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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/28/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
Claim(s) 1, 16 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The phrase “classifying each of the flow control components, based on at least one of the prescribed configuration information and the referenced memory map,…” located on Page(s) 1 of the Claims, 1st line of the limitation after the preamble. The Specification mention classification but does not explain it, the Specification states that the system classifies flow control components, detail configuration information, a referenced memory map and how to determine socket access permissions. However, the Specification states and describes the result of the classification, not the mechanism for performing it.
The Specification explains how components are classified with respect to socket access, a classification utilized to create permission profiles and token generated based on those permissions. It does not clearly describe classification categories, rules to determine the classification, how the system evaluates the memory map and how the system evaluates configuration information.
Based on the limitation and the specification, the specification essentially states that “components are classified” without explaining how the classification decision is made. The Specification does not adequately describe the classification logic.
Claim(s) 5-8, 14 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The term(s) “classification guidelines” is not fully explain, detailed or describes. There is no explanation of what guidelines look like structurally, how they are stored or how they interact with the memory map. The specification does not sufficiently describe the structure or operation of the classification guidelines used to perform the claimed classification.
The following is a quotation of the first paragraph 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 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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s) classifying components, creating or referencing permission profiles, generating tokens and applying resource access guidelines.
The limitations include details that aligns with recognized abstract ideas such as mental processes, methods of organizing human activity, data classification and security management. In addition, the method consist of access control policy management, permission assignment, token generation and security policy enforcement, which are associated with authorization and access control management, identified as an abstract idea.
This judicial exception is not integrated into a practical application because the additional elements of the claims(s) includes “industrial automation devices”, “flow control components” and a “system” are generic computer related components, used as tools to perform the abstract idea. Although the specification describes technical improvements to control application for industrial automation devices, the claim(s) do/does not specific technical improvements or mechanism disclosed in the specification. Instead, the claim simply uses classification, profile creation, token generation and policy transmission. The courts have repeatedly that merely applying an abstract idea in a particular technological environment is insufficient and does not integrate the abstract idea into a practical application.
The claim(s) do/does not include additional elements that are sufficient to amount to significantly more than the judicial exception because absent of the abstract idea, the remaining elements only include a host, flow control environment, sockets, tokens and control components. These appear to be generic computing elements performing routine security functions. The elements are generic and conventional and lacks an inventive concept. There is no inventive concept that transforms the abstract idea into patent-eligible subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HUANG et al. (US 2007/0294426 A1)
Paramasivam (US 2017/0126549 A1)
Lockett et al. (US 2014/0380425 A1)
Beckwith et al. (US 2008/0250253 A1)
Callaghan et al. (US 2007/0293952 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached M-F 7:00-3:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached at 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443
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