DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1 recites the generic placeholders, “screen creation device”, “available function storage unit”, and “editing unit” followed by functional limitation without reciting any structure to perform the functional limitation. Examiner looked into [0012] and [0042] of the specification to find support for generic placeholder structure. Specifically [0012] recites the screen creation device is installed in a personal computer having a processor and all the above units are part of the screen creating device meaning the units reside on the personal computer having one/more processor.
Claim 2, claim 4 and claim 5 recite the generic placeholders, “display state setting unit” and “editing unit” followed by functional limitation without reciting any structure to perform the functional limitation. Examiner looked into [0012] and [0042] of the specification to find support for generic placeholder structure. Specifically [0012] recites the screen creation device is installed in a personal computer having a processor and all the above units are part of the screen creating device meaning the units reside on the personal computer having one/more processor. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. As per claim 6, the claim limitation recites “A storage medium”. However, the usage of the phrase “a storage medium” is broad enough to include both “non-transitory” and “transitory” media. The specification further explicitly does not limit the utilization of a non-transitory computer-readable medium (See specification, [0045] where “nonvolatile memory ” is discussed, however, storage medium is not defined). When the specification is silent, the BRI of a CRM and a computer readable storage media (CRSM) in view of the state of the art covers a signal per se. See Ex parte Mewherter, 2012-007962 (PTAB, 2013). Therefore, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter).
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.
Claim 3 is 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 recites the limitation “…the display state includes information of at least one of display or non-display of the composite part, selection or non-selection of the composite part…”.. It is unclear what does display or non-display information of the composite part means. Does it mean options of composite part than can be displayed to the user or whether the composite part should be displayed or not displayed based on certain conditions. Also selection or non-selection of the composite part is not clear. Does it mean to display which composite parts are selected or whether to select or not select a composite part. The limitations have no definition making the metes and bounds of the claim undefined making the claim indefinite.
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.
Claims 1,2,4,6 and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stump et al. (US 20220299982 A1). The words used on the reference to teach the concept are not exactly same as the words used to teach the claimed limitations. That is why the reference anticipates the claims instead of clearly anticipating the claims.
For claim 1 Stump et al. anticipates, a screen creation device (client device, [0057]) for supporting creation of a user interface screen of a numerical controller (visualization screens for HMIs developed by HMI development platform residing in a client device. The HMI is in communication with one or more industrial controllers (numerical controller) providing means for operator to issue commands via the HMI, [0036], [0039] and [0057]), the screen creation device comprising:
a part library configured to store a part arranged on the user interface screen and a composite part obtained by combining a plurality of parts (“Automation objects 222 can be created and augmented during design, integrated into larger data models, and consumed during runtime. These automation objects 222 provide a common data structure across the IDE system 202 and can be stored in an object library1 (e.g., part of memory 220) for reuse. The object library can store predefined automation objects 222 representing various classifications of real-world
industrial assets 402, including but not limited to pumps, tanks, values, motors, motor drives (e.g., variable frequency drives), industrial robots, actuators (e.g., pneumatic or hydraulic actuators), or other such assets. Automation objects 222 can represent elements at substantially any level of an industrial enterprise, including individual devices, machines made up of many industrial devices and components 2(some of which may be associated with their own automation objects 222), and entire production lines or process control systems…”, [0055], [0044], [0056] and [0090]);
an available function storage unit (IDE system residing on the client device, [0076]) configured to store an available execution function name for an operation of the composite part (each automaton object for each asset (name for an operation of the composite part) has default properties that are automatically provided in addition to other editable options to the automation objects when selected for use in designing the HMI screen either designed by the user or designed by the system itself based on drawings read by the system, [0076],[0059], [0065] and [0090]); and
an editing unit (client device having IDE system consisting of HMI screen development input in a HMI development platform, [0126],[0039] and [0052]) configured to read an available execution function name for an operation of the composite part (“…For example, project generation component 206 may infer, based on analysis of design input 512, that the programmer is currently developing control code for transferring material from a first tank to another tank, and in response, recommend inclusion of a predefined code module 508 comprising standardized or frequently utilized code for controlling the valves, pumps, or other assets necessary to achieve the material transfer. Similarly, the project generation component 206 may recommend inclusion of an automation object 222 representing one of the tanks, or one of the other industrial assets involved in transferring the material (e.g., a valve, a pump, etc3.), where the recommended automation object 222 includes associated control code for controlling its associated asset as well as a visualization object that can be used to visualize the asset on an HMI application or another visualization application...”, [0068],[0039], [0063]), present the execution function name to a user (the system present names of the automation objects such as pumps and valves and also provides the options for control inputs associated with the automation objects to the user. The user defines the control limits for the presented control inputs of each of the automation object, [0068],[0075] and [0088]), and receive setting of the presented execution function to the part with reference to the available function storage unit (“…Other properties can be modified or added by the developer as needed (via design input 512) to customize the automation object 222 for the particular asset4 and/or industrial application for which the system projects 302 is being developed. This can include, for example, associating customized control code, HMI screens, AR presentations, or help files associated with selected automation objects 222…”, [0076], [0075], [0088]).
