Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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: “a first request unit configured to”, “a first update unit, configured to”, “a first acquisition unit, configured to”, “a first sending unit, configured to”, and “first storage unit, configured to” in claim 8.
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.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitations “a first request unit, configured to”, “a first update unit, configured to”, “a first acquisition unit, configured to”, “a first sending unit, configured to”, and “first storage unit, configured to” in claim 8 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification provides for the components recited above listed in fig. 6; however, the description is devoid of any structure that performs the function of the claim. In other words, sufficient structure (computer + algorithm) must be described. Fig. 6 corresponds to the method for standardizing an object model, wherein the specification indicates figure 1 is providing for method for standardizing an object model, accordingly disclosing at least an algorithm. However, fig. 6 described on page 14 of the specification lacks any computer to perform the claimed functions. Further noted, page 16 indicates apparatus is a computer program and is not the computer device in fig. 8. Accordingly, the description is devoid of any structure that performs the claimed function of the claim (lacks computer for it to be sufficient structure (computer+ algorithm)). Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Examiner suggests to incorporate structure into the claim such as processor and memory in order to over come the 112(b) rejection of claim 8 or canceling claim 8.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure (computer+algorithm) to perform the claimed functions. Sufficient structure is shown when there is a corresponding computer and algorithm. In the above, at least the computer/hardware is not shown to have any association with the recited method descriptions.
Examiner suggests to incorporate structure into the claim such as processor and memory in order to over come the 112(a) rejection of claim 8.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9-10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 9 and 10 fail to further limit the subject matter of the claim upon which they depend.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Examiner suggests cancelling 9 and 10; or amending claims 9 and 10 to be actual independent claims instead.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 20190356737 by Eberlein et. al. (hereafter Eberlein).
Claim 1:
Eberlein discloses:
“requesting an IoT terminal connected to the IoT management platform to upload respective object model data;” [requesting an IoT terminal (fig. 6 602, IOT device) connected to the IoT management platform (fig. 6, IoT persistency service) to upload respective object model data (0053, IoT data packet in the first data format can be stored in the IoT persistency service; fig. 6 602, IoT data packet of IoT data in a first format is received)]
“in response to the IoT terminal supporting uploading its own object model data, updating, according to the object model data uploaded by the IoT terminal, a first object model that matches the object model data, wherein the first object model is stored in the IoT management platform;”[ in response to the IoT terminal supporting uploading its own object model data (fig. 6 602, IoT data packet of IoT data in a first format is received), updating(fig. 6 606, IoT data packet in the first data format is transformed to the second different data format using a transformation rule in the IoT data model), according to the object model data uploaded by the IoT terminal (fig. 6 602, IoT data packet of IoT data in a first format is received), a first object model (fig. 6, first data format is transformed to the second different data format) that matches (0027, storage of data matching the new data format; second different data format of at least some of IoT data is being used) the object model data (fig. 6 606, IoT data packet), wherein the first object model is stored in the IoT management platform (fig. 6 608, second different data format is stored in the IoT persistency service)]
“in response to the IoT terminal not supporting uploading its own object model data, acquiring an object model log of the IoT terminal, and formatting log data in the object model log to obtain target log data;” [in response to the IoT terminal not supporting uploading its own object model data (0059, application cannot use the data in formats V1 or V2), acquiring an object model log (0059, request for IoT data in a third different format receving from an application) of the IoT terminal (0059, application / fig. 6, IoT device), and formatting log data (0059, IoT data can be transformed) in the object model log (0059, third different format receiving from an application) to obtain target log data (0059, using transformation rule, the IoT data can be transformed into the third different format)]
“sending the target log data to a big data platform to enable the big data platform to generate a second object model according to the target log data and return the second object model to the IoT management platform; and” [sending the target log data (0059, using transformation rule, the IoT data can be transformed into the third different format) to a big data platform (fig. 6; 0059, method 600 can further include steps) to enable the big data platform (fig. 6) to generate a second object model (0059, third different format can be provided to the application; stored third different format) according to the target log data (0059, third different format; IoT data transformed) and return the second object model to the IoT management platform (0059, third different format can optionally be stored in the IoT persistency service)]
“in response to receiving the second object model, storing the second object model.”[ in response to receiving the second object model (0059, transformed into the third different format), storing the second object model (0059, third different format can optionally be stored)]
Claim 5:
Eberlein discloses:
