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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 22 January 2026 has been entered.
This communication is in response to Application No. 18/376,881 filed on 05 October 2023 and the Request for continued examination (RCE) presented on 22 January 2026, amendment presented on 05 January 2026, which amends claims 1-8, 10, 12-19, 21 and 23-24 and presents arguments, is hereby acknowledged. Claims 1-24 are currently pending and subject to examination.
Response to Arguments
Interview Summary
Examiner conducted interview with Applicant’s representative on 19 December 2025. During the interview, Applicant's assigned Attorney argued that prior art reference "Garcia et al. (US 2022/0263717 A1) and Nixon et al. (US 2022/0078267) fails to teach proposed amendments "conducting web-based communication between a networked computer device in a first region and a field device in a second region over an Ethernet-Advanced Physical Layer (APL) to allow a user of the networked computer device to access and interact with a web page or a web program that is hosted on a web server running on the field device; configuring, through a direct connection for the web-based communication, at the field device using configuration information including at least one of an a tunable operation parameter or setting of the field device for monitoring or controlling a process or plant based on user an input, from the user, wherein the web-based communication includes at least one of a request for field data or a confirmation of the configuration information from the field device."
The examiner agreed that the proposed amendment "configuring, through a direct connection for the web-based communication, at the field device using configuration information including a tunable operation parameter for monitoring or controlling a process or plant based on user an input, from the user" will overcome prior art of records.
However the examiner explained that the prior art of record Nixon et al. (US 2022/0078267 A1) still teaches the above argued proposed amendment "conducting web-based communication between a networked computer device in a first region and a field device in a second region over an Ethernet-Advanced Physical Layer (APL) to allow a user of the networked computer device to access and interact with a web page or a web program that is hosted on a web server running on the field device; configuring, through a direct connection for the web-based communication, at the field device using configuration information including at least one of setting of the field device for monitoring or controlling a process or plant based on user an input, from the user, wherein the web-based communication includes at least one of a request for field data or a confirmation of the configuration information from the field device" (Nixon: [fig 2, paragraph 0016, 0052-0053, 0059]). However, no agreement was reached in regards to the above argued proposed amended claimed subject matter.
Examiner suggested the Attorney to give more clarification/recite limitation "tunable parameter". Examiner suggested the Applicant to file proposed amendment as discussed in which examiner will conduct an update search and consideration for the claims as amended.
Claim Rejections: 35 U.S.C.§ 103
Claims 1, 3-8, 10, 12, 14-19, 21 and 24:
On pages 8-15 of the response filed 05 January 2026, Applicants addresses the 35 U.S.C. §103 rejection made on the 06 November 2025 Final Rejection. Applicant's arguments, regarding the rejections under 35 U.S.C. §103, have been fully considered.
Applicants argue at page 10 of the remarks, as filed that Garcia and Nixon, alone or in any combination, do not disclose, suggest, or render obvious, at least one element of the rejected claims which is related to tunable operation parameters have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as discussed below.
Applicants argue at page 10 of the remarks, as filed that Garcia can only display information, it does not and cannot allow a user to access and interact with a web page or a web program. The examiner respectfully disagrees and finds these arguments unpersuasive. Garcia still teaches a user to access and interact with a web page or a web program. However, upon further consideration, a new ground(s) of rejection is made as discussed below.
Applicants argue at page 10-11 of the remarks, as filed that Garcia and Nixon, alone or in any combination, do not disclose, suggest, or render obvious "configuring, through a direct connection for the web-based communication. at the field device at least a tunable operation parameter for monitoring or a process or plant, based on a user Input, from the user, received across the Ethernet-APL by the field device from a user interaction with the web page or the web program through the networked computer device" as recited in amended claims 1, 12 and 24 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as discussed below.
Dependent claims 3-8, 10, 14-19 and 21
Applicant argues these claims conditionally based upon arguments presented for their parent claim(s). Applicant’s arguments are persuasive. However, a new ground of rejections may appear below. See the detailed explanation and rejection below.
2. Dependent claims 2 and 13
Applicants argue at pages 11-12 of the remarks, as filed that Krishnan merely discloses an edge controller used in a building site (Krishnan, [0038],lines 1-3), not "a process or plant," as recited in claims 2 and 13. However, Krishnan is silent with regard to "an edge controller located in an intrinsically safe (IS) region." as recited in claims 2 and 13.
