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 .
Allowable Subject Matter
Claims 5, 11 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Specification
The disclosure is objected to because of the following informalities: “RS323” is repeatedly referred to in the specification, however, should be –RS232--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first interaction module” “life cycle management module” and “service discovery module” in claims 1 and 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
“first interaction module” – Fig. 1 104, processor 701 and spec pg. 23
“life cycle management module” - 102 and processor 701 and
“service discovery module” - 103 and processor 701
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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.
Claims 1-4, 6-10, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE et al. US 2017/0149867 A1.
LEE teaches:
1. (Currently Amended) An industrial data integration device comprising:
a first interaction module [Fig. 1 110 – first platform server] to interact with a first industrial field device [Fig. 1 111 – first device] based on a non-standard protocol [para. 0055, “In this instance, since the first device 111 and the second device 121 are connected to different platform servers, respectively, communication may be impossible using only one of the first platform server 110 and the second platform server 120.”];
a life cycle management module [interaction server 130] to manage a life cycle of the first interaction module [para. 0056, “The interaction server 130 refers to a server that enables the interaction between the first platform server 110 and the second platform server 120 providing different platforms, and enables communication between the first device 111 registered to the first platform server 110 and the second device 121 registered to the second platform server 120 through the interaction between the first platform server 110 and the second platform server 120.”]; and
a service discovery module [Fig. 1 110] to discover a first service provided by the first interaction module [para. 0015, “The request for the device may include a request for at least one of a device list of devices registered to the second platform server, a control of the device, and an event subscription of the device.”];
wherein the first service is related to an interaction between the first interaction module and the first industrial field device [para. 0108, “In operation 701, the first device 710 may transmit a request for controlling the second device 780 to a first platform server 720.” Interaction server manages the communication so that first device can communicate or control with second device when ordinarily incompatible].
LEE teaches:
2. (Currently Amended) The device according to claim 1, further comprising:
a second interaction module [Fig. 1 120 ] to interact with a second industrial field device [Fig. 1 121 second device] based on a standard protocol;
wherein the life cycle management module [Fig. 1 130 interaction server] is further configured to manage a life cycle of the second interaction module;
the service discovery module [Fig. 1 110 or 120] is further configured to discover a second service provided by the second interaction module; and
wherein the second service is related to the interaction between the second interaction module and the second industrial field device.
LEE teaches:
3. (Currently Amended) The device according to claim 1, further comprising:
a service providing module to register the first service or the second service; and to provide the registered first service or the registered second service via a Web server. [poara 0059-00062]
LEE teaches:
4. (Currently Amended) The device according to claim 1, wherein:
the life cycle management module is configured to receive configuration information of the first interaction module; [paras 0064-0065]
the configuration information of the first interaction module includes a first description field with a first general data structure and a second description field with a second general data structure; [paras. 0072-0073 – data structures]
the first description field describes the first service provided by the first interaction module and a third service required by the first interaction module; [paras. 0072-0073 – data structures]
the second description field describes a basic information of the first interaction module and callback functions related to the life cycle of the first interaction module; [paras. 0072-0073 – data structures and para. 0015, “The request for the device may include a request for at least one of a device list of devices registered to the second platform server, a control of the device, and an event subscription of the device.”]
the life cycle management module is configured to determine the first service and the third service by parsing the first description field; [paras. 0072-0073 – data structures and para. 0015, “The request for the device may include a request for at least one of a device list of devices registered to the second platform server, a control of the device, and an event subscription of the device.”]
the life cycle management module is configured to determine basic information of the first interaction module and callback functions related to the life cycle of the first interaction module by parsing the second description field; [paras. 0072-0073 – data structures and para. 0015, “The request for the device may include a request for at least one of a device list of devices registered to the second platform server, a control of the device, and an event subscription of the device.”]
and
the life cycle management module is configured to manage the life cycle of the first interaction module by using the basic information of the first interaction module and the callback functions related to the life cycle of the first interaction module; [paras. 0072-0073 – data structures and para. 0015, “The request for the device may include a request for at least one of a device list of devices registered to the second platform server, a control of the device, and an event subscription of the device.”] and
the service discovery module is configured to establish a first mapping relationship between the first service and the third service, and initiate a registration process for the first service according to the basic information of the first interaction module and the first mapping relationship. [para. 0010-0012, 0016, 0018]
LEE teaches:
6. (Currently Amended) The device according to claim 3, further comprising
an authentication module to perform authentication processing on a requesting party requesting access to the registered first service or the registered second service. [para. 0128-0135]
LEE teaches:
7. (Currently Amended) The device according to claim 3, further comprising:
a storage module, configured to store first industrial data obtained by the first interaction module from the first industrial field device and second industrial data obtained by the second interaction module from the second industrial field device, in a memory; [Fig. 1 110 and 120]
a data analysis module, configured to perform data analysis on the first industrial data and the second industrial data stored in the memory the memory in response to a data analysis request received via the Web server. [para. 0131, “In operation 805, the first adaptor 830 may transmit the event subscription request to a routing server 850 together with the token. The routing server 850 may transfer the event subscription request and the token to a second adaptor 860.”]
Regarding method claims 8-14, these method claims recite the steps for executing the functions recited in apparatus claims 1-7 above and are rejected on the same grounds and rationale as corresponding claims above. Regarding apparatus claim 15, this claim recites a processor and a memory in addition to the functions as in claim 1, however, the “modules” of claim 1 invoke 112(f) and include the structure of the processor and memory as part of the claim limitations. Thus claim 15 is rejected as claim 1 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY COLLINS whose telephone number is (571)270-0473. The examiner can normally be reached Monday - Friday 1-930PM EST.
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/GARY COLLINS/Primary Examiner, Art Unit 2115
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