Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is responsive to the 8/20/2025. As per the claims filed 10/27/2023:
Claims 1-10 were amended.
Claims 11-20 were added.
Claims 1-20 are pending.
Claim(s) 1, 8 is/are independent claim(s).
Note Regarding Prior Art
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Note Regarding AIA Status
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.
Claim Objections
Claims 6-7, 15-20 are objected to because of the following informalities:
All claims recite a variation of “an arrangement with” or “the arrangement of”
Claims 6-7 should recite: “the valve control device according to claim 1, further comprising..”
Claims 15-20 should recite similar language as claims 6-7.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 9, 10, 15, 17, 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 reads: “an access device, wherein the access device comprises a second near-field communication interface and can be mechanically connected to the valve control device” it is unclear what encompasses a ”mechanical connection” since it is known in the art that NFC devices only require a touch or a very close proximity to initiate communication. For purposes of examination, the Examiner interprets “mechanical connection” as a touch.
Claims 15, 17 19 are rejected under the same rationale as claim 6 above.
Claim 9 reads: “establishing a mechanical connection between the valve control device and the access device”. it is unclear what encompasses a ”mechanical connection” since it is known in the art that NFC devices only require a touch or a very close proximity to initiate communication. For purposes of examination, the Examiner interprets “mechanical connection” as a touch.
Claim 10 is rejected under the same rationale as claim 9 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7, 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andrew R. Burrows (US PG Pub No. 2017/0218601; Published: 08/3/2017)(hereinafter: Burrows) in view of Michihiro Matsumoto et al.(US PG Pub No. 2012/0178367; Published: 07/12/2012)(hereinafter” Matsumoto).
Note: Burrows was cited in the IDS filed 10/27/2023.
Claim 1:
As per independent claim 1, Burrows discloses a valve control device, comprising:
a switching stage [[0103] The valve member serves to control flow through an orifice 53 connecting the upstream and downstream pipes 46 and 48. A passage 54 connects the upstream pipe 46 to the inlet opening 122 of the pilot valve 102 and to the PRV control chamber 52 via a conduit 58. [0104] A motor 62, for example a stepper or other suitable motor, is connected by a drive-belt 66 to a gearwheel 64. This gearwheel is attached to an adjuster 136 so as to cause rotation of the valve member 134 on activation of the motor 62 and adjust the flow cross section through apertures 130. The motor 62 is connected to an output of the control unit 8];
control electronics for controlling the switching stage [[0116] FIG. 6 shows a schematic diagram of the control unit 8. Externally, it has an antenna 20 for wireless communication, a manual user interface for engineers comprising buttons 39, and ports for connecting to various sensors. Internally, the control unit 8 has a central processing unit 21 and memory 23, which may include some non-volatile memory.] and
a bus interface for communicating with a system controller of a processing plant [[0119] Two wireless communication modules are provided: GPRS 34 for long-range communication to the central server 13, and Bluetooth 35 for local connections. Various wired connections are also possible, using the USB module 33, an I2C serial module 37 and an RS232 serial module 36. Four 20 mA wired connections 38 are provided.].
Burrows discloses long range communications to communicate with a central server as well as Bluetooth for local connections. Burrows failed to specifically disclose
wherein a near-field communication interface is provided in the valve control device, and the control electronics are configured to give priority to a control command coming in through the near-field communication interface for controlling the switching stage.
Matsumoto, in the same field of near field communication to control devices discloses this limitation in that [[0208] Moreover, the switch unit 1311 performs control according to an instruction from the controller 1205 in order to supply power and clock from the terminal unit 1301, when data recorded on the NFC memory 1315 is to be referred to or rewritten according to access from the controller 1205. The switch unit 1311 desirably performs the control to prioritize a first-come access. For example, even if an instruction for switching is received from the controller 1205 while the switch unit 1311 accesses the NFC memory via NFC, the switch unit 1311 does not perform the instructed switching but notifies the controller of that the NFC is being performed.] Thus NFC communication is prioritized and controller notified that the NFC instruction is being performed.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burrow’s valve control communication interface to include an NFC interface and to configure the control electronics to give priority to a control command coming in through the near-field communication interface for controlling the switching stage as disclosed by Matsumoto. The motivation for doing so would have been to take advantage of near field communication benefits such as secure access to local machinery, or enabling local automated adjustments to production processes based on real-time data.
