DETAILED ACTION
This Communication is a First Action on the Merits (FAOM). Claims 1-42, as originally filed, are pending and have been considered as follows.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 15-18 and 29-31 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Guim Bernat et al (2021/0144517 A1).
As per Claim 1, Guim Bernat teaches a process control or automation system comprising: a compute fabric disposed remotely from and communicatively connected to one or more plant sites, the compute fabric including computer devices that implement computer implemented elements for the one or more plants sites including a plurality of instantiated micro-encapsulated execution environments (MEEEs) (Figure 1 – References 110, 163, 166 and 167; Page 4, Paragraph [0104]; Page 5, Paragraphs [0107] and [0110]; Page 6, Paragraphs [0114], [0115] and [0119]; Page 75, Paragraphs [0938] and [0939]).
(Note: In paragraph [0938], Guim Bernat describes sequences of tasks bring trained and applied within a compute fabric. In paragraph [0104], Guim Bernat indicates a compute-capable element may include among other things: a device, gateway, bridge, server, client, endpoint, peer node, etc. In paragraph [0107], Guim Bernat describes an edge computing configuration illustrated in Figure 1 as an edge cloud which includes multiple entities, devices and equipment instances. As shown in Figure 1, these include business and industrial equipment, drones, smart cities, building devices, sensors and Internet of Things [IoT] devices)
(Note: In paragraphs [0114], Guim Bernat describes the concept of a service flow associated with a transaction [e.g. workloads, workflows and business functional and business level requirements]. In paragraph [0115], Guim Bernat describes the execution of a plurality of applications [i.e. functions as a service – FaaS, standard processes – MEEEs]. In paragraph [0119], Guim Bernat describes the deployment of compute, storage and network service between end devices and cloud computing data centers remotely disposed that provides the ability manage workload/workflow level services)
(Note: The Examiner is considering the teachings of Guim Bernatas providing evidence of a compute fabric disposed remotely from and communicatively connected to one or more plant sites, the compute fabric including computer devices that implement computer implemented elements for the one or more plants sites including a plurality of instantiated micro-encapsulated execution environments [MEEEs])
Guim Bernat also teaches a plurality of physical devices located at the one or more plant sites, the plurality of physical devices performing respective physical functions to implement one or more industrial or automation processes of an enterprise at respective ones of the one or more plant sites (Smart Factory/Factory Automation: Page 7, Paragraph [0123] and [0124]; Page 9, Paragraph [0142] and [0144]; Page 23, Paragraph [0259]; Page 28, Paragraph [0325]).
(Note: In paragraphs [0123] and [0124], Guim Bernat describes network components and functional features of the edge cloud as providing an ingress point into a network configuration [i.e. a plurality of instantiated MEEEs] embodied as a system level horizontal and distributed architecture providing resources and services to perform a specified functionality. In paragraph [0142], Guim Bernat describes computers and industrial processing equipment [i.e. located at a plurality of plant sites]. In paragraph [0144], Guim Bernat describes the fulfillment of requests and responses from various client endpoints [industrial processing equipment])
Guim Bernat further teaches a communications gateway device located at each of the one or more plant sites, wherein each of the communication gateway devices implements networked communications between the plurality of physical devices at a plant site and the MEEEs of the compute fabric that communicate with the physical devices at the plant site (Page 4, Paragraph [0104]; Page 5, Paragraph [0110]; Page 6, Paragraphs [0118] – [0120]).
(Note: In paragraph [0104], Guim Bernat describes compute-capable elements as taking the form of a gateway in each edge computing node; and as shown in Figure 1 there are a plurality of edge computing node and as such each node has at least one gateway. In paragraph [0110], Guim Bernat describes edge computing within an edge computing network. In paragraph [0118] – [0120], Guim Bernat describes a system for providing edge services and applications within a multi-stakeholder entity environment as shown in Figure 3)
(Note: The Examiner is considering this as reading on wherein each of the communication gateway devices implements networked communications between the plurality of physical devices at a plant site and the MEEEs of the compute fabric that communicate with the physical devices at the plant site as recited in the claimed language)
As per Claims 2, 16 and 30, Guim Bernat teaches wherein a first plurality of instantiated MEEEs communicate with the plurality of physical devices at a particular plant site using one or more secured point-to-point (PTP) or peer-to-peer (P2P) connections and wherein the communications gateway device at the particular plant site implements the one or more secured PTP or P2P connections between the compute fabric and the plurality of physical devices at the particular plant site (Page 6, Paragraph [0117]; Page 18, Paragraph [0221]).
As per Claims 3, 17 and 31 Guim Bernat teaches wherein the communications gateway device implements the one or more secured point-to-point (PTP) or peer-to-peer (P2P) connections using one or more virtual private networks (VPNs) (Page 65, Paragraph [0805]).
As per Claim 15, Guim Bernat teaches a system and a method of performing process control or automation as described in Claim 1. Guim Bernat also teaches storing and executing a plurality of instantiated micro-encapsulated execution environments (MEEEs) using a compute fabric disposed remotely from and communicatively connected to one or more plant sites as described in Claim 1.