Regarding claim 2 Stump et al. anticipates, the screen creation device according to claim 1, further comprising a display state setting unit (user interface used by the user to inputs settings, [0048] and [0057]) configured to receive setting of a display state of the composite part (developer or user submitting various commands and settings for the automation object/s via user interface, [0048], [0057], [0075] and [0076]), wherein:
the available function storage unit stores an available execution function name for the composite part for each display state of the composite part (for the selected automation object, the system provides the user with default properties and other editable properties to be edited by the user. All the options for the automation objects are known by the system that is name for each display state of the composite part, [0075],[0076] and [0068]); and
the editing unit (client device having IDE system consisting of HMI screen development input in a HMI development platform, [0126], [0039] and [0052]) presents the available execution function name for the composite part to the user (the system present names of the automation objects such as pumps and valves and also provides the options for control inputs associated with the automation objects to the user. The user defines the control limits for the presented control inputs of each of the automation object, [0068],[0075] and [0088]), and receives setting of the presented execution function to the part in the set display state with reference to the available function storage unit (“…Other properties can be modified or added by the developer as needed (via design input 512) to customize the automation object 222 for the particular asset5 and/or industrial application for which the system projects 302 is being developed. This can include, for example, associating customized control code, HMI screens, AR presentations, or help files associated with selected automation objects 222…”, [0076], [0075], [0088] and [0090]).
For claim 4 Stump et al. anticipates, the screen creation device according to claim 1, further comprising a display state setting unit (user interface used by the user to inputs settings, [0048] and [0057]) configured to receive setting of a display state of the composite part (developer or user submitting various commands and settings for the automation object/s via user interface, [0048], [0057], [0075] and [0076]), wherein:
the available function storage unit stores a required execution function name for the composite part for each display state of the composite part (for the selected automation object (composite part), the system provides the user with default properties and other editable properties to be edited by the user. All the options for the automation objects are known by the system that is name for each display state of the composite part is known by the system, [0075],[0076] and [0068]); and
the editing unit automatically sets a required execution function for an operation of the composite part to the part in the set display state with reference to the available function storage unit (“…For example, project generation component 206 may infer, based on analysis of design input 512, that the programmer is currently developing control code for transferring material from a first tank to another tank, and in response, recommend inclusion of a predefined code module 508 comprising standardized or frequently utilized code for controlling the valves, pumps, or other assets necessary to achieve the material transfer. Similarly, the project generation component 206 may recommend inclusion of an automation object 222 representing one of the tanks, or one of the other industrial assets involved in transferring the material (e.g., a valve, a pump, etc6.), where the recommended automation object 222 includes associated control code for controlling its associated asset as well as a visualization object that can be used to visualize the asset on an HMI application or another visualization application...”, [0068],[0039] and [0063], see also [0075]-[0076]).
For claim 6, Stump et al. anticipates the recited screen creation device. Therefore Stump et al. anticipates the instructions implementing the functional limitations of the screen creation device as discussed above in claim 1. Claim 6 has an additional limitation which is anticipated by Stump et al. Stump et al. teaches, a storage medium storing a computer-readable instruction (non-transitory storage device having memory to store instructions, [0140]).
For claim 7, Stump et al. anticipates the recited screen creation device. Therefore Stump et al. anticipates the screen creation system implementing the functional limitations of the screen creation device as discussed above in claim 1.
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) 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Stump et al. (US 20220299982 A1) in view of Strident et al. (US 20190102072 A1).
Regarding claim 3 Stump et al. teach the screen creating device according to claim 2. In addition Stump et al. teaches, selection or non-selection of the composite part (selection of automation objects based design inputs, [0059], [0061] and [0068], see also [0071] reciting whether existing objects can be repurposed or not based on the control system controller.).
Stump et al. does not teach the details of the display state includes information of at least one of display or non-display of the composite part, and a mode of the numerical controller.
Striden et al. teaches, wherein the display state includes information of at least one of display or non-display of the composite part (to the operators, the graphical display application with the automation objects7 only shows the sections (visualization) which are monitored and controlled by the operator, all the other sections are restricted (display or non-display of the composite parts) whereas the engineer can see all the sections and hierarchies related to the system on the graphical display application of the controller, [0007] and [0099]), and a mode of the numerical controller (during the editing mode (configure mode displayed in graphical display) of the configuration environment of the controller, the canvas of the graphical display is edited, [0100] and [0117]).
Stump et al. and Strinden et al. are analogous art because they are from field of endeavor that is programmable industrial controllers having HMI screens for user interaction.
Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the screen creation device having composite part arranged on user interface and controlled by controller as taught by Stump et al. by applying the known technique of displaying only portions of the composite parts based on certain criteria and also display mode of the controller during editing as taught by Striden et al. as an improvement to the user interface screen of the numerical controller to yield predictable results of editing the screen based on controller mode and assigned user/operator hierarchies associated with the screen creation such that the operator can run the associated process efficiently by only looking at screens monitored by the operator as taught by Strinden et al. in [0012].
