DETAILED ACTION
Status of the Application
The following is a non-Final Office Action. In response to Examiner's communication of January 30, 2026, Applicant, on March 30, 2026, amended claims 1, 9, & 17. Claims 1-20 are now pending in this application and have been rejected below.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 30, 2026 has been entered.
Response to Amendment
Applicant's amendments are not sufficient to overcome the 35 USC 101 rejections set forth in the previous action. Therefore, these rejections are updated and maintained below.
Applicant's amendments are not sufficient to overcome the prior art rejections set forth in the previous action. Therefore, these rejections are updated and maintained below.
Response to Arguments - 35 USC § 101
Applicant’s arguments with respect to the 35 USC 101 rejections have been fully considered, but they are not persuasive.
Applicant argues that the subject matter of claims 1, 9, and 17 are not directed to a judicial exception of mental processes because claims 1, 9, and 17, when viewed as a whole, include claim limitations that cannot be practically performed in the human mind and, thus, do not fall within the “mental process” grouping. Examiner respectfully disagrees.
To summarize, but for the generic computer components implementing the limitations referred to by Applicant, including the generically recited processing platform executing a service, database, user interface, and modeling engine, the limitations referred to by Applicant can indeed be practically by a human observing information regarding specifications of resources for implementing infrastructure solutions of computing systems, a human performing an evaluation to model specifications based on observed input and deciding information assets based on the specifications, and a human utilizing the information assets to output a plan to manage the lifecycle of the infrastructure solution for a computing system manually and/or with a pen and paper. Therefore, under Prong 1 of Step 2A, but for the computer components, the claims, including the limitations referred to by Applicant, recite mental processes, which is an abstract idea.
Beyond the recited abstract idea, with respect to the generically recited processing platform executing a service, database, user interface, and modeling engine referred to by Applicant, under Prong 2 of Step 2A and Step 2B, these additional elements beyond the recited abstract idea are nothing more than generic computer components applying the recited abstract idea, which is not sufficient to integrate an abstract idea nor significantly more than an abstract idea.
Pursuant to 2019 Revised Patent Subject Matter Eligibility Guidance, in order to determine whether a claim is directed to an abstract idea, under Step 2A, we first (1) determine whether the claims recite limitations, individually or in combination, that fall within the enumerated subject matter groupings of abstract ideas (mathematical concepts, certain methods of organizing human activity, or mental processes), and (2) determine whether any additional elements beyond the recited abstract idea, individually and as an ordered combination, integrate the judicial exception into a practical application. 84 Fed. Reg. 52, 54-55. Next, if a claim (1) recites an abstract idea and (2) does not integrate that exception into a practical application, in order to determine whether the claim recites an “inventive concept,” under Step 2B, we then determine whether any of the additional elements beyond the recited abstract idea, individually and in combination, are significantly more than the abstract idea itself. 84 Fed. Reg. 56.
Claim 1, and similarly claims 2-20, recites “an infrastructure solution lifecycle management … which operates to: maintain … specifications associated with resources for implementing infrastructure solutions of computing systems, across multiple phases of an infrastructure solution lifecycle, wherein the multiple phases include at least a planning phase for hardware and software components to configure an infrastructure solution, a procurement phase for obtaining hardware and software components of an infrastructure solution, and a provisioning phase for deploying hardware and software components of an infrastructure solution; … allows a user to input to the infrastructure solution lifecycle management service, a set of user specifications for a given computing system; … processes the set of user specifications for the given computing system and utilizes the … specifications to generate a model comprising information assets associated with the set of specifications across multiple phases of a management lifecycle associated with an infrastructure solution for the given computing system, based on a set of user specifications for the given computing system, wherein one or more of the information assets of the model define relationships between two or more of the specifications to enable sharing of the information assets between two or more of the multiple phases of the management lifecycle; and utilize at least a portion of the set of information assets to provide a set of services for managing the infrastructure solution for the given computing system across the multiple phases of the management lifecycle associated with the infrastructure solution for the given computing system.” Claims 1-20, in view of the claim limitations, recite the abstract idea of collecting specifications of resources for implementing infrastructure solutions of computing systems utilized across phases of an infrastructure solution lifecycle, allows a user to identify a set of user specifications, using the set of user specifications and the collected specifications to model comprising information assets associated with a set of specifications sharing information assets across phases of a management lifecycle of an infrastructure solution based on user inputs, and utilizing the set of information assets to enable a set of services to manage the infrastructure solutions across the lifecycle of the infrastructure solution.
A claim recites mental processes when the claim recites concepts performed in the human mind (including an observation, evaluation, judgment, opinion), wherein if the claim, under its broadest reasonable interpretation, covers the claim being practically performed in the mind but for the recitation of generic computer components, then the claim is in the mental process category. 84 Fed. Reg. 52 n.14. Here, as a whole, in view of the claim limitations, but for the computer components and systems performing the claimed functions, the broadest reasonable interpretation of the recited collecting specifications of resources for implementing infrastructure solutions of computing systems, using the specifications to model comprising information assets associated with a set of specifications sharing information assets across phases of a management lifecycle of an infrastructure solution based on user inputs, and utilizing the set of information assets to enable a set of services to manage the infrastructure solutions across the lifecycle of the infrastructure solution could all be reasonably interpreted as a human making observing information regarding specifications of resources for implementing infrastructure solutions of computing systems, performing an evaluation to model specifications based on observed input and deciding information assets based on the specifications, and a human utilizing the information assets to output a plan to manage the lifecycle of the infrastructure solution for a computing system manually and/or with a pen and paper; therefore, the claims, including the limitations referred to by Applicant, recite mental processes. Accordingly, the claims recite mental processes.