“The method for standardizing an object model of an IoT terminal according to claim 1, wherein generating the second object model according to the target log data and returning the second object model to the IoT management platform by the big data platform comprises: “[generating a second object model (0059, third different format can be provided to the application; stored third different format) according to the target log data (0059, third different format; IoT data transformed) and return the second object model to the IoT management platform (0059, third different format can optionally be stored in the IoT persistency service) comprises]
“acquiring a preset object model knowledge base, and analyzing the target log data according to the preset object model knowledge base to obtain the second object model; and”[ acquiring a preset object model knowledge base (0059, using the transformation rule), and analyzing the target log data (0059, determination can be made…that the IoT data is not available in the third different format; 0059, IoT data can be transformed into third format) according to the preset object model knowledge base (0059, using the transformation rule) to obtain the second object model(0059, third different format can be provided to the application; stored third different format)]
“sending the second object model to the IoT management platform.”[ sending the second object model to the IoT management platform(0059, third different format can optionally be stored in the IoT persistency service)]
Claim 8:
Eberlein discloses:
“a first request unit, configured to request an IoT terminal connected to an IoT management platform to upload respective object model data;” [a first request unit, configured to request an IoT terminal (fig. 6 602, IOT device; fig. 1 IoT devices ) connected to the IoT management platform (fig. 6, IoT persistency service; fig. 1 persistency services) to upload respective object model data (fig. 6 602, IoT data packet of IoT data in a first format is received)]
“a first update unit, configured to, in response to the IoT terminal supporting uploading its own object model data, update, according to the object model data uploaded by the IoT terminal, a first object model that matches the object model data, wherein the first object model is stored in the IoT management platform;” [ a first update unit, configured to, in response to the IoT terminal supporting uploading its own object model data (fig. 6 602, IoT data packet of IoT data in a first format is received), updating(fig. 6 606, IoT data packet in the first data format is transformed to the second different data format using a transformation rule in the IoT data model), according to the object model data uploaded by the IoT terminal (fig. 6 602, IoT data packet of IoT data in a first format is received), a first object model (fig. 6, first data format is transformed to the second different data format) that matches (0027, storage of data matching the new data format; fig. 6 604 second different data format of at least some of IoT data is being used) the object model data (fig. 6 606, IoT data packet), wherein the first object model is stored in the IoT management platform (fig. 6 608, second different data format is stored in the IoT persistency service)]
“a first acquisition unit, configured to, in response to the IoT terminal not supporting uploading its own object model data, acquire an object model log of the IoT terminal, and format log data in the object model log to obtain target log data;” [a first acquisition unit, configured to, in response to the IoT terminal not supporting uploading its own object model data (0059, application cannot use the data in formats V1 or V2; fig. 1 IoT devices), acquiring an object model log (0059, request for IoT data in a third different format receiving from an application) of the IoT terminal (0059, application / fig. 6, IoT device), and formatting log data (0059, IoT data can be transformed) in the object model log (0059, third different format receiving from an application) to obtain target log data (0059, using transformation rule, the IoT data can be transformed into the third different format)]
“a first sending unit, configured to send the target log data to a big data platform to enable the big data platform to generate a second object model according to the target log data and return the second object model to the IoT management platform; and” [a first sending unit, configured to send the target log data (0059, using transformation rule, the IoT data can be transformed into the third different format) to a big data platform (fig. 6; 0059, method 600 can further include steps) to enable the big data platform (fig. 6) to generate a second object model (0059, third different format can be provided to the application; stored third different format) according to the target log data (0059, third different format; IoT data transformed) and return the second object model to the IoT management platform (0059, third different format can optionally be stored in the IoT persistency service)]
“a first storage unit, configured to, in response to receiving the second object model, store the second object model.” [a first storage unit, configured to, in response to receiving the second object model (0059, transformed into the third different format), storing the second object model (0059, third different format can optionally be stored)]
Claim 9:
A computer device, comprising a memory and a processor connected to the memory, wherein the memory is configured to store computer programs which, when executed by the processor, causes the processor to perform the method according to claim 1.[fig. 7 702]
Claim 10:
A non-transitory computer-readable storage medium, having computer programs stored therein which, when executed by a processor of a computer device, cause the computer device to implement the method according to claim 1.[fig. 7 702]
Allowable Subject Matter
Claims 2-4 and 6-7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 20170149937 by Ren et. al. provides relevance in view of at least figure 5 wherein it is determeind IOT data complies with selected standard data types and performs error handling if not, and converts the iot data to an IOT standard format if so.
Pct/cn2022/140375 translation notes CN112202758 does not appear to teach an object model log of an IoT terminal is acquired, and log data in the object model log is formatted to acquire target log data; and the target log data is transmitted to a big data platform to allow the big data platform to generate a second object model on the basis of the target log data.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PHAM whose telephone number is (571)272-3924. The examiner can normally be reached M-F 11-730pm Eastern.
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/MICHAEL PHAM/ Primary Examiner, Art Unit 2167