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 .
DETAILED ACTION
This office action is in response to the claim listing filed on July 21st, 2026. Claims 1-20 are currently pending.
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.
Claims 1, 3, 4, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over JIN et al. (USPGPUB No. 2019/0219993 A1, hereinafter referred to as Jin) in view of Sichner et al. (USPGPUB No. 2006/0224811 A1, hereinafter referred to as Sichner).
Referring to claim 1, Jin discloses an apparatus (10) for connecting industrial devices {“previously registered mobile terminals 30” (see Fig. 1 [0015], [0068]) where each mobile terminal connected to industrial device “mobile terminal 30 receives the [industrial device] PLC driving data”, [0040], 1st sentence}, associated with an industrial machine or plant {both “mobile terminal” and “collects Programmable Logic Controller (PLC) driving data of a [plant] factory facility” (see Figs. 1 and 2 [0035], 1st sentence)}, to a data network comprising at least one control unit {“facility may be a factory control unit”, see Figs. 1 and 2 [0094], 2nd sentence} of said industrial machine or plant, said apparatus (10) comprising:
a protective case (11) {“factory facility monitoring system using an [protective case] active black box… for collecting PLC driving data of a factory facility, collecting real-time image data from a CCTV”, see Figs. 1 and 2 [0010], 1st sentence};
communication means {“ respectively connected through a wireless communication network”, see Figs. 1 and 2 [0034]};
one or more operation connectors (26) associated {“active black box 10 is connected to the PLC of each factory facility,” by one or more operation connectors per PLC, see Fig. 2 [0043], 1st sentence} with said protective case (11) and each suitable for being connected to {“ active black box 10 [for being connected to and suitably] transmits malfunction event information including an ID corresponding to the factory facility”, see Figs. 1 and 2 [0043]} at least one of the one or more industrial devices {“active black box 10 transmits malfunction event information including an ID corresponding [one or more industrial devices in] the factory facility”, see Figs. 1 and 2 [0043]};
Jin does not appear to explicitly disclose communication and safety means (13, 15) housed in said protective case (11) and suitable for receiving and/or transmitting safe and/or non-safe signals from/to one or more industrial devices and for being connected to the data network to transmit thereto electrical signals relating to the operation of one or more industrial devices;
connection means (17) connected to said one or more operation connectors (26) and to said communication and safety means (13, 15) to allow the communication of the latter with said one or more industrial devices;
However, Sichner discloses communication and safety means (13, 15) housed in said protective case (11) {communication and safety means “receive and/or transmit data”, see Fig. 1 [0017], 1st sentence} and suitable for receiving and/or transmitting safe and/or non-safe signals {“ data related to safety and non-safety and process such data accordingly”, see Fig. 1 [0017], 1st sentence} from/to one or more industrial devices {“ any number of additional modular I/O components can be added to the system”, see Fig. 2 [0035], last two sentences} and for being connected to the data network to transmit thereto electrical signals {“Utilizing one or more industrial automation protocols to communicate” via the data network “network 34” as claimed, see Fig. 2 [0040], 1st sentence} relating to the operation of one or more industrial devices {“ drilling down to device level information [operation] on the plant floor and can provide seamless communication across networks” to the one or more industrial devices “one or more modules”, see Fig. 2 [0039], last two sentences};
connection means (17) {“a safety loop”, see Figs. 1 and 2 [0043], 1st sentence} connected to said one or more operation connectors (26) {“Complex sequential control of safety loops can similarly be effected”, see Figs. 1 and 2, [0044], 1st sentence} and to said communication and safety means (13, 15) to allow the communication of the latter {“peer-to-peer communications can allow sensors to communicate directly with actuators or safety relays”, see Figs. 1 and 2 [0043], 2nd sentence} with said one or more industrial devices {“with seamless bridging and routing that can allow [one or more industrial device] safety relays on one segment of the control network to connect to [one or more industrial device] safety mats or light curtains on another”, see Figs. 1 and 2 [0043], 2nd sentence};
wherein at least one of said one or more operation connectors (26) is fixed {“network interface 22 can consist [fixed with]… sockets employed to provide an electrical connection”, [0049], 3rd sentence} to said protective case (11) in a removable manner {“one or more [removable] screw terminals… connection form the USB 10 to the control network 60”, [0049], 3rd sentence; USB devices known for their removable plug and play functionality, for example, “network interface 22 can be a plug-in receptacle that receives a DeviceNet safety network cable to interact with the USB 10” ([0049], 2nd sentence).