Furthermore, these elements, including those referred to by Applicant are similar to collecting of measurements collected in real time from a power grid, analyzing it, and displaying certain results of the collection and analysis, which is a mental process was held to be abstract by the Court of Appeals for the Federal Circuit in Electric Power Group, LLC v. Alstom S.A., et al., No. 2015-1778 (Fed Cir. Aug. 1, 2016).
Therefore, since the claims recite mental processes, including the limitations referred to by Applicant, recite mental processes, the claims recite an abstract idea under the first prong of Step 2A.
This judicial exception is not integrated into a practical application under the second prong of Step 2A. In particular, the claims recite the additional elements beyond the recited abstract idea of “[a]n apparatus comprising: at least one processor device coupled to at least one memory device, wherein the at least one memory device stores program code that is executed by the at least one processor device to instantiate at least one processing platform which executes an … service … which operates to: maintain a database,” “implement a user interface,” “execute an information modeling engine,” and “utilizes the database” in claim 1, and similarly claims 9 and 17; however, individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea on a computer (i.e. apply it), and thus, are no more than applying the abstract idea with generic computer components.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception under Step 2B. As noted above, the aforementioned additional elements beyond the recited abstract idea, as an order combination, are no more than mere instructions to implement the idea using generic computer components (i.e. apply it), which is not sufficient to amount to significantly more than an abstract idea; therefore, the additional elements are not sufficient to amount to significantly more than an abstract idea. Additionally, these recitations as an ordered combination, simply append the abstract idea to recitations of generic computer structure performing generic computer functions that are well-understood, routine, and conventional in the field as evinced by Segev, et al. (US 20210073449 A1), hereinafter Segev, at [0100], [1512] (describing that, wherein “computer” should be construed to cover a personal computer, a wearable computer, smart glasses, a tablet, a smartphone, a server, and computer based programs can be based on the methods and written description of the specification). Furthermore, as an ordered combination, these elements amount to generic computer components performing repetitive calculations, receiving or transmitting data over a network, electronic record keeping, storing and retrieving information in memory, and presenting offers, which, as held by the courts, are well-understood, routine, and conventional. See MPEP 2106.05(d); July 2015 Update, p. 7.
Looking at these limitations as an ordered combination adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use a generic arrangement of generic computer components and recitations of generic computer structure that perform well-understood, routine, and conventional computer functions that are used to “apply” the recited abstract idea. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claims as a whole amount to significantly more than the abstract idea itself.
Response to Arguments - Prior Art
Applicant’s arguments with respect to the prior art rejections have been fully considered, but they are not persuasive.
Applicant argues that Segev does not disclose or suggest features of the independent claims 1, 9, and 17 as originally presented or as currently amended because Segev is directed to software solutions for architectural planning to select specifications and locations for implementing equipment in many rooms in a floor plan, wherein the software solutions are configured to optimize floor plans, analyze floor plans, optimally place equipment to meet coverage requirements, etc. in multiple rooms throughout a building, there are no instances of terms such as "lifecycle", or "life cycle" whatsoever throughout the entire disclosure of Segev, and Segev does not disclose the subject matter of claims 1, 9, and 17, which is directed to executing an infrastructure solution lifecycle management service which operates to, e.g., maintain a database of specifications associated with resources for implementing infrastructure solutions of computing systems, across multiple phases of an infrastructure solution lifecycle, wherein the multiple phases include at least a planning phase for hardware and software components to configure an infrastructure solution, a procurement phase for obtaining hardware and software components of an infrastructure solution, and a provisioning phase for deploying hardware and software components of an infrastructure solution, and execute an information modeling engine which processes the set of user specifications for the given computing system and utilizes the database of specifications to generate a model comprising information assets associated with the set of specifications across multiple phases of a management lifecycle associated with an infrastructure solution for the given computing system. Examiner respectfully disagrees.
The system in Segev does not only provide for planning to select specifications and locations for generic equipment in rooms in a floor plan nor to optimize floor plans, analyze floor plans, optimally place equipment to meet coverage requirements, rather, Segev further discloses that the equipment may refer to any piece of electronic or other hardware, including computers (i.e. computing systems) ([0153]), a technical specification for the equipment may include technical characteristics such as network speed, voltage, connectivity data including wire sizing requirements, Wi-Fi access requirements, Ethernet or other hardwired connections, Bluetooth™ connectivity requirements, encryption requirements, data speed requirements ([0154], [0196]), and programming parameters based on the specification include selection of firmware and/or operating software of a piece of equipment, etc. [0200]. Further, these specifications are used to generating installation tasks based on the first technical specification and the first equipment placement, including any step or procedure that may be required when installing a piece of equipment, wherein the installation tasks may be generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart or other scheduling tool. [0203].
Therefore, the equipment and selection of the technical specification of the equipment referred to in Segev are not merely generic equipment and floor plans of equipment, but rather, the equipment and selection of the technical specification of the equipment disclosed in Segev are “associated with resources for implementing infrastructure solutions of computing systems” and “generate a model comprising information assets associated with the set of specifications across multiple phases of a management lifecycle associated with an infrastructure solution for the given computing system,” as in the amended claims.
