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 .
Election/Restrictions
Applicant's election with traverse of Group II, claims 10-20, in the reply filed on 8/3/26 is acknowledged. The traversal is on the ground(s) that the inventions are not sufficiently distinct and there is not a serious search and/or examination burden. This is not found persuasive because:
Inventions I and II are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because Group I does not require receiving an identity indication from an edge device configured to communicatively couple to an industrial automation system, wherein the identity indication is associated with an industrial automation device, wherein the identity indication comprises a catalog number of the industrial automation device, a revision indication of the industrial automation device, a serial number of the industrial automation device, or a product name of the industrial automation device, or any combination thereof; receiving an indication of sensed data acquired at a first time in association with a plurality of parts of the industrial automation device; identifying a part of the plurality of parts based on a plurality of indications of part lists, the identity indication, and the sensed data; receiving a device model corresponding to the part, wherein the device model comprises a plurality of indications of sensed data expected to be received while the part is operated at each life stage of a plurality of life stages; identifying a life stage of the part from the plurality of life stages based on comparing the sensed data to the plurality of indications of sensed data; and generating an indication of a recommended operation to perform relative to the part based on the life stage. The subcombination has separate utility such as identifying a part based on the part list that corresponds to the sensed data.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification;
(b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
(c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claim1-9 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/3/26.
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(s) 10-20 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite:
10. A system comprising:
a computing system configured to:
receive an identity indication from an edge device configured to communicatively couple to an industrial automation system, wherein the identity indication is associated with an industrial automation device, wherein the identity indication comprises a catalog number of the industrial automation device, a revision indication of the industrial automation device, a serial number of the industrial automation device, or a product name of the industrial automation device, or any combination thereof;
receive an indication of sensed data acquired at a first time in association with a plurality of parts of the industrial automation device;
identify a part of the plurality of parts based on a plurality of indications of part lists stored on a storage device, the identity indication, and the sensed data;
receive a device model corresponding to the part, wherein the device model comprises a plurality of indications of sensed data expected to be received while the part is operated at each life stage of a plurality of life stages;
identify a life stage of the part from the plurality of life stages based on comparing the sensed data to the plurality of indications of sensed data; and
generate a recommendation to replace the part based on the life stage.
11. The system of claim 10, wherein the computing system is configured to transmit an indication of the recommendation and the life stage to an industrial control system of the industrial automation system.
12. The system of claim 10, wherein the computing system is configured to transmit an indication of the recommendation and the life stage to an additional computing system disposed on-premise relative to the industrial automation system and outside a computing domain associated with the computing system, and wherein the computing system is disposed off-premise relative to the industrial automation system.
13. The system of claim 12, wherein the additional computing system is configured to transmit an indication of the life stage as part of a graphical user interface to one or more user equipment.
14. The system of claim 10, wherein the computing system is configured to transmit an indication of the recommendation and indication of the life stage as part of a graphical user interface to one or more user equipment.
15. The system of claim 10, wherein the computing system is configured to transmit an indication of the recommendation as part of a work order indication.
16. A tangible, non-transitory, computer-readable medium storing instructions that, when executed by processing circuitry, cause a computing system to perform operations comprising:
receiving an identity indication from an edge device configured to communicatively couple to an industrial automation system, wherein the identity indication is associated with an industrial automation device, wherein the identity indication comprises a catalog number of the industrial automation device, a revision indication of the industrial automation device, a serial number of the industrial automation device, or a product name of the industrial automation device, or any combination thereof;
receiving an indication of sensed data acquired at a first time in association with a plurality of parts of the industrial automation device;
identifying a part of the plurality of parts based on a plurality of indications of part lists, the identity indication, and the sensed data;
receiving a device model corresponding to the part, wherein the device model comprises a plurality of indications of sensed data expected to be received while the part is operated at each life stage of a plurality of life stages;
identifying a life stage of the part from the plurality of life stages based on comparing the sensed data to the plurality of indications of sensed data; and
generating an indication of a recommended operation to perform relative to the part based on the life stage.
17. The tangible, non-transitory, computer-readable medium of claim 16, wherein generating the indication of the recommended operation to perform relative to the part based on the life stage comprises generating an indication of:
a part repair instruction;
a part replacement instruction;
a part operational adjustment; or
any combination thereof.
18. The tangible, non-transitory, computer-readable medium of claim 16, wherein generating the indication of the recommended operation to perform relative to the part based on the life stage comprises:
generating an indication of a replacement instruction comprising an indication of a scheduled time;
determining that the scheduled time is a threshold amount of time after a current time;
determining a first adjustment to an operation of the part based on a life extension mode based determining that the scheduled time is the threshold amount of time after the current time; and
transmitting an instruction of the first adjustment to the part to an industrial control system of the industrial automation system via the edge device.
19. The tangible, non-transitory, computer-readable medium of claim 18, wherein generating the indication of the recommended operation to perform relative to the part based on the life stage comprises:
receiving an indication that a replacement part corresponding to the part arrived at the industrial automation system;
determining that the part has been replaced by the replacement part based on sensed data received after the scheduled time;
determining a second adjustment to the operation of the part to exit the life extension mode based on determining that the part has been replaced by the replacement part; and
transmitting an instruction of the second adjustment to the part to an industrial control system of the industrial automation system via the edge device.
