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 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 11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is potentially directed to non-statutory subject matter. The claim is system claims that does not define any structure. Under broadest reasonable interpretation, the claim can include non-tangible or transitory subject matter such as a computer program. Additionally, the communication unit recited in the claim, can be interpreted as inclusive of software only; which by itself is not statutory. In the US PG PUB (2024/0340930 A1) of the present application, the configuration unit is described as an apparatus for “Configuring comprises, for example, an adaptation of programs and/or hardware components of the system and/or the network”. Thus, the unit opens itself up to be interpreted as software only.
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is potentially directed to non-statutory subject matter. The claim is an apparatus claim that does not define any structure. Under broadest reasonable interpretation, the claim can include non-tangible or transitory subject matter such as a computer program.
Claim 14 is rejected under 35 U.S.C. 101 because the claim is directed to a non-statutory subject matter. A computer program that is not embedded in non-transitory computer readable media is not statutory.
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 11 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 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Claim 11 is a system claim that lacks any recitation of any structural elements.
Claim 13 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 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Claim 13 is an apparatus claim that lacks any recitation of any structural elements.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barea (US Publication 2019/0003089 A1).
In regards to claims 1, 11 and 13-15 Barea (US Publication 2019/0003089 A1) teaches a method (100) for automated transmission of a network configuration for one or more textile machines (see figure 1 textile machines 100, 100a, 100b) in a network (see figure 1 and the network between the aforementioned textile machines), wherein data are transmitted between a configuration unit (see the portable electronic device 50 in figure 1) and the one or more textile machines via a communication network to the network (see paragraph 34; as shown in the figures, the portable electronic device 50 is configured to access the Wi-Fi local area network of the textile factory through the Wi-Fi Access Point 80 present in the factory itself and to establish a communication with the electronic control unit 30, 30a, 30b of one or more textile machines 100, 100a, 100b connected to the network itself through such an Access Point), the method comprising the following steps which are executed by the configuration unit: initiating detection of the one or more textile machines within the network via the communication network for transmitting the network configuration (see paragraph 41; With reference to the aforesaid FIGS. 1-3, 4A-4B and 5, the operative steps of the method for detecting and remotely managing sensors and/or devices for feeding textile and/or metallic yarns 10 installed on one or more textile machines 100, 100a, 100b implemented by means of the system 1000); identifying the one or more textile machines within the network on the basis of a respective identifier of the one or more textile machines obtained by the initiated detection (see paragraph 58; processing, by the portable electronic device 50, such first identifiers M1, M2, M3 to generate a main menu 70 with selectable entries associated with the one or more textile machines. Such a main menu 70, shown for example by means of the graphic interface of FIG. 5 of the application program, is representative of the number and type of the textile machines 100, 100a, 100b present in a factory); providing (103) the network configuration for each detected and identified textile machine in the network and transmitting each provided network configuration to the one or more identified textile machines in the network on the basis of the respective identifier (see paragraph 34; Each of such devices is equipped with the aforesaid second wireless communication means 51, in particular a Wi-Fi communication board. Thereby, as shown in the figures, the portable electronic device 50 is configured to access the Wi-Fi local area network of the textile factory through the Wi-Fi Access Point 80 present in the factory itself and to establish a communication with the electronic control unit 30, 30a, 30b of one or more textile machines 100, 100a, 100b connected to the network itself through such an Access Point).
In regards to claim 2, Barea teaches, characterized in that initiating comprises the following step: transmitting a request to the one or more textile machines within the network , wherein the request is implemented as a unicast and/or a multicast and/or a broadcast request (see paragraph 31; by means of the aforesaid IP address, it is possible to access the information contained in the electronic control unit 30, 30a, 30b of each machine, via Wi-Fi or through the Ethernet connection).
In regards to claim 3, Barea teaches, characterized in that the request comprises an IP address and/or a MAC address (see paragraph 31; by means of the aforesaid IP address, it is possible to access the information contained in the electronic control unit 30, 30a, 30b of each machine, via Wi-Fi or through the Ethernet connection).
In regards to claim 4, Barea teaches, characterized in that that identifying comprises the following step: receiving a response from the one or more textile machines from the network, wherein the response has the respective identifier of the textile machine, the respective identifier being used for providing and transmitting the network configuration to the one or more textile machines in the network (see paragraph 35; the possibility of connecting the electronic control unit 30, 30a, 30b to the corporate Wi-Fi network through the univocal IP address for each textile machine allows any operator in the factory, provided with the portable electronic device 50, to interact with the machine and thus with the sensors and/or feeding devices which populate it).
In regards to claim 10, Barea teaches, characterized in that the network comprises at least two subnetworks in particular subnets (see figure 1 Wi-Fi Access Points 80), wherein the network and each subnetwork each comprise a network interface to the communication network (see the Wi-Fi Access Point 80 communicating reads on the interface), wherein the network interface is adapted to ensure that data are transmitted between the configuration unit and the one or more textile machines via the respective network interface of the network and/or the subnetwork (see paragraph 34; the portable electronic device 50 is configured to access the Wi-Fi local area network of the textile factory through the Wi-Fi Access Point 80), wherein the network (10) is designed as a local network, preferably LAN or WLAN or Ethernet (see paragraph 30; the first communication means 31, 31a, 31b comprise a physical connection, e.g. of the Ethernet type, between the electronic control unit 30, 30a, 30b and the aforesaid Wi-Fi Access Point 80), and/or the communication network (30) is designed as a radio network, preferably Bluetooth or a WLAN network (the Wi-Fi access point 80 reads on a WLAN).