In addition, although Segev does not use the particular term “life cycle,” the technical specification of the equipment that includes computer systems, as discussed above, disclosed in Segev is indeed used across multiple phases of an infrastructure solution lifecycle including a planning phase to configure, a procurement phase for obtaining, and a provisioning phase for deploying hardware and software components of an infrastructure solution of computing systems because Segev discloses selecting, from the data structure, the technical specifications associated with equipment is used to select a piece of equipment the set of technical specifications ([0013]), the methods select equipment, which is used in planning (i.e. across the planning phase) ([0120]), selecting equipment models and optimizing placement of equipment include outputting a bill of material, wherein a bill of materials includes a materials list, which may include equipment models, quantities, pricing, and any other information associated with the equipment that may be useful for purchasing (i.e. procurement phase), tracking, or installation of the equipment (i.e. provisioning phase) ([0015], [0188]), the bill of materials may be transmitted to enterprise resource planning systems, construction management tools, or other destination for further use, e.g., purchasing (i.e. procurement phase) ([0745]-[0746]), information regarding customized settings the equipment selected from the technical specification may be sent to a manufacturer to customize the product before shipping (i.e. procurement phase) ([0414]), and the invention generates installation tasks based on the first technical specification, including any step or procedure that may be required when installing a piece of equipment (i.e. provisioning phase) generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart ([0203]), as above, the equipment in the technical specifications may refer to computers (i.e. computing systems) ([0152]-[0153]), the programming parameters output based on the technical specification include firmware or software to be installed on the equipment ([0200], [0211], [0435]-[0436]), and the output solution may include a customized setting of the equipment including programming the computerized component of the equipment solutions may include a customized setting of equipment including programming a computerized component of the selected equipment (i.e. hardware and software components). [0493].
Furthermore, Segev discloses the argued features referred to by Applicant of “maintain a database of specifications associated with resources for implementing infrastructure solutions of computing systems, across multiple phases of an infrastructure solution lifecycle, wherein the multiple phases include at least a planning phase for hardware and software components to configure an infrastructure solution, a procurement phase for obtaining hardware and software components of an infrastructure solution, and a provisioning phase for deploying hardware and software components of an infrastructure solution, and execute an information modeling engine which processes the set of user specifications for the given computing system and utilizes the database of specifications to generate a model comprising information assets associated with the set of specifications across multiple phases of a management lifecycle associated with an infrastructure solution for the given computing system” as follows.
Segev discloses “maintain a database of specifications associated with resources for implementing infrastructure solutions of computing systems” in [0155]-[0156], wherein the set of technical specifications may be stored in a data structure such as a database, and identifying the technical specification (e.g., the first technical specification or second technical specification) may include retrieving the technical specification from a prestored data structure, and [0152]-[0153], wherein embodiments identify technical specifications and/or placement locations for equipment, wherein equipment may refer to any piece of electronic or any other type of hardware, including computers (i.e. computing systems)). Further, Segev discloses “across multiple phases of an infrastructure solution lifecycle, wherein the multiple phases include at least a planning phase for hardware and software components to configure an infrastructure solution, a procurement phase for obtaining hardware and software components of an infrastructure solution, and a provisioning phase for deploying hardware and software components of an infrastructure solution” in [0013], wherein embodiments select, from the data structure, the technical specifications associated with equipment to select a piece of equipment, [0120], wherein the methods select equipment, which is used in planning, [0015], [0188], wherein embodiments selecting equipment models and optimizing placement of equipment in floor plans include outputting a bill of material, wherein a bill of materials includes a materials list, which may include equipment models, quantities, pricing, and any other information associated with the equipment that may be useful for purchasing (i.e. procurement phase), tracking, or installation of the equipment (i.e. provisioning phase), [0745]-[0746], wherein the bill of materials may be transmitted to enterprise resource planning systems, construction management tools, or other destination for further use, e.g., purchasing (i.e. procurement phase), [0414], wherein information regarding customized settings for selected equipment may be sent to a manufacturer to customize the product before shipping (i.e. procurement phase), [0203], embodiments include generating installation tasks based on the first technical specification, including any step or procedure that may be required when installing a piece of equipment (i.e. provisioning phase) generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart, and [0152]-[0153], [0200], [0211], [0435]-[0436], wherein, as above, the equipment in the technical specifications may refer to computers, the programming parameters output based on the technical specification include firmware or software to be installed on the equipment (i.e. hardware and software components of an infrastructure solution of a computing system).
In addition, Segev discloses “execute an information modeling engine which processes the set of user specifications for the given computing system” [0206], [0209]-[0210], fig, 4, the process 400 for selecting equipment receives functional requirements, which may be applied by a user, to identify technical specifications for the equipment [0152]-[0153], equipment in the technical specification may refer to computers. Moreover, Segev discloses “and utilizes the database of specifications to generate a model comprising information assets associated with the set of specifications across multiple phases of a management lifecycle associated with an infrastructure solution for the given computing system” in [0155]-[0156], wherein the set of technical specifications may be stored in a data structure such as a database, and identifying the technical specification may include retrieving the technical specification from a prestored data structure (i.e. utilizes the database of specifications), [0120], wherein embodiments select, from the data structure, the technical specifications associated with equipment to select a piece of equipment (i.e. to generate a model of information assets), and selecting equipment is used in planning (i.e. model including assets used in the planning phase), [0644], [0646]-[0650], fig. 23, the process 2300 for generating a wiring diagram for equipment includes accessing and selecting, in a data structure, technical specifications associated with electrical equipment in 2305-230 (i.e. to generate a model used in planning and provisioning phases), [0013], [0015], [0188], wherein embodiments selecting equipment models and optimizing placement of equipment in floor plans include outputting a bill of material including equipment models, quantities, pricing, and any other information associated with the equipment that is useful for purchasing (i.e. model including assets used in the procurement phase), tracking, or installation of the equipment (i.e. provisioning phase), [0745]-[0746], wherein the bill of materials may be transmitted to tools or destinations for further use, e.g., purchasing (i.e. procurement phase), [0414], wherein information regarding customized settings for the equipment is sent to a manufacturer to customize the product before shipping (i.e. procurement phase), and [0203], wherein the embodiments generate installation tasks based on the technical specification and the equipment placement, including steps or procedures required when installing a piece of equipment, wherein the installation tasks may be generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart (i.e. model including assets used in the provisioning phase).