Strinden et al. teach:
[0099] The graphical display configuration application UI 302 also includes an administration section316 (which may, for example, relate to the administration of the operations application/environment304) for assigning hierarchies, layouts, and/or themes to a particular operator workstation or set of operator workstations8. In this manner, operator workstations for operators who monitor one section of the process plant may present hierarchies related to that section and may be restricted from accessing hierarchies related to other sections of the process plant. In some embodiments, a configuration engineer may assign all hierarchies and layouts to each operator workstation via the administration section 3169 and the operators may select the layout and hierarchy to present on their respective operator workstations.
[0100] FIG. 3B illustrates a home tab 350 of the graphical display configuration application 110 for generating display views that are to be executed on an operator workstation. The home tab 350includes a new display button 352 for creating a display view, a new layout button 354 for creating a layout, and a new display hierarchy button 356 for creating a hierarchy of display views. The home tab350 also includes a configuration canvas 366 for configuring display view elements within a display view. The display view elements may be viewed in a configure mode upon selection of a configure button (not shown) and/or a preview mode upon selection of a preview button 364. In an alternate embodiment, the draft or working configuration of the display view elements may be presented (e.g.,by default, or continuously presented) on the canvas provided by the configuration application 110,and only a preview button 364 may be displayed (e.g., as is illustrated by FIG. 3B), an activation of which causes a preview of the display view to be displayed in another area or window of the user interface provided by the configuration application 110. The preview mode or the separate display of the preview presents a preview of the display view as it would appear during runtime, so that a configuration engineer may see how the display view and display view elements will look to the operator. For example, the display view elements may be presented with themes, colors, etc. selected in the configuration mode. The configuration engineer may toggle graphical user controls, such as navigation bars, tab bars, etc. on the display view in the preview mode to see how the display view changes in response to user interactions.
Regarding claim 5 Stump et al. teach the screen creation device according to claim 1. Stump et al. further teaches, comprising a display state setting unit configured to receive setting of a display state of the composite part (“…Other properties can be modified or added by the developer as needed (via design input 512) to customize the automation object 222 for the particular asset10 and/or industrial application for which the system projects 302 is being developed. This can include, for example, associating customized control code, HMI screens, AR presentations, or help files associated with selected automation objects 222…”, [0076], [0075], [0088] and [0090]).
Stump et al. does not teach the details of wherein the editing unit automatically sets a required execution function for an operation of the composite part to the part based on a screen configuration of the user interface screen and the display state.
Strinden et al. teaches, wherein the editing unit automatically sets a required execution function for an operation of the composite part to the part based on a screen configuration of the user interface screen and the display state (if the graphical screen is in configure mode, the configuration options for the automation objects (display view elements) are shown to the user but if the graphical screen is in preview mode, the automation blocks (display view elements/graphical objects, [0075]) are shown in a format that will be viewed in real time by the operators for monitoring and controlling. That is based on what mode the user screen is viewed such as configure mode or preview mode, the screen automatically adjusts its displayed options and graphics, [0100] and [0075]).
Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the screen creation device having composite part arranged on user interface and controlled by controller as taught by Stump et al. by applying the known technique of automatically setting required execution function (such configuration options or preview options) based on user interface screen mode (display state) as taught by Strinden et al. as an improvement to the user interface screen of the numerical controller to yield predictable results of properly editing the user screen based on what mode the user is viewing the user interface providing flexible, easy to use configuration environment as taught by Strinden et al. in [0086].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Paxson et al. (US 20070005317 A1) teach a system for developing user interface screens by assisting the user for chemical and biological systems.
Gould et al. (US10275265 B1) teaches a system for designing graphical user interface using web browser where default design features are updated based on user inputs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANZUMAN SHARMIN whose telephone number is (571)272-7365. The examiner can normally be reached M and Th 7:00am - 3:00pm and Tue 8:00am-12:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KAMINI SHAH can be reached at (571)272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANZUMAN SHARMIN/Examiner, Art Unit 2115
/KAMINI S SHAH/Supervisory Patent Examiner, Art Unit 2115
1 Part library storing part and composite parts to be used on the user/HMI screen.
2 Part and composite part made of plurality of parts.
3 Based on the development, the system itself presents names of the automation objects to be used by the programmer for HMI screen development in addition to control programming.
4 User setting control limits and other data for each automation object to be used in the HMI development.
5 User setting control limits and other data for each automation object to be used in the HMI development.
6 Based on the development, the system itself presents names of the automation objects to be used by the programmer for HMI screen development in addition to control programming as taught in [0075] and [0076].
7 See [0075] defining tank graphic and tank object.
8 Display or non-display of the composite part for each operator based on assigned hierarchies.
9 Configuration engineer can see all the hierarchies and the graphic objects of the system.
10 User setting control limits and other data for each automation object to be used in the HMI development.