The examiner respectfully disagrees and finds these arguments unpersuasive. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See in re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed.Cir. 1986).Also the courts have explicitly stated that the prior art need not be solving the same problem as the applicant. SeeKSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007). For example, one may arrive at identical claimed invention by solving a completely different problem. The courts have further held that it is obvious to modify prior arts where there is a teaching, suggestion, or motivation to do so. In re Kahn, 441 F.3d 977, 986, 78 USPQ2d 1329, 1335 (Fed. Cir. 2006).
specifically, the examiner’s prior Office Action cited prior art reference “GARCIA” teaches wherein the field device is a controller located in an intrinsically safe or IS region of an industrial process or plant, and web-based communication between the field device and the networked computer device is conducted. GARCIA describes the field device is a controller located in an intrinsically safe region of plant and web based communication between the field device and the APL display device which is connected to APL network (e.g. networked computer device) (GARCIA: [paragraph 0019-0020, 0050, 0055]).
Specifically, the examiner prior Office Action cited prior art reference Krishnan teaches wherein the field device is an edge controller. Krishnan describes field device is an edge controller (Krishnan: [paragraph 0084]). Krishnan further describes While the above disclosure is largely described with respect to a building management system, it is contemplated that the disclosure may be applied to other applications, such as industrial processes control applications and/or any other suitable application. In an industrial process control application, for example, the system may be similar to that shown in FIG. 1 except the building management system components may be replaced with industrial process control components. This is just an example (Krishnan: [paragraph 0093]). Thus, the combination of GARCIA and Maneval and further in view of Krishnan teaches “the method of claim 1, wherein the field device is an edge controller located in an intrinsically safe (IS) region of the process or plant, and web-based communication between the field device and the networked computer device is conducted over a direct network connection across the Ethernet-APL” as recited in amended dependent claims 2 and 13. Therefore, Applicant’s arguments are unpersuasive. However, Applicant argues these claims conditionally based upon arguments presented for their parent claim(s). However, a new ground of rejections may appear below. See the detailed explanation and rejection below.
3. Dependent claims 9 and 20
Applicant argues these claims conditionally based upon arguments presented for their parent claim(s). Applicant’s arguments are persuasive. However, a new ground of rejections may appear below. See the detailed explanation and rejection below.
4. Dependent claims 11 and 22
Applicant argues these claims conditionally based upon arguments presented for their parent claim(s). Applicant’s arguments are persuasive. However, a new ground of rejections may appear below. See the detailed explanation and rejection below.
5. Claim 23 and claim rejection under 35 U.S.C. § 102
Applicants argue at page 15 of the remarks, as filed that First, claim 23 depends on claim12 As argued above, claim12 is distinguishable from the cited references of claim 12 based on one of the references used in the 103 rejections is inappropriate. Applicant’s arguments are persuasive. However, a new ground of rejections may appear below. See the detailed explanation and rejection below.
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.
The factual inquiries 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.
Claims 1, 3-8, 10, 12, 14-19, 21 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Swarr et al. ( US 2024/0056320 A1); in view of Capoccia et al. (US 2024/0019854 A1).
Regarding Claim 1, Swarr discloses a method comprising: conducting web-based communication between a networked computer device and a field device over an Ethernet-Advanced Physical Layer (APL) to allow a user of the networked computer device to access and interact with a web page or a web program that is hosted on a web server running on the field device ([paragraph 0051-0052, 0055, 0079, 0112-0114] describes user of the work station or networked computing device and conducting web communication between work station or networked computing device and an APL Field switch (e.g. a field device) over an Ethernet, 802.11, advanced physical layer (APL) which allow to user of the work station or networked computing device to interact with a web page that is hosted on web server on the APL Field switch (e.g. the field device) );
Swarr doesn’t explicitly disclose configuring, through a direct connection for the web-based communication, at the field device at least a tunable operation parameter for monitoring or controlling a process or plant based on a user input, from the user, received across the Ethernet-APL by the field device from a user interaction with the web page or the web program through the networked computer device.