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.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims (claim 1, and similarly claims 2-20) recite “an infrastructure solution lifecycle management … which operates to: maintain … specifications associated with resources for implementing infrastructure solutions of computing systems, across multiple phases of an infrastructure solution lifecycle, wherein the multiple phases include at least a planning phase for hardware and software components to configure an infrastructure solution, a procurement phase for obtaining hardware and software components of an infrastructure solution, and a provisioning phase for deploying hardware and software components of an infrastructure solution; … allows a user to input to the infrastructure solution lifecycle management service, a set of user specifications for a given computing system; … processes the set of user specifications for the given computing system and utilizes the … specifications to generate a model comprising information assets associated with the set of specifications across multiple phases of a management lifecycle associated with an infrastructure solution for the given computing system, based on a set of user specifications for the given computing system, wherein one or more of the information assets of the model define relationships between two or more of the specifications to enable sharing of the information assets between two or more of the multiple phases of the management lifecycle; and utilize at least a portion of the set of information assets to provide a set of services for managing the infrastructure solution for the given computing system across the multiple phases of the management lifecycle associated with the infrastructure solution for the given computing system.” Claims 1-20, in view of the claim limitations, recite the abstract idea of collecting specifications of resources for implementing infrastructure solutions of computing systems utilized across phases of an infrastructure solution lifecycle, allows a user to identify a set of user specifications, using the set of user specifications and the collected specifications to model comprising information assets associated with a set of specifications sharing information assets across phases of a management lifecycle of an infrastructure solution based on user inputs, and utilizing the set of information assets to enable a set of services to manage the infrastructure solutions across the lifecycle of the infrastructure solution.
As a whole, in view of the claim limitations, but for the computer components and systems performing the claimed functions, the broadest reasonable interpretation of the recited collecting specifications of resources for implementing infrastructure solutions of computing systems, using the specifications to model comprising information assets associated with a set of specifications sharing information assets across phases of a management lifecycle of an infrastructure solution based on user inputs, and utilizing the set of information assets to enable a set of services to manage the infrastructure solutions across the lifecycle of the infrastructure solution could all be reasonably interpreted as a human making observing information regarding specifications of resources for implementing infrastructure solutions of computing systems, performing an evaluation to model specifications based on observed input and deciding information assets based on the specifications, and a human utilizing the information assets to output a plan to manage the lifecycle of the infrastructure solution for a computing system manually and/or with a pen and paper; therefore, the claims recite mental processes. Further, with respect to the dependent claims, aside from the additional elements beyond the recited abstract idea addressed below under the second prong of Step 2A and 2B, the limitations of dependent claims 2-8, 10-16, & 18-20, recite similar further abstract limitations to those discussed above that narrow the abstract idea recited in the independent claims because, aside from the generic computer components and systems performing the claimed functions the limitations of claims recite mental processes that can be practically performed mentally by observing, evaluating, and judging information mentally and/or with a pen and paper. Accordingly, since the claims recite mental processes, the claims recite an abstract idea under the first prong of Step 2A.
This judicial exception is not integrated into a practical application under the second prong of Step 2A. In particular, the claims recite the additional elements beyond the recited abstract idea of “[a]n apparatus comprising: at least one processor device coupled to at least one memory device, wherein the at least one memory device stores program code that is executed by the at least one processor device to instantiate at least one processing platform which executes an … service … which operates to: maintain a database,” “implement a user interface,” “execute an information modeling engine,” and “utilizes the database” in claim 1, “[a] method comprising: executing program code by at least one processor device to instantiate at least one processing platform which executes an … service … which operates by: maintaining a database,” “implementing a user interface,” “execute an information modeling engine,” and “utilizes the database” in claim 9, and “[a] computer program product comprising a non-transitory processor-readable storage medium having stored therein program code of one or more software programs, wherein the program code when executed by at least one processing device causes at least one processing platform to be instantiated, wherein the at least one processing platform executes an … service … which operates to: maintain a database,” “implement a user interface,” “execute an information modeling engine,” and “utilizes the database” in claim 17; however, individually and when viewed as an ordered combination, and pursuant to the broadest reasonable interpretation, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea on a computer (i.e. apply it), and thus, are no more than applying the abstract idea with generic computer components. Moreover, aside from the aforementioned additional elements, the remaining elements of dependent claims 2-8, 10-16, & 18-20 do not integrate the abstract idea into a practical application because these claims merely recite further limitations that provide no more than simply narrowing the recited abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception under Step 2B. As noted above, the aforementioned additional elements beyond the recited abstract idea, as an order combination, are no more than mere instructions to implement the idea using generic computer components (i.e. apply it), which is not sufficient to amount to significantly more than an abstract idea; therefore, the additional elements are not sufficient to amount to significantly more than an abstract idea. Additionally, these recitations as an ordered combination, simply append the abstract idea to recitations of generic computer structure performing generic computer functions that are well-understood, routine, and conventional in the field as evinced by Segev, et al. (US 20210073449 A1), hereinafter Segev, at [0100], [1512] (describing that, wherein “computer” should be construed to cover a personal computer, a wearable computer, smart glasses, a tablet, a smartphone, a server, and computer based programs can be based on the methods and written description of the specification). Furthermore, as an ordered combination, these elements amount to generic computer components performing repetitive calculations, receiving or transmitting data over a network, electronic record keeping, storing and retrieving information in memory, and presenting offers, which, as held by the courts, are well-understood, routine, and conventional. See MPEP 2106.05(d); July 2015 Update, p. 7. Moreover, aside from the aforementioned additional elements, the remaining elements of dependent claims 2-8, 10-16, & 18-20 do not transform the recited abstract idea into a patent eligible invention because these claims merely recite further limitations that provide no more than simply narrowing the recited abstract idea.