In regards to claim 12, Barea teaches the system, characterized in that the network comprises at least two subnetworks, in particular subnets, wherein the network and each subnetwork each have a network interface with the communication network (see the Wi-Fi Access Point 80 communicating reads on the interface), the network interface being adapted such that data are transmitted between the configuration unit and the one or more textile machines via the respective network interface of the network and/or the subnetwork (see paragraph 34; the portable electronic device 50 is configured to access the Wi-Fi local area network of the textile factory through the Wi-Fi Access Point 80).
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) 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Barea as stated above further in view of Mittapalli et al. (US Publication 2013/0286895 A1).
In regards to claim 5 and 7, Barea teaches all the limitations of the parent claims as stated above.
Barea show a wifi network for the textile machines as stated above.
However, Barea fails to particularly teach, a respective identifier of the one or more textile machines having a MAC address and characterized in that the data transmission between the configuration unit and the one or more textile machines takes place by means of a network protocol, in particular by means of a User Datagram Protocol, preferably by means of an Auto-Discovery Protocol.
MIttapalli teaches, a respective identifier of the one or more textile machines having a MAC address (see paragraph 31; In response to determining that the network interface 280 has established a connection to the Ethernet network 102, at block 306 the MC 111 generates the discovery packet 113 (FIG. 1) having a broadcast MAC address as the destination MAC address and the MAC address of the joining network device 112 as the source MAC address) and characterized in that the data transmission between the configuration unit and the one or more textile machines takes place by means of a network protocol, in particular by means of a User Datagram Protocol, preferably by means of an Auto-Discovery Protocol (see paragraph 36; FIG. 4 illustrates an example packet format 400 for the management-type packets. In one embodiment, the management-type packets communicated between the joining network device and the other network devices (including a management station) are formatted as Ethernet packets (also called Ethernet "frames") substantially in accordance with the IEEE 802 Ethernet family of specifications. As consistent with these specifications, the packet format 400 includes a preamble field 402, a destination MAC address field 404, a source MAC address field 406, an Ethertype field 408, a remote management data unit field 410 (referred to herein as the payload field 410), and a frame check sum field 412. Typically, the Ethertype field 408 includes a two-octet value that indicates which protocol is encapsulated in the payload field 410. In one embodiment, the Ethertype field 408 is used to store the specific value used to identify the packet as being a management-type packet. For example, a vendor or other provider of network components may petition the IEEE Registration Authority for assignment of a unique Ethertype value and thereafter configure the network components of the provider to use this assigned Ethertype value in the Ethertype field 408 when performing the auto-discovery and configuration process so that to facilitate identification of discovery and response packets as management-type packets).
Barea and Mittapalli are both directed to remotely controlling devices.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the present application to incorporate the auto-discovery process as taught by the Mittapalli. The motivation to do so would be to improve tracking by implementing a permanent physical address such as a MAC address to enable accurate inventory management and immediate device setup on local clustered networks.
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Barea as stated above further in view of Bahm et al. (US Publication 2013/0286895 A1).
In regards to claims 6-8, Barea teaches all the limitations of the parent claims as stated above.
Barea however fails to teach, characterized in that the method comprises the further subsequent step which is executed by the configuration unit: receiving a confirmation message from the one or more textile machines in the network that the transmitted network configuration is set on the one or more textile machines, the data transmission is provided in the form of a datagram, wherein the datagram has at least one header portion and characterized in that the datagram comprises the header portion and a data portion, wherein the datagram has a total length which is dimensioned such that secure and complete data transmission within a frame or a data transmission frame is ensured.
Bahm however teaches, characterized in that the method comprises the further subsequent step which is executed by the configuration unit: receiving a confirmation message from the one or more textile machines in the network that the transmitted network configuration is set on the one or more textile machines (see paragraph 39; information can be received by the network configuration learner component 204 in response to a request by the communication device (e.g., communication device 124) for access or connection to the node network 108, a request by the NMC 118 to obtain such information from the communication device, a change to the node network 108, or another type of event associated with the node network 108), the data transmission is provided in the form of a datagram, wherein the datagram has at least one header portion and characterized in that the datagram comprises the header portion and a data portion, wherein the datagram has a total length which is dimensioned such that secure and complete data transmission within a frame or a data transmission frame is ensured (see paragraph 126; the IPv4 reads on the datagram since the IPv4 consists of a mandatory datagram consisting of a 20—byte fixed header).
Barea and Bahm are both directed to configuration of terminals remotely.
Therefore it would have been obvious for one of ordinary skill in the art before the effective filing of the present application to incorporate the response as taught by Bahm into the teachings of Barea. The motivation to do so would be to allow for efficient configuration information transmission for clustered networks such as the ones that may exist in a textile factory.
Relevant Prior Art
Prior Liu et al. (US Publication 2023/0006915 A1) teaches, cloud network reachability analysis for virtual private clouds.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY P PATEL whose telephone number is (571)272-3086. The examiner can normally be reached M-F 9:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at 571-272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAY P PATEL/ Primary Examiner, Art Unit 2466