Claim 2:
As per claim 2, which depends on claim 1, it is rejected under the same rationale as claim 1 above. Additionally, Burrows and Matsumoto disclose comprising: a selector that transmits control commands that come in through the near-field communication interface to the control electronics with priority over the bus interface. Matsumoto [[0208] Moreover, the switch unit 1311 performs control according to an instruction from the controller 1205 in order to supply power and clock from the terminal unit 1301, when data recorded on the NFC memory 1315 is to be referred to or rewritten according to access from the controller 1205. The switch unit 1311 desirably performs the control to prioritize a first-come access. For example, even if an instruction for switching is received from the controller 1205 while the switch unit 1311 accesses the NFC memory via NFC, the switch unit 1311 does not perform the instructed switching but notifies the controller of that the NFC is being performed].
Claim 3:
As per claim 3, which depends on claim 1, it is rejected under the same rationale as claim 1 above. Additionally, Burrows and Matsumoto disclose wherein the control electronics are configured to block control commands of the system controller, which can be sent through the bus interface, in accordance with a blocking command coming in through the near-field communication interface Matsumoto [[0208] The switch unit 1311 desirably performs the control to prioritize a first-come access. For example, even if an instruction for switching is received from the controller 1205 while the switch unit 1311 accesses the NFC memory via NFC, the switch unit 1311 does not perform the instructed switching but notifies the controller of that the NFC is being performed [0235] As shown in FIG. 17B, at S1513, likewise S1502, the switch unit 1311 of the NFC unit 1207 sets the mode for prioritizing access from the terminal unit 1301. At S1514, it is determined whether or not the mode for prioritizing access from the terminal unit 1301 has been set. If it is determined that the mode has been set (yes at S1514), then the main power-supply state information in the NFC memory 1315 is rewritten to "power blocked state"].
Claim 4:
As per claim 4, which depends on claim 1, Burrows and Matsumoto disclose wherein the switching stage comprises a pilot valve. Burrows [[0031] In systems in accordance with various aspects of the invention, in preferred arrangements the control output of the controller is connected to a pilot valve for the pressure reducing valve].
Claim 5:
As per claim 5, which depends on claim 1, Burrows and Matsumoto disclose comprising: a manual control element that can control the pilot valve to correspond with the control electronics. Burrows [0125] Especially in an initial setup phase, an engineer could manually determine the parameters based on DMA size, historical flow rates, distance and height difference to critical point, and use, for example, a PC or SMS interface to load these onto the control unit 8 …[0126] Manual parameter setting may be adjustable by, for example: direct user interface by LCD display menu on the controller; a received mobile text (SMS) message sent from a central control unit; commands sent over a mobile data service such as GPRS; or a PC interface through wired serial (RS232), infrared serial (IrDA) interface or optional short range wireless interface with a user friendly Graphical User Interface (GUI).]
Claim 6:
As per claim 6, which depends on claim 1, it is rejected under the same rationale as claim 1, additionally, Burrows and Matsumoto disclose an arrangement with a valve control device according to claim 1 and an access device, wherein the access device comprises a second near-field communication interface and can be mechanically connected to the valve control device. Matsumoto [[0060] In the system 1 having the above-described configuration, the reader/writer 20 receives information such as a type or model of the NFC device 10 by using NFC, thereby obtains corresponding information such as a manual of the NFC device 10 from the server 30, and then displays the obtained information. As described above, it is possible to provide a user with information regarding the NFC device 10, via the reader/writer 20. See figure 14, shows mobile device as a reader/writer [0057] Likewise a mobile phone, the reader/writer 20 has an NFC function and a function of connecting the reader/writer 20 to the Internet 40. [0094] First, the reader/writer 20 displays, on a screen, a notice to persuade a user to touch the NFC device 100 by the reader/writer 20, such as "Please touch the device." (S301).] NFC device having reader/writer functionality not limited to a single device. Mobile phone can be connected mechanically to control device via touch.