Looking at these limitations as an ordered combination adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use a generic arrangement of generic computer components and recitations of generic computer structure that perform well-understood, routine, and conventional computer functions that are used to “apply” the recited abstract idea. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claims as a whole amount to significantly more than the abstract idea itself. Since there are no limitations in these claims that transform the exception into a patent eligible application such that these claims amount to significantly more than the exception itself, claims 1-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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.
(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 1-20 are rejected under 35 U.S.C. 102(a)(1), (a)(2) as being anticipated by Segev, et al. (US 20210073449 A1), hereinafter Segev.
Regarding claim 1, Segev discloses an apparatus comprising ([0005]):
at least one processor device coupled to at least one memory device, wherein the at least one memory device stores program code that is executed by the at least one processor device to instantiate at least one processing platform which executes ([0005]) an infrastructure solution lifecycle management service ([0120], the methods select equipment, which is used in planning, [0015], [0188], embodiments selecting equipment models and optimizing placement of equipment in floor plans include outputting a bill of material, wherein a bill of materials includes a materials list, which may include equipment models, quantities, pricing, and any other information associated with the equipment that may be useful for purchasing (i.e. procurement phase), tracking, or installation of the equipment (i.e. provisioning phase)) which operates to ([0005]):
maintain a database of specifications ([0155]-[0156], the set of technical specifications may be stored in a data structure such as a database, and identifying the technical specification (e.g., the first technical specification or second technical specification) may include retrieving the technical specification from a prestored data structure) associated with resources for implementing infrastructure solutions of computing systems ([0152]-[0153], embodiments identify technical specifications and/or placement locations for equipment, wherein equipment may refer to any piece of electronic or any other type of hardware, including computers (i.e. computing systems)), across multiple phases of an infrastructure solution lifecycle, wherein the multiple phases include at least a planning phase ([0120], the methods select equipment, which is used in planning, [0013], embodiment select, from the data structure, the technical specifications associated with equipment to select a piece of equipment) for hardware and software components to configure an infrastructure solution ([0152]-[0153], equipment in the technical specification may refer to computers, [0200], [0211], [0435]-[0436], the embodiments may include outputting a programming parameter based on the first technical specification, including firmware, firmware type, firmware version to be installed on the piece of equipment and/or operating software of a piece of equipment, [0493], the plurality of solutions may include a customized setting of equipment including programming a computerized component of equipment including uploading software or firmware), a procurement phase for obtaining ([0015], [0188], embodiments selecting equipment models and optimizing placement of equipment in floor plans include outputting a bill of material, wherein a bill of materials includes a materials list, which may include equipment models, quantities, pricing, and any other information associated with the equipment that may be useful for purchasing (i.e. procurement phase), tracking, or installation of the equipment (i.e. provisioning phase), [0745]-[0746], the bill of materials may be transmitted to enterprise resource planning systems, construction management tools, or other destination for further use, e.g., purchasing (i.e. procurement phase), and embodiments include selecting the right equipment to meet functional requirements, which may include considering purchase costs of selected equipment (i.e. procurement phase), [0414], information regarding customized settings for selected equipment may be sent to a manufacturer to customize the product before shipping (i.e. procurement phase)) hardware and software components of an infrastructure solution ([0152]-[0153], [0200], [0211], [0435]-[0436], as above, the equipment in the technical specifications may refer to computers, the programming parameters output based on the technical specification include firmware or software to be installed on the equipment), and a provisioning phase for deploying ([0188], a bill of materials includes a materials list, which may include equipment models, quantities, pricing, and any other information associated with the equipment that may be useful for installation of the equipment (i.e. provisioning phase), [0203], embodiments include generating installation tasks based on the first technical specification, including any step or procedure that may be required when installing a piece of equipment (i.e. provisioning phase) generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart) hardware and software components of an infrastructure solution ([0152]-[0153], [0200], [0211], [0435]-[0436], as above);
implement a user interface which allows a user to input to the infrastructure solution lifecycle management service, a set of user specifications ([0206], [0209]-[0210], fig, 4, the process 400 for selecting equipment for use in buildings receives functional requirements, which may be applied by a user, to identify technical specifications for the equipment, [0225], function requirements may be the same or vary, and thus differing variables may be entered by a via a GUI, [0584], [0586], input associated with function requirements may take the form of user input, e.g., embodiments receiving user input include presenting the user with a graphical user interface, the user interacts with the user interface to define associations of functional requirements, and the user interface permits the user to select from a plurality of functional requirements, e.g., the user may select functional requirements from a dropdown menu, using checkboxes, buttons, or other suitable methods) for a given computing system ([0152]-[0153], in the invention identifying technical specifications and/or placement locations for equipment, equipment may refer to any piece of electronic or other type of hardware, including computers (i.e. computing systems));
execute an information modeling engine which processes the set of user specifications ([0206], [0209]-[0210], fig, 4, the process 400 for selecting equipment for use in buildings receives functional requirements, which may be applied by a user, to identify technical specifications for the equipment) for the given computing system ([0152]-[0153], equipment in the technical specification may refer to computers, [0200], [0211], [0435]-[0436], the embodiments may include outputting a programming parameter based on the first technical specification, including firmware, firmware type, firmware version to be installed on the piece of equipment and/or operating software of a piece of equipment, [0493], the plurality of solutions may include a customized setting of equipment including programming a computerized component of equipment including uploading software or firmware) and utilizes the database of specifications ([0155]-[0156], the set of technical specifications may be stored in a data structure such as a database, and identifying the technical specification (e.g., the first technical specification or second technical specification) may include retrieving the technical specification from a prestored data structure, [0644], [0646]-[0650], fig. 23, the process 2300 for generating a wiring diagram for equipment includes accessing and selecting, in a data structure, technical specifications associated with electrical equipment in 2305-230) to generate a model comprising information assets associated with the set of specifications across multiple phases of a management lifecycle ([0013], [0120], embodiments select, from the data structure, the technical specifications associated with equipment to select a piece of equipment (i.e. information assets), and selecting equipment is used in planning (i.e. model including assets used in the planning phase), [0015], [0188], embodiments selecting equipment models and optimizing placement of equipment in floor plans include outputting a bill of material, wherein