However, Capoccia in a similar field of endeavor, discloses configuring, through a direct connection for the web-based communication, at the field device at least a tunable operation parameter for monitoring or controlling a process or plant based on a user input, from the user, received across the Ethernet-APL by the field device from a user interaction with the web page or the web program through the networked computer device ([paragraph 0023, 0127, 0134] describes Ethernet, 802.11, advanced physical layer (APL) and ethernet connection may each connect directly to APL field switch ((e.g. the field device) for web communication [paragraph 0117-0118, 0148, 0177, 0278, 0288] describes configuring APL field switch ((e.g. the field device) through direct connection for web communication tuning operational parameters and values of the industrial process plant, such as tags of inputs and outputs, reference values, and the like, thereby forming a configured or programmed controller service for monitoring and controlling the run-time operations of a plant based on user input received from user received across the Ethernet-APL connection by the APL field switch ((e.g. the field device) from a user utilize web browser (e.g. web page or the web program) executing at the user-operated computing device (e.g. networked computing device)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include configuring, through a direct connection for the web-based communication, at the field device at least a tunable operation parameter for monitoring or controlling a process or plant based on a user input, from the user, received across the Ethernet-APL by the field device from a user interaction with the web page or the web program through the networked computer device as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
Regarding claim 3, the combination of Swarr and Capoccia teaches the method, wherein the web page or program is accessible for the user interaction through a web browser running on the networked computer device (Swarr: [paragraph 0078-0079] describes the user of the work station or networked computing device to interact with a web page that is hosted on web server on the APL Field switch (e.g. the field device)).
Regarding claim 4, the combination of Swarr and Capoccia teaches the method, further comprising: sending from the web server the web page, a web user interface for the web program, or data for generating the web page or the web user interface on the web browser (Swarr: [paragraph 0078-0079, 0114-0115] describes web server generates a graphical user interface (GUI) for setting port Power Classes that is transmitted back to the user. The GUI, for example, can be provided via a web server provided by the application software that displays the GUI on a web page); and
receiving at the web server the user input, provided by the user through the web page or the web user interface on the web browser, for configuring the at least tunable operation parameter (Capoccia: [paragraph 0117-0118, 0207, 0277-0279] describes receiving at the server the user input, utilize web browser (e.g. web page or the web program) executing at the user-operated computing device (e.g. networked computing device) for configuring the tuning operational parameters).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include receiving at the web server the user input, provided by the user through the web page or the web user interface on the web browser, for configuring the at least tunable operation parameter as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
Regarding claim 5, the combination of Swarr and Capoccia teaches the method, the web page or the web user interface provides for user selection of at least tunable operation parameter through the web browser (Capoccia: [paragraph 0117-0118, 0207, 0277-0279] describes the web browser (e.g. page) provides for client selection of the setting of the APL field switch (e.g. device) for configuration through the web browser for a client device to enable a user to tune operational parameters).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include the web page or the web user interface provides for user selection of at least tunable operation parameter through the web browser as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
Regarding claim 6, the combination of Swarr and Capoccia teaches the method, wherein the web page or the web user interface provides web- based information associated with the field device on the web browser of the networked computer device, the web-based information (Capoccia: [paragraph 0117-0118, 0207, 0277-0281] describes receiving at the server the user input, utilize web browser (e.g. web page or the web program) executing at the user-operated computing device (e.g. networked computing device) and provides web information associated with the APL field switch (e.g. field device) for configuring the tuning operational parameters comprising:
a current configuration at least tunable operation parameter (Capoccia: [paragraph 0117-0118, 0207, 0277-0279] describes stores the configuration information for the enterprise, as currently configured of tune operation parameter);
and a current operational status or state of the field device or of a program implemented by at least one of the field device for at least one of monitoring or controlling the process or plant (Capoccia: [paragraph 0011, 0018] describes current operational status of the APL Field switch (e.g. field device) for monitoring and controlling the process of plant),
device information including at least one of a device identifier, type, health, or communication port information; diagnostic information for the field device (Capoccia: [paragraph 0145-0147, 0262] describes device identifiers, device configuration information, process measurements, process setpoints, alerts, etc., real-time health of APL Field switch (e.g. device), operations, maintenance, diagnostics, monitoring, etc. of APL Field switch (e.g. device)),
or diagnostic information of a process variable or equipment of the process or plant, which is monitored by the field device (Capoccia: [paragraph 0056-0057, 0262] describes The field devices are sensors, actuators, and the like compatible with the network to which they are connected. The field devices output sensor data, operating status, command confirmations, diagnostics, and other outgoing network communications required for operation of the process control network and/or are configured to receive commands, data requests, and other incoming network communications required for operation of the process control network).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include the web-based information comprising a current configuration at least tunable operation parameter and a current operational status or state of the field device or of a program implemented by at least one of the field device for at least one of monitoring or controlling the process or plant as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