Jin and Sichner are analogous because they are from the same field of endeavor, industrial device protocols.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Jin and Sichner before him or her, to modify Jin’s “active black box 10” incorporating Sichner’s “Utilizing one or more industrial automation protocols to communicate” in conjunction with “network 34” as appropriate (see Fig. 2 [0040], 1st sentence).
The suggestion/motivation for doing so would have been to implement flexible machine control architecture to transfer safety and non-safety data (Sichner [0006]) including message redundancy and cross-checking, ensure that safety messages are reliably transmitted from one device and received at another in a predetermined time and with the integrity of the data content maintained or that the system goes to a predetermined safety state (Sichner [0005], last sentence).
Therefore, it would have been obvious to combine Sichner with Jin to obtain the invention as specified in the instant claim(s).
As per claim 3, the rejection of claim 1 is incorporated and Sichner discloses wherein said communication unit (13) is further connected to said connection means (17) to receive and/or transmit exclusively signals of a non-safe type {“expansion port 30 can be updated such that it can handle both safety and non-safety related data”, see Figs. 1 and 2 [0036], 1st sentence} from said at least one industrial device {“network messages can be identified by the USB 10 as either a safety message or a non-safety message” network devices including industrial devices, see Figs. 1 and 2 [0036], 2nd sentence}.
As per claim 4, the rejection of claim 1 is incorporated and Sichner discloses wherein at least one of said one or more operation connectors (26) is connected {“network interface 22 can consist [fixed with]… sockets employed to provide an electrical connection”, [0049], 3rd sentence} to said connection means (17) in a removable and reversible manner {“one or more [removable] screw terminals… connection form the USB 10 to the control network 60”, [0049], 3rd sentence; USB devices known for their removable plug and play functionality, for example, “network interface 22 can be a plug-in receptacle that receives a DeviceNet safety network cable to interact with the USB 10” ([0049], 2nd sentence).
Referring to claims 19 and 20 are system claim reciting claim functionality corresponding to the apparatus claim of claim 1, 3, and 4, respectively, thereby rejected under the same rationale as claim 1, 3, and 4 recited above.
Allowable Subject Matter
Claims 2, 5, and 6-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments filed on 07/21/2026 have been considered but deemed moot in view of the following explanation:
Applicant contends that Jin reference lacks any detail or technical information about black box 10’s hardware (Remarks page 9, 2nd paragraph) in conjunction with other details listed by bullet point the Jin reference allegedly lacks (Remarks page 8, after 3rd paragraph).
The Examiner will further elaborate the claim interpretation, and then draw parallels to cited references. Claim 1 recites an apparatus claim with a comprising preamble, which renders the claim open-ended allowing other undisclosed elements/function/steps provided those undisclosed features support/facilitate the currently claimed structure/steps. Claim 1 recites an apparatus with means to connect industrial devices to a data network to an industrial machine or plant, that apparatus including a protective case and communication and safety means housed by said case. These communication and safety means have both connectors and connection means where the contested one or more operation connectors is fixed to said protective case in a removable manner.
The last sentence and limitation of claim 1 “fixed to said protective case in a removable manner” is somewhat vague or possess multiple interpretations to one of ordinary skill in the art because the term “fixed” implies structural component may or may not be permanent to the protective case, for example, where a nail is fixed to a piece of lumber by one tool (power drill/hammer) but removable by the tongs of a hammer (or putty paste).
While the term “removable” is further recited through claims 6, 12, 13, and 14, the terms shift to “least partially removable” to the “access opening” or the associated “cover 22”, however neither one of these claims mentioned further elaborate how such “communication and safety means” is removable from the ”protective case” within the apparatus. It is worth also emphasizing similar lacking definition/issues to such operation connectors is “connected to said connection means (17) in a removable and reversible manner.” in the embodiment of claim 4 or “receive a respective electrical wire of said bundle (29) in a removable and reversible manner” (in claim 6).
Turning to the instant specification PGPUB on the term “removable” alone for the “communication and safety means”, one such terminology points to “communication between the safety unit 15 and the communication unit 13 is carried out via the ProfiSAFE® secure communication protocol” ([0036]), which includes CIP Safety secure protocol but does not include the “at least one operation connector 26” until [0042] and is on the other side of “protective case 11”.
