cloud interface configured to provide a connection to cloud-based systems [0030-0046, Fig. 1 — network 2 connects the server 3, the terminal 4, and the apparatus 6 wirelessly or by wire… server 3 may provide a cloud computing system… communication unit 102 is connected to the network 2 via the gateway 5 or a wire; 0061, Fig. 2 - backup region 240 stores identification information 242 of the application module 14 supported by the firmware that has been backed up, protocol information 244 of the firmware, and version information 246 of the firmware; 099, Fig. 7 — in response to a request from a connected device of the apparatus 6 (for example, the server 3, the terminal 4, or an external server), the processor 100 may receive the download file including the firmware from the connected device via the communication unit 102 and begin downloading].
Regarding claim 13, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches field device comprising the add-on module according to claim 1 [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 included in the communication module 10 and a connection unit 180 included in the application module 14].
Regarding claim 14, Ochiai teaches a method of data backup for a field device [0017 — a method is provided. The method may include coupling, by a communication module including a processor and a communication unit, the communication module and an application module detachable from the communication module; 0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 included in the communication module 10 and a connection unit 180 included in the application module 14; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14, and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device)], the method comprising:
coupling an add-on module with the field device [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 (coupling device) included in the communication module 10 and a connection unit 180 (coupling device) included in the application module 14; 009, 0080, 0092 — during a start-up process, may obtain identification information from the application module that is coupled to the communication module, and may obtain the firmware stored in the application module memory and store the firmware in the firmware region of the firmware memory in response to the identification information that has been obtained not matching identification information associated with the firmware stored in the firmware memory];
implementing a first data communication link between the field device and the add-on module [0030-0046, Fig. 1 — connection unit 120 is detachably connected to the connection unit 180 of the application module 14. The connection unit 120 is electrically connected to the connection unit 180 to communicatively connect the communication module 10 and the application module 14. The connection unit 120 may include a connector terminal.], implementing a second data communication link between the add-on module and a cloud-based system, the second data communications link being a wireless communications link [0030-0046, Fig. 1 — network 2 connects the server 3, the terminal 4, and the apparatus 6 wirelessly or by wire… server 3 may provide a cloud computing system… communication unit 102 is connected to the network 2 via the gateway 5 or a wire; 0099, Fig. 7 — in response to a request from a connected device of the apparatus 6 (for example, the server 3, the terminal 4, or an external server), the processor 100 may receive the download file including the firmware from the connected device via the communication unit 102 and begin downloading]; and
transmitting backup data for data protection for the field device to the system using the first data communication link [0030-0046, Fig. 1 — connection unit 120 is detachably connected to the connection unit 180 of the application module 14. The connection unit 120 is electrically connected to the connection unit 180 to communicatively connect the communication module 10 and the application module 14. The connection unit 120 may include a connector terminal.; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14 (field device), and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device); 0088, Fig. 1 — processor 100 transmits a read out request to the application module 14. The application module 14 transmits the firmware stored in the active region of the firmware region 310 of the application module memory 142 to the processor 100 in response to receiving the read out request. The processor 100 stores the firmware received from the application module 14 in the backup region 240 of the firmware memory 106]; and
entering a restore mode of the add-on module and copying the backup data back to the field device in the restore mode as individual parameters, as parameter blocks for linearization or for interference signal suppressions, as measured value memories, as event memories, as drag pointers, as configuration data, as field device information, as diagnostic data, or as certificates [0060-0062 — backup region 240 stores backup of the firmware provided from the application module 14. Furthermore, the backup region 240 stores identification information 242… identification information is information for identifying the application module 14 or a sensor/actuator that is included therein. The identification information may be product identification information that indicates a model number or the like of the application module 14 or the sensor/actuator. In addition, the identification information may indicate the product type of the application module 14 or the sensor/actuator, such as a temperature sensor or a pressure sensor. The identification information may be a digit or a character string, or may be a combination of a digit and a character string; 0069 — Each data region 320 stores data corresponding to each piece of firmware supporting different communication protocols. The data includes information specific to the corresponding piece of firmware or to the application module 14… the data may include a parameter such as a value for calibration of the sensor/actuator that is controlled by the corresponding piece of firmware or a coefficient used for correction of sensor information or actuator control information, and may include a serial number of the device of the application module 14; 0077, 0088 — processor 100 executes the bootloader and copies the firmware from the backup region 240 to the firmware region 220 when the apparatus 6 is started up].