Regarding claim 7, the combination of Swarr and Capoccia teaches the method,
wherein the web server is configured to set or update at least tunable operation parameter for monitoring or controlling the process or plant, the program being configured to run on the field device according to the at least tunable operation parameter (Capoccia: [paragraph 0117-0118, 0207, 0277-0279] describes the server is configured to update or change tune operational parameter for monitoring or controlling the process or plant, the program being configured to run on the field device according to tuning operational parameter).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include wherein the web server is configured to set or update at least tunable operation parameter for monitoring or controlling the process or plant, the program being configured to run on the field device according to the at least tunable operation parameter as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
Regarding claim 8, the combination of Swarr and Capoccia teaches the method, wherein the program is tunable according to at least tunable operation parameter (Capoccia: [paragraph 0277-0279] describes program is tunable according to running a tuning procedure etc. to provide for better control operation, for example, to better control signal timing, variability, quality of product, cost of operations, etc. In some cases, the APM may suggest new or different types of control or control loop algorithms, new tunings of process control devices or control loops, additional control algorithms or different control algorithms that might be useful).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include wherein the program is tunable according to at least tunable operation parameter as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to provide tuning of one of the process plants could be optimized to perform better ([paragraph 0089] in Capoccia).
Regarding claim 10, the combination of Swarr and Capoccia teaches the method, wherein the web server configures the field device by inputting or updating at least tunable operation parameter maintained in a database based on the user input, the database being stored in a memory on the field device (Capoccia: [paragraph 0089-0090, 0099, 0188-0189] describes server configures the APL Field switch (e.g. field device) by changing or updating tuning operational parameter maintained in a configuration database based on client input and the configuration database can be loaded into memory on the field device).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include wherein the web server configures the field device by inputting or updating at least tunable operation parameter maintained in a database based on the user input, the database being stored in a memory on the field device as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to provide databases of the physical layer for redundancy and/or for controlling replicated physical equipment ([paragraph 0021] in Capoccia).
Regarding claim 12, Swarr teaches a field device comprising: a network communication interface for conducting at least web-based communication with a networked computer device over an Ethernet-Advanced Physical layer (APL) ([paragraph 0019, 0051-0052, 0112-0114] describes APL Field switch (e.g. the field device) comprising a communication interface for conducting web communication with a work station or networked computing device over an Ethernet, 802.11, advanced physical layer (APL));
a memory; and a processor configured to: host a web page or program on a web server running on the field device, the web page or program being accessible to a user of the networked computer device, over the Ethernet-APL ([paragraph 0051-0052, 0074, 0078-0079] describes APL Field switch (e.g. the field device) comprising microprocessor or central processing unit (CPU) that has access to storage or memory that holds application software with executable instructions executable by the CPU and host a web page on server running on APL Field switch (e.g. the field device) and an APL Field switch (e.g. a field device) over an Ethernet, 802.11, advanced physical layer (APL) and conducting web communication between work station or networked computing device and an APL Field switch (e.g. a field device) over an Ethernet, 802.11, advanced physical layer (APL) which allow to user of the work station or networked computing device to interact with a web page that is hosted on web server on the APL Field switch (e.g. the field device));
Swarr doesn’t explicitly disclose configure at least a tunable operation parameter based on a user input, from the user, received across the Ethernet-APL by the field device from a user interaction with the web page or the web program through the networked computer device.
However, Capoccia in a similar field of endeavor, discloses configure at least a tunable operation parameter based on a user input, from the user, received across the Ethernet-APL by the field device from a user interaction with the web page or the web program through the networked computer device ([paragraph 0023, 0127, 0134] describes Ethernet, 802.11, advanced physical layer (APL) and ethernet connection may each connect directly to APL field switch ((e.g. the field device) for web communication [paragraph 0117-0118, 0148, 0177, 0278, 0288] describes configuring APL field switch ((e.g. the field device) through direct connection for web communication tuning operational parameters and values of the industrial process plant, such as tags of inputs and outputs, reference values, and the like, thereby forming a configured or programmed controller service for monitoring and controlling the run-time operations of a plant based on user input received from user received across the Ethernet-APL connection by the APL field switch ((e.g. the field device) from a user utilize web browser (e.g. web page or the web program) executing at the user-operated computing device (e.g. networked computing device)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include configure at least a tunable operation parameter based on a user input, from the user, received across the Ethernet-APL by the field device from a user interaction with the web page or the web program through the networked computer device as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
Regarding claims 14-19, these claims contain limitations found within that of claims 3-8 and the same rationale to rejections are used.