As per Claim 29. Guim Bernat teaches a control and communication system used in a process control or automation that operates in a compute fabric disposed remotely from one or more plant sites as described in Claims 1 and 15 above.
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, 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.
Claim(s) 4-14, 16-18 and 30-42 are rejected under 35 U.S.C. 103 as being unpatentable over Guim Bernat et al (2021/0144517 A1) in view of Hartwig (2017/0063614 A1).
As per Claims 4, 18 and 32, Guim Bernat teaches the process control or automation system and method of Claims 2, 16 and 29; but does not teach wherein a second plurality of instantiated MEEEs communicate with the plurality of physical devices at the particular plant site using a second set of one or more secured point-to-point (PTP) or peer-to-peer (P2P) connections and wherein the communications gateway device at the particular plant site implements the second set of one or more secured PTP or P2P connections between the second plurality of instantiated MEEEs of the compute fabric and the plurality of physical devices at the particular plant site.
However, Hartwig does teach wherein a second plurality of instantiated MEEEs communicate with the plurality of physical devices at the particular plant site using a second set of one or more secured point-to-point (PTP) or peer-to-peer (P2P) connections and wherein the communications gateway device at the particular plant site implements the second set of one or more secured PTP or P2P connections between the second plurality of instantiated MEEEs of the compute fabric and the plurality of physical devices at the particular plant site.
(Note: As indicated above, in paragraphs [0123] and [0124], Guim Bernat describes the edge cloud as providing an ingress point into a plurality of instantiated MEEEs embodied as a system level horizontal and distributed architecture providing resources and services to perform a specified functionality. In paragraph [0043], Hartwig indicates that the cloud collects data about a client and/or network and generates configuration settings that include security policies and VPN settings)
(Note: In paragraph [0043], Hartwig describes cloud generated settings [e.g. IP mappings, port numbers, and security information] being sent to specific devices/components. In paragraph [0044], Hartwig describes providing services for a plurality of clients – ClientsA-C [i.e. particular plant site])
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
As per Claims 5, 19 and 33, the combination of Guim Bernat and Hartwick teaches wherein the communications gateway device at a particular plant site implements communications between the plurality of physical devices at the particular plant site and MEEEs of the compute fabric using a plurality of different secured point-to-point (PTP) or peer-to-peer (P2P) connections as described in Claims 2 and 4.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
As per Claims 6, 20 and 34, the combination of Guim Bernat and Hartwick teaches wherein the communications gateway device establishes a different secured network for each of the different secured point-to-point (PTP) or peer-to-peer (P2P) connections as described in Claim 5.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
As per Claims 7, 21 and 35, the combination of Guim Bernat and Hartwick teaches wherein the communications gateway device establishes a different virtual private network for each of the secured networks established for each of the different secured point-to-point (PTP) or peer-to- peer (P2P) connections.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
As per Claims 8, 22 and 36, the combination of Guim Bernat and Hartwick teaches wherein the communications gateway device at a particular plant site uses a first secured point-to-point (PTP) or peer-to-peer (P2P) connection to implement a control network that enables MEEEs of the compute fabric to implement on-line process control using the plurality of physical devices at the a particular plant site and uses a second secured point-to-point (PTP) or peer-to-peer (P2P) connection to implement a network that does not perform on-line process control.
(Note: As described in paragraphs [0043] and [0044], Hartwick indicates the cloud collects data about a client or network [i.e. gateway, plant, MEEE] and generates security policies, VPN settings and any other types of configurations. The cloud uses this to automate the interconnection between multiple networks and resources)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
As per Claims 9, 23 and 37, the combination of Guim Bernat and Hartwick teaches wherein the second point- to-point (PTP) or peer-to-peer (P2P) connection implements a network that performs maintenance functions as described in Claim 8. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
As per Claims 10-12, 24-26 and 37-39, the combination of Guim Bernat and Hartwick teaches wherein the second point-to-point (PTP) or peer-to-peer (P2P) connection implements a network that performs enterprise management functions with respect to devices or networks at the particular plant site; and wherein the second point-to-point (PTP) or peer-to-peer (P2P) connection implements a network that performs device or network monitoring functions as described in Claims 8 and 9.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
As per Claims 13, 14, 27, 27, 41 and 42, the combination of Guim Bernat and Hartwick teaches wherein a particular plant site includes one or more process controllers and one or more field devices, wherein the one or more process controllers control the one or more field devices to implement on-line process control at the physical site; and a particular plant site includes one or more field devices connected to the communications gateway via one or more input/output devices, and wherein a first plurality of the MEEEs of the compute fabric implement on-line process control at the particular plant site using the one or more field devices.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the process, method and system taught by Guim Bernat teaches with the process, method and system taught by Hartwig to enhance resilience, scalability, security and cost-efficiency by implementing dedicated encrypted peer to peer links to provide private exclusive pathways making data interception harder on shared networks vital for sensitive industrial data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. PETKOV et al (2020/0076929 A1), Strohmenger et al (2016/0274553 A1), PANCHALINGAM et al (2020/0389432 A1), Asenjo et al (2018/0083982 A1) and Kempf et al (2019/0058709 A1). Each of these describes the remote execution of workflows ins distributed architecture network environments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693