But Ochiai fails to clearly specify transmitting backup data for data protection for the field device to the cloud-based system using the first data communication link and the second data communication link and the entering a mode of the add-on module by plugging the add-on module in the device.
However, Strohmenger teaches transmitting backup data for data protection for the field device to the cloud-based system using the first data communication link and the second data communication link [0094-0095, Fig. 4 — industrial devices (e.g., 408.sub.1, 408.sub.N, 410.sub.1, 410.sub.N, etc.) (field devices) can access the cloud services 412 through separate cloud gateways (e.g., cloud gateway component 406.sub.1M up through cloud gateway component 406.sub.NM) (backup device) … Industrial devices (e.g., 408.sub.1, 408.sub.N, 410.sub.1, 410.sub.N, etc.) and/or cloud gateway components (e.g., cloud gateway component 406.sub.1M up through cloud gateway component 406.sub.NM) having smart configuration capability can be configured to automatically detect and communicate with the cloud platform 402 upon installation at any facility, which can thereby simplify integration with existing cloud-based data storage, analysis, or reporting applications used by the industrial enterprise 400… cloud services 412 can include, but are not limited to, backup-related services… cloud-based backup applications (e.g., employed by the backup system comprising a backup component) can access the data (e.g., model data or other backup information) relating to an industrial automation system(s) stored in the cloud-based data store, and can perform backup-related services (e.g., restoring industrial-automation-system-related data (e.g., lost model data or other backup data), configuring or programming all or a portion of an industrial automation system using backup information (e.g., model data or other backup data), standardizing industrial plant configurations and operations, translating model data or other backup data in accordance with a desired format or platform), to facilitate desirable (e.g., optimal, suitable) operation of the industrial automation system(s) — first and second communication links are shown by arrowed lines in Fig. 4].
Ochiai and Strohmenger are analogous art. They relate to industrial control systems, particularly involving backup systems.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Ochiai, by incorporating the above limitations, as taught by Strohmenger.
One of ordinary skill in the art would have been motivated to do this modification in order to take advantage of the easy scalability of cloud-based storage to accommodate large amounts of data and facilitate backing up data from multiple industrial facilities, e.g. to facilitate restoring lost data, as taught by Strohmenger [0094-0095, 0038-0039]. In addition, it would be obvious to one having ordinary skill in the art to utilize the cloud-based backup system of Strohmenger with the add-on module system of Ochiai in order to more securely backup data at a remote cloud location thus preventing complete data loss should the industrial facility where the field device is located become compromised.
But the combination of Ochiai and Strohmenger fails to clearly specify the entering a mode of the add-on module by plugging the add-on module in the device.
However, Klesk teaches entering a mode of the add-on module by plugging the add-on module in the device and copying the data to the device in the mode [0038-0040, Fig. 4 — At 415, the data storage device 130 is plugged into the safety control system 140…. at 425a, the processor 305 interrogates the data storage device 130 and downloads the confirmed configuration profile 120 and network settings 150a stored in the data storage device 130 to the safety control system 140. ].
Ochiai, Strohmenger and Klesk are analogous art. They relate to backup systems; and Ochiai and Strohmenger relate to industrial control systems.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by the combination of Ochiai and Strohmenger, by incorporating the above limitations, as taught by Klesk.
One of ordinary skill in the art would have been motivated to do this modification to easily and automatically configure a control system, as suggested by Klesk [0009, 0055].
