DETAILED ACTION
Claims 1-11 have been examined.
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 1-10 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.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0012390 A1 to Engelstein et al. (hereinafter “Engelstein”).
As per claim 1, Engelstein discloses a server (Engelstein [0007] discloses a server) comprising: a control unit (Engelstein [0014]), wherein the control unit is configured to communicate with a terminal that collects information from a device (Engelstein Figs. 6, 7, and [0115,0130-0132]), and detect an abnormality of the terminal based on a state of transmission of data from the terminal (Engelstein [0305] In any of the examples above, each of the data stored in library 1102 and inputted to module 1104 may be used by module 1104 to make predictions and/or recommendations as to faults, energy usage, device failure, etc. and then by action module 1106 to send communications indicating the predictions and/or send control signals to a client or IED to cause a desired change (e.g., a shutoff of a component or IED, a restart, etc.) based on the predictions. See also [0214,0325]); and transmit an instruction to restart to the terminal (Engelstein [0305] In any of the examples above, each of the data stored in library 1102 and inputted to module 1104 may be used by module 1104 to make predictions and/or recommendations as to faults, energy usage, device failure, etc. and then by action module 1106 to send communications indicating the predictions and/or send control signals to a client or IED to cause a desired change (e.g., a shutoff of a component or IED, a restart, etc.) based on the predictions. See also [0214,0325]).
As per claim 2, Engelstein discloses the server according to claim 1, wherein the control unit reports the abnormality of the terminal to a user terminal (Engelstein [0069,0081]).
As per claim 3, Engelstein discloses the server according to claim 2, wherein the control unit transmits the instruction to restart to the terminal, in response to an instruction from the user terminal (Engelstein [0086,0252,0293,0305,0317,0325]).
As per claim 4, Engelstein discloses the server according to claim 1, wherein the control unit determines whether the terminal needs to be restarted (Engelstein [0293,0305,0325]), and transmits the instruction to restart to the terminal, in response to determining that the terminal needs to be restarted (Engelstein [0293,0305,0325]).
As per claim 5, Engelstein discloses the server according to claim 1, wherein the state of the transmission of the data from the terminal is that no data is transmitted from the terminal to the server (Engelstein [0142]).
As per claim 6, Engelstein discloses the server according to claim 1, wherein the state of the transmission of the data from the terminal is that there is an abnormality in the data transmitted from the terminal to the server (Engelstein [0305] In any of the examples above, each of the data stored in library 1102 and inputted to module 1104 may be used by module 1104 to make predictions and/or recommendations as to faults, energy usage, device failure, etc. and then by action module 1106 to send communications indicating the predictions and/or send control signals to a client or IED to cause a desired change (e.g., a shutoff of a component or IED, a restart, etc.) based on the predictions. See also [0214,0325]).
As per claim 7, Engelstein discloses the server according to claim 6, wherein the abnormality in the data includes at least one of partial data loss, total data loss, not being most recent data (Engelstein [0142]), and data inconsistency (Engelstein [0142]).
As per claim 8, Engelstein discloses the server according to claim 2, wherein the control unit reports the abnormality of the terminal to the user terminal, when the abnormality of the terminal is detected multiple times (Engelstein [0325-0327]).
As per claim 9, Engelstein discloses the server according to claim 1, wherein the control unit determines whether the terminal is normal after the terminal restarts (Engelstein [0293,0325]).
As per claim 10, Engelstein discloses a system (Engelstein Fig. 6) comprising: a server (Engelstein Fig. 6); and a terminal connected to the server and configured to collect information from a device (Engelstein Figs. 6, 7, and [0115,0130-0132]), wherein the server includes a control unit (Engelstein [0014]) configured to detect an abnormality of the terminal based on a state of transmission of data from the terminal (Engelstein [0305] In any of the examples above, each of the data stored in library 1102 and inputted to module 1104 may be used by module 1104 to make predictions and/or recommendations as to faults, energy usage, device failure, etc. and then by action module 1106 to send communications indicating the predictions and/or send control signals to a client or IED to cause a desired change (e.g., a shutoff of a component or IED, a restart, etc.) based on the predictions. See also [0214,0325]); and transmit an instruction to restart to the terminal (Engelstein [0305] In any of the examples above, each of the data stored in library 1102 and inputted to module 1104 may be used by module 1104 to make predictions and/or recommendations as to faults, energy usage, device failure, etc. and then by action module 1106 to send communications indicating the predictions and/or send control signals to a client or IED to cause a desired change (e.g., a shutoff of a component or IED, a restart, etc.) based on the predictions. See also [0214,0325]).
As per claim 11, Engelstein discloses a method executed by a control unit of a server (Engelstein [0007,0014]), the method comprising: a step of detecting an abnormality of a terminal that collects information from a device (Engelstein Figs. 6, 7, and [0115,0130-0132]), based on a state of transmission of data from the terminal (Engelstein [0305] In any of the examples above, each of the data stored in library 1102 and inputted to module 1104 may be used by module 1104 to make predictions and/or recommendations as to faults, energy usage, device failure, etc. and then by action module 1106 to send communications indicating the predictions and/or send control signals to a client or IED to cause a desired change (e.g., a shutoff of a component or IED, a restart, etc.) based on the predictions. See also [0214,0325]); and a step of transmitting an instruction to restart to the terminal (Engelstein [0305] In any of the examples above, each of the data stored in library 1102 and inputted to module 1104 may be used by module 1104 to make predictions and/or recommendations as to faults, energy usage, device failure, etc. and then by action module 1106 to send communications indicating the predictions and/or send control signals to a client or IED to cause a desired change (e.g., a shutoff of a component or IED, a restart, etc.) based on the predictions. See also [0214,0325]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAIYAZKHAN GHAFOERKHAN whose telephone number is (571)270-7161. The examiner can normally be reached Flex.
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FAIYAZKHAN GHAFOERKHAN
Primary Examiner
Art Unit 2476
/FAIYAZKHAN GHAFOERKHAN/ Primary Examiner, Art Unit 2476