a bill of materials includes a materials list, which may include equipment models, quantities, pricing, and any other information associated with the equipment that may be useful for purchasing (i.e. model including assets used in the procurement phase), tracking, or installation of the equipment (i.e. model including assets used in the provisioning phase), [0745]-[0746], the bill of materials may be transmitted to enterprise resource planning systems, construction management tools, or other destination for further use, e.g., purchasing (i.e. model including assets used in the procurement phase), [0414], information regarding customized settings for selected equipment may be sent to a manufacturer to customize the product before shipping (i.e. procurement phase), [0203], the disclosed embodiments include generating installation tasks based on the first technical specification and the first equipment placement, including any step or procedure that may be required when installing a piece of equipment, wherein the installation tasks may be generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart (i.e. model including assets used in the provisioning phase)) associated with an infrastructure solution for the given computing system ([0152]-[0153], equipment may refer to any piece of electronic or any other type of hardware, including network devices (e.g., WI-FI routers, WI-FI Access Points, edge switches, core switches, access switches, Bluetooth routers, patch panels, etc.), computers (i.e. computing systems)), wherein one or more of the information assets of the model define relationships between two or more of the specifications ([0206], [0209]-[0210], fig. 4, process 400 for selecting equipment in buildings receives a first and second functional requirements for at least one first and second room of a plurality of rooms in steps 404 and 406, and generatively analyzing the at least one first and second room with the first and second functional requirements to identify a first and second technical specifications and a first and second equipment placement locations in order to at least partially conform to the first and second functional requirements in steps 408 and 410, [0461], [0463]-[0465], [0467], wherein embodiments may include generating solutions that include selected equipment and updating the solutions based user input, process 1300 for customizing equipment in buildings based on floor plans includes accessing functional requirements of the plurality of rooms in 1304, accessing technical specifications of the functional requirements in 1306, and generatively analyzing the room features with reference to the functional requirements and the technical specifications to determine at least one customized equipment configuration for at least some of the plurality of rooms in 1310, [0644], [0646]-[0650], fig. 23, a process 2300 for generating a wiring diagram for equipment includes receiving at least one of a plurality of functional requirements with at least one room of the plurality of rooms, including define associations between rooms and functional requirements, which may include receiving user input, in 2303, accessing and selecting, in a data structure, technical specifications associated with electrical equipment in 2305-2307, and generatively analyzing the at least one room in conjunction with the functional requirements and the selected technical specifications in order to select a piece of equipment for the at least one room and select an equipment placement location of the selected piece of equipment within the at least one room in 2309) to enable sharing of the information assets between two or more of the multiple phases of the management lifecycle ([0013], [0120], embodiments select, from the data structure, the technical specifications associated with equipment to select a piece of equipment (i.e. information assets), and selecting equipment is used in planning (i.e. asset used in planning phase), [0015], [0188], embodiments selecting equipment models and optimizing placement of equipment (i.e. information assets) in floor plans output a bill of material, wherein a bill of materials includes models, quantities, pricing, and any other information associated with the equipment that may be useful for purchasing (i.e. assets shared in procurement phase), tracking, or installation of the equipment (i.e. assets shared in provisioning phase), [0745]-[0746], the bill of materials may be transmitted to enterprise resource planning systems, construction management tools, or other destination for further use, e.g., purchasing (i.e. procurement phase), [0414], information regarding customized settings for selected equipment (i.e. information assets) may be sent to a manufacturer to customize the product before shipping (i.e. procurement phase), [0203], the disclosed embodiments include generating installation tasks based on the first technical specification and the first equipment placement (i.e. information assets), including any step or procedure that may be required when installing a piece of equipment, wherein the installation tasks may be generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart (i.e. assets shared in provisioning phase)); and
utilize at least a portion of the set of information assets to provide a set of services for managing the infrastructure solution ([0211], fig. 4, process 400 outputs the first and second technical specifications and the first and second equipment placement locations in an associative manner with the at least one first and second rooms in steps 412 and 414, wherein output includes a variety of formats, including a CAD file with blocks or other representations of the selected equipment technical specifications and locations, a BIM file containing BIM objects associated with the equipment technical specification and placement locations, a materials list, etc., [0466], process 1300 includes generating a manufacturer dataset including a room identifier, an equipment identifier, and the at least one customized equipment configuration, including outputting the manufacturer dataset, as discussed above, [0652], generating a wiring diagram for the at least one room using the selected technical specifications and the structural data, wherein the wiring diagram includes a graphical representation on the floor plan of the equipment placement location of the selected piece of equipment and wiring runs to the selected piece of equipment in 2313) for the given computing system ([0152]-[0153], equipment may refer to any piece of electronic or any other type of hardware, including network devices (e.g., WI-FI routers, WI-FI Access Points, edge switches, core switches, access switches, Bluetooth routers, patch panels, etc.), computers (i.e. computing systems)) across the multiple phases of the management lifecycle associated with the infrastructure solution ([0013], [0120], embodiments select, from the data structure, the technical specifications associated with equipment to select a piece of equipment, and selecting equipment is used in planning (i.e. planning phase), [0015], [0188], embodiments selecting equipment models and optimizing placement of equipment in floor plans include outputting a bill of material, wherein a bill of materials includes a materials list, which may include equipment models, quantities, pricing, and any other information associated with the equipment that may be useful for purchasing (i.e. procurement phase), tracking, or installation of the equipment (i.e. provisioning phase), [0745]-[0746], the bill of materials may be transmitted to enterprise resource planning systems, construction management tools, or other destination for further use, e.g., purchasing (i.e. procurement phase), and embodiments include selecting the right equipment to meet functional requirements, which may include considering purchase costs of selected equipment (i.e. procurement phase), [0414], information regarding customized settings for selected equipment may be sent to a manufacturer to customize the product before shipping (i.e. procurement phase), [0203], the disclosed embodiments include generating installation tasks based on the first technical specification and the first equipment placement, including any step or procedure that may be required when installing a piece of equipment, wherein the installation tasks may be generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart (i.e. provisioning phase)) for the given computing system ([0152]-[0153], equipment may refer to any piece of electronic or any other type of hardware, including network devices (e.g., WI-FI routers, WI-FI Access Points, edge switches, core switches, access switches, Bluetooth routers, patch panels, etc.), computers (i.e. computing systems)).