Regarding claim 15, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches a non-transitory computer readable medium having stored thereon a program that when executed by a computer causes the computer to implement the method according to claim 14 [0119 — Certain steps and sections may be implemented by dedicated circuitry, programmable circuitry supplied with computer-readable instructions stored on computer-readable media, and/or processors supplied with computer-readable instructions stored on computer-readable media… . Computer-readable media may include any tangible device that can store instructions for execution by a suitable device, such that the computer-readable medium having instructions stored therein comprises an article of manufacture].
Regarding claim 17, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the data memory is configured to store software data for field devices or certificates as the additional recovery data [0061, Fig. 2 - backup region 240 stores identification information 242 of the application module 14 supported by the firmware that has been backed up, protocol information 244 of the firmware, and version information 246 of the firmware; 0109-0110, Fig. 8 — external memory 830 stores multiple pieces of firmware including one or more pieces of identification information. The external memory 830 may include a removable storage medium such as a USB memory or an SD card connected to the extension communication module 82; 0118 — the extension communication module 82 may include multiple firmware regions 220 and multiple backup regions 240 corresponding to the functional unit 144 of the multiple application modules 14 connected to the communication module 10 or the extension communication module 82 for storing the firmware. The processor 100 may obtain multiple pieces of firmware corresponding to the multiple application modules 14 connected to the communication module 10 or the extension communication module 82].
Regarding claim 18, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the cloud interface is configured to provide the connection to the cloud-based systems for authenticating the add-on module or for using the add-on module via a user interface or for providing two-factor authentication [0030-0046, Fig. 1 — server 3 provides information corresponding to a request from the terminal 4 to the apparatus 6. The server 3 transmits various types of information received from the apparatus 6 to the terminal 4, to provide the user of the terminal 4 (user interface) with the information. The server 3 may be accomplished by a computer such as a server computer, or may be an apparatus accomplished by a plurality of computers. The server 3 may provide a cloud computing system].
Regarding claim 19, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches a power supply device configured to provide a power supply to the add-on module via the field device and/or via an electrical energy storage integrated in the add-on module [0030-0046, Fig. 1 — The power supply unit 110 is connected to the connection unit 120. The power supply unit 110 supplies power to each element of the communication module 10 as well as to the application module 14 via the connection units 120 and 180. The power supply unit 110 may include a battery].
Regarding claim 20, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the first data communication link is a wired communication link [0037, Fig. 1 — processor 100, by executing the firmware, controls the functional unit 144 of the application module 14, and performs wired or wireless communication with the connected device of the apparatus 6 via the communication unit 102.].
Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ochiai, Strohmenger and Klesk in view of Smith U.S. Patent Publication No. 20160306704 (hereinafter Smith).
Regarding claim 4, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the add-on module [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 included in the communication module 10 and a connection unit 180 included in the application module 14; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14, and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device)].
But the combination of Ochiai, Strohmenger and Klesk fails to clearly specify a display device configured to output a visual data display or a signaling to an operator.
However, Smith teaches an add-on module comprising a display device configured to output a visual data display or a signaling to an operator [0030-0035, Fig. 1 — backup device 120 is a portable storage device that includes a touch screen interface (display)… backup device 120 and the source device 150 include connection modules 142 and 152, respectively that allow the backup device 120 to connect to the source device 150. The connection module 142 may include a standard USB A-type or a mini USB B-type connector. The connection module 152 may include a standard USB A-type or a micro USB B-type connector; 0048 — touchscreen 212 is an electronic visual display that allows a user to provide input to the backup device 210 through a touch user interface. The user may provide input using simple touch or multi-touch gestures by touching the screen with either a special stylus or pen such as an active digitizer or using touch input. The touchscreen 212 also accepts commands from the user. As discussed below, the backup device 200 is configured to user input that indicates a variety of commands, such as selecting specific files to transfer from a source device to the backup device 210, selecting an archiving option (e.g., backup, restore, etc.); 0060-0062, Fig. 3 — FIGS. 3A-3D are diagrams that illustrate example user interfaces that are provided by the backup device 200… archive selection interface 320 also includes selection buttons 324a, 324b, and 324c, which allow the user to select either the “backup”, “restore”, or “display” options, respectively. Finally, the archive selection interface 320 includes a status message 326, which shows any relevant information relating to an archive process such as the status of the source device (e.g., ready for archiving), the total size of the data on the connected source device, the remaining storage space available on the backup device 200, or file transfer information regarding the last archiving process with the same connected source device ].