Regarding claim 21, this claim contains limitations found within that of claim 10 and the same rationale to rejection is used.
Regarding Claim 23, the combination of Swarr and Capoccia teaches a system comprising: the field device of claim 12: a networked computer device for configuring the field device for monitoring or controlling a process or plant; and an APL switch for enabling communication over an Ethernet network between the network computer device and the field device across Ethernet-APL (Swarr: [paragraph 0112-0113] describes a system for configuring an APL field switch (e.g. device) for monitoring or controlling a process or plant [Swarr: paragraph 0051-0052, 0055, 0079, 0112-0114] describes user of the work station or networked computing device and conducting web communication between work station or networked computing device and an APL Field switch (e.g. a field device) over an Ethernet, 802.11, advanced physical layer (APL) which allow to user of the work station or networked computing device to interact with a web page that is hosted on web server on the APL Field switch (e.g. the field device)).
Regarding claim 24, Swarr teaches a non-transitory tangible computer medium storing computer executable code, which when executed by a processor, is configured to implement a method of configuring a field device for monitoring or controlling an operation of a process or plant ([paragraph 0019, 0051-0052, 0112-0114] describes
a computer readable medium storing computer executable code which when executed by a processor is configured to implement a method for configuring an APL Field switch (e.g. the field device) connected to the network can be, in particular, two-wire Ethernet sensors or actuators etc. for monitoring field device plant process sensors/parameters and process parameters such as level, limit level, flow, pressure or density can be monitored), the method comprising:
hosting a web page or program on a web server running on the field device, the web page or program being accessible to a user of the networked computer device, across Ethernet-Advanced Physical Layer (APL) ([paragraph 0051-0052, 0074, 0078-0079] describes APL Field switch (e.g. the field device) comprising microprocessor or central processing unit (CPU) that has access to storage or memory that holds application software with executable instructions executable by the CPU and host a web page on server running on APL Field switch (e.g. the field device) and an APL Field switch (e.g. a field device) over an Ethernet, 802.11, advanced physical layer (APL) and conducting web communication between work station or networked computing device and an APL Field switch (e.g. a field device) over an Ethernet, 802.11, advanced physical layer (APL) which allow to user of the work station or networked computing device to interact with a web page that is hosted on web server on the APL Field switch (e.g. the field device));
Swarr doesn’t explicitly disclose configuring at least a tunable operation parameter based on a user input, from the user, received across the Ethernet-APL, via a network interface, from a user interaction with the web page or the web program through the networked computer device.
However, Capoccia in a similar field of endeavor, discloses configuring at least a tunable operation parameter based on a user input, from the user, received across the Ethernet-APL, via a network interface, from a user interaction with the web page or the web program through the networked computer device ([paragraph 0023, 0127, 0134] describes Ethernet, 802.11, advanced physical layer (APL) and ethernet connection may each connect directly to APL field switch ((e.g. the field device) for web communication [paragraph 0117-0118, 0148, 0177, 0278, 0288] describes configuring APL field switch ((e.g. the field device) through direct connection for web communication tuning operational parameters and values of the industrial process plant, such as tags of inputs and outputs, reference values, and the like, thereby forming a configured or programmed controller service for monitoring and controlling the run-time operations of a plant based on user input received from user received across the Ethernet-APL connection by the APL field switch ((e.g. the field device) from a user utilize web browser (e.g. web page or the web program) executing at the user-operated computing device (e.g. networked computing device)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include configuring at least a tunable operation parameter based on a user input, from the user, received across the Ethernet-APL, via a network interface, from a user interaction with the web page or the web program through the networked computer device as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
7. Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Swarr et al. ( US 2024/0056320 A1); in view of Capoccia et al. (US 2024/0019854 A1); and further in view of Krishnan et al. (US 2021/0382452 A1).