Regarding claim 2, Segev discloses the apparatus of claim 1 (as above) wherein the set of specifications comprise information indicative of at least one of one or more operating systems, one or more hardware components, one or more software components, one or more platform components, one or more updates, and one or more configurations associated with the infrastructure solution for the given computing system ([0200], disclosed embodiments may include generating a programming parameter based on the first technical specification, including input for the firmware, operating software, programming software, the selection of firmware and/or operating software of a piece of equipment, which operating system or operating system version a piece of equipment may run, [0435]-[0436], the customized equipment configuration may include a programming parameter, including firmware, firmware type, firmware version to be installed on the piece of equipment and/or operating software of a piece of equipment, [0493], the plurality of solutions may include a customized setting of equipment including programming a computerized component of equipment including uploading software or firmware, [0152]-[0153], equipment may refer to network devices (e.g., WI-FI routers, WI-FI Access Points, edge switches, core switches, access switches, Bluetooth routers, patch panels, etc.), computers (i.e. computing systems)).
Regarding claim 3, Segev discloses the apparatus of claim 1 (as above) wherein the set of information assets comprise information indicative of at least one of one or more security policies, one or more support matrices ([0185], the output may include textual information in addition to, or in place of, a graphical representation including information regarding the model, placement, parameters associated with the equipment, e.g., the output may be an electronic file or index containing information such as placement information and/or technical specification, [0787], the present disclosure may further include associating, in an index, the semantic designations with the plurality of rooms, wherein as used herein, an index may include a data structure to define relationships between data elements, the index may be applicable to one or more projects, buildings, site locations, floor plans disciplines (e.g., electrical, HVAC equipment, etc.), the index may include a list of all room names, and for each room, semantic designation, geometric and architectural features, functional requirements, equipment, and technical specifications, [0792], index may include a column, row, associating architectural features with the rooms in the index, and may include technical characteristics, technical specifications, room features and functions, placement locations, and functional requirements), one or more configuration recommendations ([0211], fig. 4, the process outputs the first and second technical specification, equipment placement locations associated with the at least one first and second rooms, a materials list, etc. [0466], the process outputs a manufacturer dataset including a room identifier, an equipment identifier, and the at least one customized equipment configuration, [0652], the processes generates a wiring diagram for the at least one room using the selected technical specifications including a graphical representation on the floor plan of the equipment placement location and wiring runs), one or more solution update bundles ([0011], the processor may receive instructions to vary the equipment placement location, generatively analyze the room to update the selected solution based on the instructions to vary the equipment placement location, and display the updated solution, [0435]-[0436], the customized equipment configuration may include a programming parameter, including firmware, firmware type, firmware version to be installed on the piece of equipment and/or operating software of a piece of equipment, [0639], outputs associated with the wiring diagram may also be updated, such as wire length calculations, bills of materials, indexes), and one or more bill of materials associated with the infrastructure solution ([0188], embodiments include generating a material list of equipment, also referred to as a “bill of materials,” [0211], fig. 4, the process outputs the first and second technical specification, equipment placement locations associated with the at least one first and second rooms, a materials list, etc. [0466], the process outputs a manufacturer dataset including a room identifier, an equipment identifier, and the at least one customized equipment configuration) for the given computing system ([0152]-[0153], equipment may refer to network devices (e.g., WI-FI routers, WI-FI Access Points, edge switches, core switches, access switches, Bluetooth routers, patch panels, etc.), computers (i.e. computing systems)).
Regarding claim 4, Segev discloses the apparatus of claim 3 (as above) wherein at least one of the one or more support matrices maps information from two or more of the specifications ([0787], the present disclosure may include associating, in an index, the semantic designations with the plurality of rooms, wherein as used herein, an index may include a data structure to define relationships between data elements, the index may be applicable to one or more projects, buildings, site locations, floor plans disciplines (e.g., electrical equipment, HVAC equipment, etc.), the index may include a list of all room names (numbers or other identifiers), semantic designation, geometric features and architectural features, functional requirements, equipment, technical specifications, and IoT or BMS data associated with rooms, [0792], index may include a column, row, associating architectural features with the rooms in the index, and may include data including, but not limited to, technical characteristics, technical specifications, room features and functions, placement locations, and functional requirements, [0185], the output may be an index containing information such as placement information and/or technical specification, [0639], outputs associated with the wiring diagram may also be updated, such as indexes).