Claim 7:
As per claim 7, which depends on claim 6, Burrows and Matsumoto disclose wherein the access device has a far-field communication interface. Burrows [[0160] communications between components used in embodiments of the invention can be via wired connections such as a serial (RS232), Universal Serial Bus (USB), Firewire™, LAN or WAN, optical fibre connections and so forth].
Claim 11:
As per claim 11, which depends on claim 2, Burrows and Matsumoto disclose wherein the switching stage comprises a pilot valve. Burrows [[0031] In systems in accordance with various aspects of the invention, in preferred arrangements the control output of the controller is connected to a pilot valve for the pressure reducing valve].
Claim 12:
As per claim 12, which depends on claim 11, Burrows and Matsumoto disclose comprising: a manual control element that can control the pilot valve to correspond with the control electronics Burrows [0125] Especially in an initial setup phase, an engineer could manually determine the parameters based on DMA size, historical flow rates, distance and height difference to critical point, and use, for example, a PC or SMS interface to load these onto the control unit 8 …[0126] Manual parameter setting may be adjustable by, for example: direct user interface by LCD display menu on the controller; a received mobile text (SMS) message sent from a central control unit; commands sent over a mobile data service such as GPRS; or a PC interface through wired serial (RS232), infrared serial (IrDA) interface or optional short range wireless interface with a user friendly Graphical User Interface (GUI).]
Claim 13:
As per claim 13, which depends on claim 3, Burrows and Matsumoto disclose wherein the switching stage comprises a pilot valve. Burrows [[0031] In systems in accordance with various aspects of the invention, in preferred arrangements the control output of the controller is connected to a pilot valve for the pressure reducing valve].
Claim 14:
As per claim 14, which depends on claim 13, Burrows and Matsumoto disclose comprising: a manual control element that can control the pilot valve to correspond with the control electronics. Burrows [0125] Especially in an initial setup phase, an engineer could manually determine the parameters based on DMA size, historical flow rates, distance and height difference to critical point, and use, for example, a PC or SMS interface to load these onto the control unit 8 …[0126] Manual parameter setting may be adjustable by, for example: direct user interface by LCD display menu on the controller; a received mobile text (SMS) message sent from a central control unit; commands sent over a mobile data service such as GPRS; or a PC interface through wired serial (RS232), infrared serial (IrDA) interface or optional short range wireless interface with a user friendly Graphical User Interface (GUI).]
Claim 15:
As per claim 15, which depends on claim 2, it is rejected under the same rationale as claim 1, additionally, Burrows and Matsumoto disclose an arrangement with a valve control device according to claim 2 and an access device, wherein the access device comprises a second near-field communication interface and can be mechanically connected to the valve control device. Matsumoto [[0060] In the system 1 having the above-described configuration, the reader/writer 20 receives information such as a type or model of the NFC device 10 by using NFC, thereby obtains corresponding information such as a manual of the NFC device 10 from the server 30, and then displays the obtained information. As described above, it is possible to provide a user with information regarding the NFC device 10, via the reader/writer 20. See figure 14, shows mobile device as a reader/writer [0057] Likewise a mobile phone, the reader/writer 20 has an NFC function and a function of connecting the reader/writer 20 to the Internet 40 [0094] First, the reader/writer 20 displays, on a screen, a notice to persuade a user to touch the NFC device 100 by the reader/writer 20, such as "Please touch the device." (S301).] NFC device having reader/writer functionality not limited to a single device. Mobile phone can be connected mechanically to control device via touch.
Claim 16:
As per claim 16, which depends on claim 15, Burrows and Matsumoto disclose wherein the access device has a far-field communication interface. Burrows [[0160] communications between components used in embodiments of the invention can be via wired connections such as a serial (RS232), Universal Serial Bus (USB), Firewire™, LAN or WAN, optical fibre connections and so forth].