Ochiai, Strohmenger, Klesk and Smith are analogous art. They relate to backup systems; and Ochiai and Strohmenger relate to industrial control systems and Ochiai and Smith relate to detachable backup systems.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above add-on module, as taught by the combination of Ochiai, Strohmenger and Klesk, by incorporating the above limitations, as taught by Smith.
One of ordinary skill in the art would have been motivated to do this modification in order to display messages to a user, e.g. status messages and error messages, as taught by Smith [0062, 0083].
Regarding claim 9, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the add-on module [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 included in the communication module 10 and a connection unit 180 included in the application module 14; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14, and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device)].
But the combination of Ochiai, Strohmenger and Klesk fails to clearly specify an input device configured to switch the add-on module between restore mode and backup mode.
However, Smith teaches an input device configured to switch the add-on module between restore mode and backup mode [0030-0035, Fig. 1 — backup device 120 is a portable storage device that includes a touch screen interface (display)… backup device 120 and the source device 150 include connection modules 142 and 152, respectively that allow the backup device 120 to connect to the source device 150. The connection module 142 may include a standard USB A-type or a mini USB B-type connector. The connection module 152 may include a standard USB A-type or a micro USB B-type connector; 0048 — touchscreen 212 is an electronic visual display that allows a user to provide input to the backup device 210 through a touch user interface. The user may provide input using simple touch or multi-touch gestures by touching the screen with either a special stylus or pen such as an active digitizer or using touch input. The touchscreen 212 also accepts commands from the user. As discussed below, the backup device 200 is configured to user input that indicates a variety of commands, such as selecting specific files to transfer from a source device to the backup device 210, selecting an archiving option (e.g., backup, restore, etc.); 0060-0062, Fig. 3 — FIGS. 3A-3D are diagrams that illustrate example user interfaces that are provided by the backup device 200… archive selection interface 320 also includes selection buttons 324a, 324b, and 324c, which allow the user to select either the “backup”, “restore”, or “display” options, respectively. Finally, the archive selection interface 320 includes a status message 326, which shows any relevant information relating to an archive process such as the status of the source device (e.g., ready for archiving), the total size of the data on the connected source device, the remaining storage space available on the backup device 200, or file transfer information regarding the last archiving process with the same connected source device ].
Ochiai, Strohmenger, Klesk and Smith are analogous art. They relate to backup systems; and Ochiai and Strohmenger relate to industrial control systems and Ochiai and Smith relate to detachable backup systems.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above add-on module, as taught by the combination of Ochiai, Strohmenger and Klesk, by incorporating the above limitations, as taught by Smith.
One of ordinary skill in the art would have been motivated to do this modification in order to enable a user to manually select backup and restore modes, as suggested by Smith [0062].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ochiai, Strohmenger and Klesk in view of Williams U.S. Patent Publication No. 20090041230 (hereinafter Williams).
Regarding claim 11, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches the add-on module comprising circuitry configured to provide the backup data [0030-0046, Fig. 1 — apparatus 6 may be a field device… apparatus 6 comprises a communication module 10 (add-on module for data backup) and an application module 14 (field device). The communication module 10 and the application module 14 are detachably coupled to each other by a connection unit 120 included in the communication module 10 and a connection unit 180 included in the application module 14; 0058-0062, Fig. 2 — FIG. 2 shows a configuration of a firmware memory 106 (in add-on module 10) according to the present embodiment. The firmware memory 106 has a bootloader region 200 of the processor 100, a firmware region 220 for storing the firmware obtained from the application module 14, and a backup region 240… backup region 240 stores backup of the firmware provided from the application module 14 (field device); 0119 — dedicated circuitry, programmable circuitry].