Regarding claim 5, Segev discloses the apparatus of claim 1 (as above) wherein the set of services comprise at least one of a compliance service ([0162], a generative analysis may also consider equipment technical specifications and functional requirements, both within rooms and outside of them, and this analysis may seek to avoid code and compliance issues, [0528], an optimized solution may be one designed to maximize compliance with functional specifications), a provisioning service, an update service ([0011], the processor may receive instructions to vary the equipment placement location, generatively analyze the room to update the selected solution based on the instructions to vary the equipment placement location, and display the updated solution), a decommission service ([0502], some embodiments receiving instructions to vary the equipment placement location may include receiving instructions to remove equipment, including deleting equipment from a floor plan, to remove a piece, set, or group of equipment from a solution), a procurement service ([0745], a bill of material may further be electronically transmitted to third-party software, etc., for further use (e.g., purchasing), [0188], embodiments include generating a material list of equipment, wherein the material list, also referred to as a “bill of materials” is a list describing equipment associated with a floor plan or building, quantities, pricing, properties (e.g., materials, sizing, equipment types), and any other information associated with the equipment that may be useful for purchasing), a notification service ([0192], the system may constrain the modifications by the user such that they still conform to the functional requirement, and the system may generate an alert to the user the updated conformance information based on the modifications [0377], the method may include providing a prompt querying acceptance or denial of an application of the function requirement to individual spaces of the plurality of spaces by a user, e.g., a functional requirement may be a applied to set of rooms with a certain function, but a room within the set may have originally designated a different function, and a prompt can alert the user to accept this change or override the change), and a graphical user interface modeling service ([0189], the system may then output the technical specifications as well as the equipment placement locations, e.g., the output may be displayed via a user interface 330, [0652], generating a wiring diagram for the at least one room using the selected technical specifications and the structural data, wherein the wiring diagram includes a graphical representation on the floor plan of the equipment placement location of the selected piece of equipment and wiring runs to the selected piece of equipment in 2313).
Regarding claim 6, Segev discloses the apparatus of claim 1 (as above) wherein the at least one processing platform further operates to enable configuration and deployment of the infrastructure solution ([0809], outputting the index may including transmitting the index set electronically to a manufacturer, to a third party - e.g., a construction contractor, a project manager, an engineering or architectural firm, or any other entity that may be involved in design, planning, or installation associated with the equipment, [0211], fig. 4, process 400 outputs the first and second technical specifications and the first and second equipment placement locations in an associative manner with the at least one first and second rooms in steps 412 and 414, wherein output includes a variety of formats, including a CAD file with blocks or other representations of the selected equipment technical specifications and locations, a BIM file containing BIM objects associated with the equipment technical specification and placement locations, a materials list, etc., [0466], process 1300 includes generating a manufacturer dataset including a room identifier, an equipment identifier, and the at least one customized equipment configuration, including outputting the manufacturer dataset, as discussed above, [0652], generating a wiring diagram for the at least one room using the selected technical specifications and the structural data, wherein the wiring diagram includes a graphical representation on the floor plan of the equipment placement location of the selected piece of equipment and wiring runs to the selected piece of equipment in 2313) for the given computing system ([0152]-[0153], equipment may refer to network devices (e.g., WI-FI routers, WI-FI Access Points, edge switches, core switches, access switches, Bluetooth routers, patch panels, etc.), computers (i.e. computing systems)).
Regarding claim 7, Segev discloses the apparatus of claim 1 (as above) wherein the at least one processing platform is further configured to dynamically update one or more of the information assets based on a change to a component in at least one of the specifications ([0011], the processor may receive instructions to vary the equipment placement location, generatively analyze the room to update the selected solution based on the instructions to vary the equipment placement location, and display the updated solution, [0502], some embodiments receiving instructions to vary the equipment placement location may include receiving instructions to remove equipment, including deleting equipment from a floor plan, to remove a piece, set, or group of equipment from a solution).
Regarding claim 8, Segev discloses the apparatus of claim 1 (as above) wherein at least a portion of the services correspond to the multiple phases of the management lifecycle associated with the infrastructure solution for the given computing system ([0152]-[0153], equipment may refer to network devices (e.g., WI-FI routers, WI-FI Access Points, edge switches, core switches, access switches, Bluetooth routers, patch panels, etc.), computers (i.e. computing systems)) such that one or more of the services utilize common data across the information assets ([0203], the disclosed embodiments include generating installation tasks based on the first technical specification and the first equipment placement, wherein the installation tasks may be generated as a list in a text-based format (e.g., a Word® document, etc.), in a table, in a Gantt chart, [0810], [0814], an example process 2900 for analysis, segmentation, and indexing of architectural renderings includes updating the floor plan by using the index to enable an action to be applied to a group of rooms sharing a common semantic designation, e.g. , this may include coloring or otherwise highlighting rooms sharing a common semantic designation according to a legend, and the process 2900 may further include other steps such as outputting the index, as discussed above)
Regarding claims 9-16, these claims are substantially similar to claims 1-8, and are, therefore, rejected on the same basis as claims 1-8. While claims 9-16 are directed toward a method, Segev discloses a method, as claimed. [0005].
Regarding claims 17-20, these claims are substantially similar to claims 1-3 & 5, and are, therefore, rejected on the same basis as claims 1-3 & 5. While claims 17-20 are directed toward a computer program product comprising a non-transitory processor-readable storage medium storing program code of software programs executed by a processing platform, Segev discloses a computer program product, as claimed. [0005].
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chen, et al. (CN 116797154 A), hereinafter Chen, disclosing a product full life cycle management system that uses a unique industrial internet identification as the unique identification of the device in each stage of the life cycle of all the equipment in a computer room, which comprises servers and network equipment, including the planning and design stage, the procurement stage, and the computer room construction and equipment installation and debugging stages and through the unique identification, the equipment can be designed, purchased, installed . Abstract, pp. 1-2, 5, 9.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES A GUILIANO whose telephone number is (571)272-9859. The examiner can normally be reached Mon-Fri 10:00 am - 6:00 pm.
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, Rutao Wu can be reached at 571-272-6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CHARLES GUILIANO
Primary Examiner
Art Unit 3623
/CHARLES GUILIANO/Primary Examiner, Art Unit 3623