Claim 17:
As per claim 17, which depends on claim 3, it is rejected under the same rationale as claim 1, additionally, Burrows and Matsumoto disclose an arrangement with a valve control device according to claim 3 and an access device, wherein the access device comprises a second near-field communication interface and can be mechanically connected to the valve control device. Matsumoto [[0060] In the system 1 having the above-described configuration, the reader/writer 20 receives information such as a type or model of the NFC device 10 by using NFC, thereby obtains corresponding information such as a manual of the NFC device 10 from the server 30, and then displays the obtained information. As described above, it is possible to provide a user with information regarding the NFC device 10, via the reader/writer 20. See figure 14, shows mobile device as a reader/writer [0057] Likewise a mobile phone, the reader/writer 20 has an NFC function and a function of connecting the reader/writer 20 to the Internet 40. [0094] First, the reader/writer 20 displays, on a screen, a notice to persuade a user to touch the NFC device 100 by the reader/writer 20, such as "Please touch the device." (S301).] NFC device having reader/writer functionality not limited to a single device. Mobile phone can be connected mechanically to control device via touch.
Claim 18:
As per claim 18, the arrangement according to claim 17, wherein the access device has a far-field communication interface. Burrows [[0160] communications between components used in embodiments of the invention can be via wired connections such as a serial (RS232), Universal Serial Bus (USB), Firewire™, LAN or WAN, optical fibre connections and so forth].
Claim 19:
As per claim 19, which depends on claim 4, it is rejected under the same rationale as claim 1, additionally, Burrows and Matsumoto disclose an arrangement with a valve control device according to claim 4 and an access device, wherein the access device comprises a second near-field communication interface and can be mechanically connected to the valve control device. Matsumoto [[0060] In the system 1 having the above-described configuration, the reader/writer 20 receives information such as a type or model of the NFC device 10 by using NFC, thereby obtains corresponding information such as a manual of the NFC device 10 from the server 30, and then displays the obtained information. As described above, it is possible to provide a user with information regarding the NFC device 10, via the reader/writer 20. See figure 14, shows mobile device as a reader/writer [0057] Likewise a mobile phone, the reader/writer 20 has an NFC function and a function of connecting the reader/writer 20 to the Internet 40. [0094] First, the reader/writer 20 displays, on a screen, a notice to persuade a user to touch the NFC device 100 by the reader/writer 20, such as "Please touch the device." (S301).] NFC device having reader/writer functionality not limited to a single device. Mobile phone can be connected mechanically to control device via touch.
Claim 20:
As per claim 20, the arrangement according to claim 19, wherein the access device has a far-field communication interface. Burrows [[0160] communications between components used in embodiments of the invention can be via wired connections such as a serial (RS232), Universal Serial Bus (USB), Firewire™, LAN or WAN, optical fibre connections and so forth].
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christophe Ellec et al. (US PG Pub No. 2016/0018829; Published: 01/21/2016)(hereinafter: Ellec) in view of Matsumoto.
Note: Ellec was cited in the IDS filed 10/27/2023.
Claim 8:
As per independent claim 8 Ellec discloses a method for operating an arrangement with a valve control device [[0021] control valve] comprising a first near-field communication interface and a bus interface [For example, in one embodiment, a mass flow controller is modified to include a Near Field Communication (NFC) circuit component 200 such as, but not limited to, the example printed circuit board (PCB) depicted in FIG. 2 [0031] Still, in another embodiment, the disclosed inventions include an MFC that includes one or more Universal Serial Bus (USB) connections 182 that will enable the use of off-the-shelf cables and hubs for manufacturing processes. In one embodiment, the USB connection 182 is positioned at the top of the mass flow controller.], and an access device with a second near-field communication interface [[0028] The disclosed mass flow controller may then communicate with any device having an RFID reader. For example, most modern phones now provide a NFC power source. Also, any RFID wand reader and mouse pad type RFID reader could also be used.] the method comprising:
establishing a near-field connection between the first near-field communication interface and the second near-field communication interface [[0029] Afterwards, the algorithm 300 writes the new value(s) to nonvolatile memory while being powered by the NFC source (step 308). To simply check on the settings, a NFC host device could simply be positioned next to the MFC and the display would light up and show the current MacID. In certain embodiments, the MacID may be displayed on the host device. [0030] In a second embodiment, the host NFC device could also run an application or software that communicates over the NFC protocol to send new baud rate and MacID configuration settings to the mass flow controller. In this embodiment, physically touching the MFC is not necessary. Security can be handled through encryption. In one embodiment, software running on the RFID reader (or an “app” on a smart phone) may be used to set certain parameters inside the MFC including, but not limited to, the MacID]
sending a control command over the near-field connection [[0030] the host NFC device could also run an application or software that communicates over the NFC protocol to send new baud rate and MacID configuration settings to the mass flow controller.]and
Ellec discloses NFC communictations between a first device and a second NFC interface device, however, Ellec failed to specifically disclose prioritizing the control command over a command received by the valve control device through the bus interface.