In other words, while each element is fully labeled from the claims and illustrated by Figure 1, “the holes and operation connectors” best description/embodiment have two definitions “a smooth internal profile… have a threaded surface” or “Each hole may have an internal threaded edge suitable for coupling with an external thread made on the working connectors 26” (both cited in PGPUB [0046]). “The mutual coupling means” may infer joint, bayonet type, or one or more internal plates to stably but removably lock the operation connectors 26” however further elaboration to the measurable/thread pattern on each “operation connector 26”, or grip strength to the connectors found anywhere in the instant specification or such bayonet/joint configuration recited explicitly or implicitly in any claim. The term “reversible” is not defined alone, and typically appears in conjunction as “removable and reversible”, briefly mentioned as in tandem with “removable”: “that [a connection] can easily return to its initial state and conditions” with the two terms together “does not consist of a solder” ([0056], 1st and second sentences).
In summary, per the Examiner’s claim 1 interpretation is an apparatus with a protective case avoiding unauthorized tampering including “communication and safety means” which may or may not rely on “internal plates” with no discernible thickness or orientation in any one Figure or embodiment or at least satisfy the condition that the operation connectors “can easily return to its initial state and conditions” which “does not consist of a solder [pad]” depending on the embodiment.
Turning to the cited references, Jin “black box 10” maps to claim 1 “protective case” and “suitable for receiving/transmitting safe signals” as one of ordinary skill in the art would recognize that a black box or other protective case permits readings/measurements operational status/health/failure of system events “collects real-time image data from a CCTV connected to photograph an operation state of the factory facility” ([0035], 1st sentence) to an authorized personnel to avoid tampering (“to the central control server 20”or “set as a terminal of a manager or a terminal of a maintenance worker”, [0069], see Fig. 5k.) by such protocols as necessary/suitable “respectively connected through a wireless communication network” (see Fig. 2, [0034]).
Sichner’s “screw terminal” addresses the second interpretation of “easily return to its initial state and condition” as one of ordinary skill in the art that the bunch of wires inserted into the box do not require a solder to form a connection, using the box to merge a bunch of wires to form a connection by turning a fastener in the respective lane similar to how installing a ceiling fan wiring caps connect the hot wire of a fan to a junction box torquing a braided end to a copper cable. Sichner unscrewing, or rotating reversibly in the opposite (typically counter clock-wise direction) would release such wires without an iron bead or other equivalent soldering paste recognizable by one of ordinary skill in the art.
At another example, Sichner “screw terminal” part of a list of other examples part of “network interface 222 can consist of a plug, a receptacle, a screw terminal, etc. that can receive data from a network” ([0022], 2nd sentence) also referred as “be a plug-in receptacle that receives a DeviceNet safety network cable to interact with the USB 10 as a standalone safety block within a control architecture. The network interface 22 can consist of one or more screw terminals, sockets, etc.” ([0049], 2nd sentence) the type of reversible removable fasteners .
Applicant further contends the Sichner reference fails to disclose the USB 10 operation connectors fixed in a removable manner to the protective casing as such connectors means allow data exchange with the communication and safety means (Remarks page 10, 1st sentence).
In light of the claim interpretation above, Sichner [0049], last two sentences: “provide an electrical connection from the USB 10 to the [communication and safety means] control network 60”.
Applicant defines the term “screw terminal” while contesting Sichner disclosure how screw terminal physically mounts to the USB 10 (Remarks page 10, 3rd full paragraph)
In light of the claim interpretation above, Sichner [0049], last two sentences: “The network interface 22 can consist of one or more screw terminals, sockets, etc. employed to provide an electrical connection” has mounting for both screw terminals/sockets as part of “a plug-in receptacle… to interact with USB 10 as a standalone safety block” ([0049], 2nd sentence) in the context of a “non-safety I/O component can be a modular design wherein I/O terminals are [mounted onto] added to the control system as needed” (see Fig. 6, [0079], last two sentences).
In summary, Applicant reiterates that Sichner fails to disclose that the operation connector is fixed to the protective casing in a removable manner (Remarks page 8, after 3rd paragraph).
This rationale also already defined and rebutted in light of the claim interpretation section above.
For these reasons the current ground of rejection(s) is respectfully maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER A. BARTELS whose telephone number is (571)270-3182. The examiner can normally be reached on Monday-Friday 9:00a-5:30pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dr. Henry Tsai can be reached on 571-272-4176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C. B./
Examiner, Art Unit 2184
/HENRY TSAI/ Supervisory Patent Examiner, Art Unit 2184