Regarding claim 2, the combination of Swarr and Capoccia teaches the method, wherein the field device is a controller located in an intrinsically safe or IS region of an industrial process or plant, and web-based communication between the field device and the networked computer device is conducted over a direct network connection across the Ethernet-APL (Swarr: [paragraph 0003, 0065-0066, 0071, 0077-0078] describes the APL Field switch (e.g. field device) is a controller located in an intrinsically safe region of plant and web based communication between the APL Field switch (e.g. field device) which is connected to the work station or networked computing device over a direct network connection across APL-based Ethernet (e.g. Ethernet-APL)).
wherein web-based communication between the field device and the networked computer device is conducted over a direct network connection across the Ethernet-APL (Capoccia: [paragraph 0023, 0127, 0134] describes Ethernet, 802.11, advanced physical layer (APL) and ethernet connection may each connect directly to APL field switch ((e.g. the field device) for web communication [paragraph 0117-0118, 0148, 0177, 0278, 0288] describes configuring APL field switch ((e.g. the field device) through direct connection for web communication based on user input received from user received across the Ethernet-APL connection by the APL field switch ((e.g. the field device) from a user utilize web browser (e.g. web page or the web program) executing at the user-operated computing device (e.g. networked computing device)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr to include wherein web-based communication between the field device and the networked computer device is conducted over a direct network connection across the Ethernet-APL as taught by Capoccia. One ordinary skill in the art would be motivated to utilize the teachings of Swarr in the Capoccia system in order to perform functions within the process or plant such as opening or closing valves, switching devices on and off, and measuring process parameters ([paragraph 0004] in Capoccia).
Swarr and Capoccia fails to teach wherein the field device is an edge controller.
However, Krishnan teaches wherein the field device is an edge controller ([paragraph 0084] describes field device is an edge controller).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr/ Capoccia to include wherein the field device is an edge controller as taught by Krishnan. One ordinary skill in the art would be motivated to utilize the teachings of Swarr/ Capoccia in the Krishnan system in order to provide fall-safe modes of control ([paragraph 0045] in Krishnan).
Regarding claim 13, this claim contains limitations found within that of claim 2 and the same rationale to rejection is used.
8. Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Swarr et al. ( US 2024/0056320 A1); in view of Capoccia et al. (US 2024/0019854 A1); and further in view of Wouhaybi et al. (US 2020/0310394 A1).
Regarding claim 9, Swarr and Capoccia fails to teach the method wherein the program is compliant with IEC 61499, and comprises at least a PID control program or PID control block for controlling the process or plant.
However, Wouhaybi teaches the method wherein the program is compliant with IEC 61499, and comprises at least a PID control program or PID control block for controlling the process or plant ([paragraph 0085, 0244, 0358, 0409] describes control program is compliant with IEC-61499 and PID controller program for controlling the operation of industrial plant).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr / Capoccia to include wherein the program is compliant with IEC 61499, and comprises at least a PID control program or PID control block for controlling the process or plant as taught by Wouhaybi. One ordinary skill in the art would be motivated to utilize the teachings of Swarr / Capoccia in the Wouhaybi system in order to provide support continuous 24/7 mission-critical operations ([paragraph 0406] in Wouhaybi).
Regarding claim 20, this claim contains limitations found within that of claim 9 and the same rationale to rejection is used.
9. Claims 11 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Swarr et al. ( US 2024/0056320 A1); in view of Capoccia et al. (US 2024/0019854 A1); and further in view of Chouinard et al. (US 2015/0186119 A1).
Regarding claim 11, the combination of Swarr and Capoccia fails to teach the method, wherein the field device includes an embedded framework platform through which to control operations of the field device including the operations of the web server and a control program to monitor or control the process or plant.
However, Chouinard teaches the method, wherein the field device includes an embedded framework platform through which to control operations of the field device including the operations of the web server and a control program to monitor or control the process or plant ([paragraph 0030-0031, 0036-0037, 0055] describes field device includes an embedded framework platform through which to control operations of the field device and operation of web server and operation of plant).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Swarr / Capoccia to include wherein the field device includes an embedded framework platform through which to control operations of the field device including the operations of the web server and a control program to monitor or control the process or plant as taught by Chouinard. One ordinary skill in the art would be motivated to utilize the teachings of Swarr / Capoccia in the Chouinard system in order to allow plant personnel to view telemetry and status data associated with the automation system, and to control some aspects of system operation ([paragraph 0030] in Chouinard).
Regarding claim 22, this claim contains limitations found within that of claim 11 and the same rationale to rejection is used.
Conclusion
. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- Reller et al., US 2007/0057783 A1, A field device that communicates in accordance with Ethernet signaling is provided.
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/M.J.S/Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459