Matsumoto, in the same field of near field communication to control devices discloses this limitation in that [[0208] Moreover, the switch unit 1311 performs control according to an instruction from the controller 1205 in order to supply power and clock from the terminal unit 1301, when data recorded on the NFC memory 1315 is to be referred to or rewritten according to access from the controller 1205. The switch unit 1311 desirably performs the control to prioritize a first-come access. For example, even if an instruction for switching is received from the controller 1205 while the switch unit 1311 accesses the NFC memory via NFC, the switch unit 1311 does not perform the instructed switching but notifies the controller of that the NFC is being performed.] Thus NFC communication is prioritized and controller notified that the NFC instruction is being performed.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ellec’s valve control communication interface prioritize the control command over a command received by the valve control device through the bus interface as disclosed by Matsumoto. The motivation for doing so would have been to take advantage of near field communication benefits such as secure access to local machinery, or enabling local automated adjustments to production processes based on real-time data.
Claim 9:
As per claim 9, which depends on claim 8, it is rejected under the same rationale as claim 8 above. Additionally, Ellec and Matusmoto disclose comprising:
establishing a mechanical connection between the valve control device and the access device. Matsumoto [[0060] In the system 1 having the above-described configuration, the reader/writer 20 receives information such as a type or model of the NFC device 10 by using NFC, thereby obtains corresponding information such as a manual of the NFC device 10 from the server 30, and then displays the obtained information. As described above, it is possible to provide a user with information regarding the NFC device 10, via the reader/writer 20. See figure 14, shows mobile device as a reader/writer [0057] Likewise a mobile phone, the reader/writer 20 has an NFC function and a function of connecting the reader/writer 20 to the Internet 40. [0094] First, the reader/writer 20 displays, on a screen, a notice to persuade a user to touch the NFC device 100 by the reader/writer 20, such as "Please touch the device." (S301).] NFC device having reader/writer functionality not limited to a single device. Mobile phone can be connected mechanically to control device via touch.
Claim 10:
As per claim 10, which depends on claim 9, it is rejected under the same rationale as claim 9 above. Additionally, Ellec and Matusmoto disclose establishing a near-field connection between the first near-field communication interface and the second near-field communication interface when the mechanical connection exists. Matsumoto [[0060] In the system 1 having the above-described configuration, the reader/writer 20 receives information such as a type or model of the NFC device 10 by using NFC, thereby obtains corresponding information such as a manual of the NFC device 10 from the server 30, and then displays the obtained information. As described above, it is possible to provide a user with information regarding the NFC device 10, via the reader/writer 20. See figure 14, shows mobile device as a reader/writer [0057] Likewise a mobile phone, the reader/writer 20 has an NFC function and a function of connecting the reader/writer 20 to the Internet 40. [0094] First, the reader/writer 20 displays, on a screen, a notice to persuade a user to touch the NFC device 100 by the reader/writer 20, such as "Please touch the device." (S301).] NFC device having reader/writer functionality not limited to a single device. Mobile phone can be connected mechanically to control device via touch.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD CORTES whose telephone number is (571)270-1383. The examiner can normally be reached on M-F, 8:00 am - 5:00 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott T Baderman can be reached on (571)272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOWARD CORTES/ Primary Examiner, Art Unit 2118