20. The tangible, non-transitory, computer-readable medium of claim 16, wherein generating the indication of the recommended operation at least in part by:
receiving an indication of desired production adjustment; and
determining that operating the part according to a recommended operation causes the desired production adjustment.
The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting by a computer/program nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the computer/program language, receiving an indication and model, identifying a part and life stage, and generating a recommendation in the context of this claim encompasses a user thinking about or manually receiving an indication and model, identifying a part and life stage, and generating a recommendation. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – computer/program. The computer/program is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of computer/program amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Allowable Subject Matter
Claim10-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter:
While, U.S. Pub. No. 2022/0066415 to Miller, supplied by applicant, teaches:
10,16. A system/program comprising: a computing system configured to ([40]: JOH repository system 202 can be implemented on a cloud platform. ..):
receive an identity indication from an edge device configured to communicatively couple to an industrial automation system (Fig. 12: smart gateway device 1202 is coupled via network 116 to an industrial automation system), wherein the identity indication is associated with an industrial automation device ([71 ]: Project telemetry component 208 can a/so record inferred functional or topological relationships between any two or more of the devices or equipment identified as being part of the automation system. [73]: the project telemetry component 208 may identify, based on analysis of the control project 306, that a particular device model (e.g., an 1/0 module, a network infrastructure device, a motor drive, a servo, an actuator, etc.) is being used as a component of the automation system. Based on identification of this device, project telemetry component 208 can ... retrieve functional specification data for the device from the device profile 316 for inclusion in the project telemetry data 602. This functional specification data, which depends on the type of device, can include ... lifecycle information,);
receive an indication of sensed data acquired at a first time in association with the industrial automation device (elemetry data 602 is considered to represent an indication of sensed data in association with a component. "project telemetry data" can be considered an indication of sensed data because it conveys the same types of operational information (utilization, consumption, lifecycle indicators) that would otherwise come from sensor measurements);
receive a device model, wherein the device model comprises a plurality of indications of sensed data expected to be received while the device is operated at each life stage of a plurality of life stages ([80]: Since the control project analysis carried out by the project telemetry component 208 and project analysis component 210 can identify or infer devices and networks that will be used by the control project 306, project analysis component 210 can a/so generate an inventory of the devices or industrial assets used by the customer's project. Repository system 202 can store this asset inventory in the customer repository 324 associated with the owner of the control project 306. Moreover, if any of the discovered devices or industrial assets have associated digital device profiles 316 made available by the vendors of the assets and stored on the vendor repository 326, repository system 202 can retrieve these device profiles 316 from the vendor repository 326 and store the profiles 316 in the customer repository as asset models 312 corresponding to the devices. In this regard, the device profiles 316 may represent generic digital representations of their represented assets, and the project analysis component 210 may convert these generic device profiles 316 to customized asset models 312 representing the customer's uniquely configured assets based on the project telemetry data 602 . These asset models 312 can be used as the...basis for a digital twin);
identify a life stage of the device from the plurality of life stages based on comparing the sensed data to the plurality of indications of sensed data ([75]: Project analysis component 210 may a/so estimate a degree of device utilization over time based on analysis of the project telemetry data 602 and cross-reference this information with lifecycle information for the device recorded in the device's profile 316, and generate a notification indicating an expected life cycle or time-to-failure for the device if used as proposed in the control project.); and
generate a recommendation to replace the device based on the life stage ([75]: ... If an equivalent device having a longer expected lifecycle is available, project analysis component 210 may a/so generate a recommendation to replace the currently proposed device with the equivalent. note: since the trigger for recommending replacement is the device's lifecycle assessment it logically follows that replacement is contemplated when a device is approaching its end-of-life, otherwise, there would be no need to assess lifecycle or recommend substitution based on a longer expected lifecycle).
Miller fails to disclose all the claimed features of applicant’s instant invention, specifically including:
10,16. A system/program comprising: a computing system configured to:
receive an identity indication from an edge device configured to communicatively couple to an industrial automation system, wherein the identity indication is associated with an industrial automation device, wherein the identity indication comprises a catalog number of the industrial automation device, a revision indication of the industrial automation device, a serial number of the industrial automation device, or a product name of the industrial automation device, or any combination thereof;
receive an indication of sensed data acquired at a first time in association with a plurality of parts of the industrial automation device;
identify a part of the plurality of parts based on a plurality of indications of part lists stored on a storage device, the identity indication, and the sensed data;
receive a device model corresponding to the part, wherein the device model comprises a plurality of indications of sensed data expected to be received while the part is operated at each life stage of a plurality of life stages;
identify a life stage of the part from the plurality of life stages based on comparing the sensed data to the plurality of indications of sensed data; and
generate a recommendation to replace the part based on the life stage.
It is for these reasons that applicant’s invention defines over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean Shechtman/ Primary Examiner, Art Unit 2896
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