But the combination of Ochiai, Strohmenger and Klesk fails to clearly specify circuitry configured to provide the backup data with a time stamp.
However, Williams teaches circuitry configured to provide the backup data with a time stamp [0031-0035, Fig. 2 — FIG. 2 is a block diagram illustrating a mobile client device 100, according to one embodiment. The mobile client device 100 includes, among other components, a processor 210, a memory module 220, a communication module 230, an output module 240, an input module 250, a backup module 260, and a bus 270… backup module 260 performs tasks associated with the backup of the data in the mobile client device 100. During the backup operation, the backup module 260 identifies the data to be backed up from the memory 220, attaches time stamps to the data to be backed up, deduplicates the data to be backed up, compresses the data to be backed up into one or more files, and encrypts the data using encryption algorithms. Then the backup module 260 sends the backup data to the backup server 110 via the communication module 230.].
Ochiai, Strohmenger, Klesk and Williams are analogous art. They relate to backup systems; and Ochiai and Strohmenger relate to industrial control systems.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above add-on module, as taught by the combination of Ochiai, Strohmenger and Klesk, by incorporating the above limitations, as taught by Williams.
One of ordinary skill in the art would have been motivated to do this modification to record when the backup was made to facilitate version control and enable restoration/recovery to an appropriate/desirable time.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ochiai, Strohmenger and Klesk in view of Nilsson et al. U.S. Patent Publication No. 20180348041 (hereinafter Nilsson).
Regarding claim 16, the combination of Ochiai, Strohmenger and Klesk teaches all the limitations of the base claims as outlined above.
Further, Ochiai teaches using the HART standard for wired communication [0063 — The protocol information is a communication protocol, for example, LoRa (registered trademark), SIGFOX (registered trademark), Random Phase Multiple Access (RPMA), Narrow Band IoT (NB-IoT), HART (registered trademark), BRAIN, Foundation Fieldbus (registered trademark)), WirelessHART (registered trademark) or a communication protocol defined by ISA100.11a or the like; 0030-0046 , Fig. 1 —network 2 connects the server 3, the terminal 4, and the apparatus 6 wirelessly or by wire. The network 2 may be the Internet, a wide area network, a local area network, or the like… processor 100, by executing the firmware, controls the functional unit 144 of the application module 14, and performs wired or wireless communication with the connected device of the apparatus 6 via the communication unit 102].
But the combination of Ochiai, Strohmenger and Klesk fails to clearly specify the power supply device is configured to provide the power supply to the add-on module via a wired field device with 4 . . . 20 mA HART standard.
However, Nilsson teaches the power supply device is configured to provide the power supply to the add-on module via a wired field device with 4 . . . 20 mA HART standard [0029-0032, Figs. 1-2 — field device 10 is connected via the process control loop 104 to the power supply 102. The process control loop 104 comprises two wires 108a-b (see FIGS. 2b-c). The process control loop 104 may for example be a 4-20 mA loop, a loop in accordance with the HART standard, or a loop in accordance with the Fieldbus standard. The power supply 102 may for example form part of a control room. The process control loop 104 generally serves to supply power to, and signal output from, the field device 10. Data may also be sent via the loop 104 to the field device 10].
Ochiai, Strohmenger, Klesk and Nilsson are analogous art. They relate to control/monitoring systems using field devices, particularly involving communication between devices.
Therefore at the time the invention was made, it would have been obvious to a person of ordinary skill in the art to modify the above add-on module, as taught by the combination of Ochiai, Strohmenger and Klesk, by incorporating the above limitations, as taught by Nilsson.
One of ordinary skill in the art would have been motivated to do this modification in order to provide an power or alterative/backup power to a field device using existing communication infrastructure without the need for additional wiring.
Note that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERNARD G. LINDSAY whose telephone number is (571)270-0665. The examiner can normally be reached Monday through Friday from 8:30 AM to 5:30 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERNARD G LINDSAY/
Primary Examiner, Art Unit 2119