DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 are pending.
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.
Step 1
Step 1 of the eligibility analysis asks is the claim to a process, machine, manufacture or composition of matter (See MPEP § 2106.03, subsections I and II). Claims 1-10 are directed to a computer-implemented system (i.e., machine, and manufacture). Claims 11-20 are directed to a computer-implemented method (i.e., process). Therefore, these claims fall within the four statutory categories of invention.
Step 2A, Prong One
Prong One asks does the claim recite an abstract idea, law of nature, or natural phenomenon (MPEP § 2106.04(II)(A)(1)). Claims 1 and 11 under a broadest reasonable interpretation recite an abstract idea because the claims describe update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas (MPEP § 2106.04(a)(2), subsection II). The claim limitations reciting the abstract idea are grouped within the “certain methods of organizing human activity” grouping of abstract ideas because the limitations describe fundamental economic principles or practices, including mitigating risk, describe commercial or legal interactions, including business relations, and describe managing personal behavior or relationships or interactions between people, including following rules or instructions. The following underlined claim limitations recite the abstract idea.
Claim 1:
An elevator system for installing updated code on elevator components in a building, the system comprising:
a component management system (CMS);
an elevator system controller (ESC) in the building, operationally coupled to the components;
a gateway that communicates with the ESC and the components over a first network and with the CMS over a second network,
wherein the gateway is configured to:
receive a first signal from the CMS that includes a notification of the updated code for the components;
receive a second signal from the ESC that includes instructions for a preliminary installation of the updated code, and thereafter execute the preliminary installation; and
receive a third signal from the ESC that includes instructions for a secondary installation of the updated code on the components, and thereafter execute the secondary installation.
Claim 11:
A method of installing updated code on elevator components in a building, the method comprising:
receiving, by a gateway, a first signal from a component management system (CMS) that includes a notification of the updated code for the components;
receiving, by the gateway, a second signal from an elevator system controller (ESC) that includes instructions for a preliminary installation of the updated code, and thereafter executing the preliminary installation; and
receiving, by the gateway, a third signal from the ESC that includes instructions for a secondary installation of the updated code on the components, and thereafter executing the secondary installation.
Step 2A, Prong Two
Prong Two asks does the claim recite additional elements that integrate the judicial exception into a practical application (MPEP § 2106.04(II)(A)(2)). Examiners evaluate integration into a practical application by: (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception(s); and (2) evaluating those additional elements individually and in combination to determine whether they integrate the exception into a practical application, using one or more of the considerations discussed in more detail in MPEP §§ 2106.04(d)(1), 2106.04(d)(2), 2106.05(a) through (c) and 2106.05(e) through (h). Here, the non-underlined claim limitations above recite additional elements. The additional elements do not improve the functioning of computers, another technology, or a technical field (MPEP §§ 2106.04(d)(1) and 2106.05(a)). The Specification does not assert that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. The claim does not purport to improve computer capabilities, but rather invokes computers merely as a tool by adding general purpose computers post-hoc to an abstract idea. A commonplace business method being applied on a general-purpose computer is not sufficient to show an improvement to technology. The claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology. The Specification and the claim language provide evidence that the focus of the claim is on a scheme. An improvement in the abstract idea itself is not an improvement in technology. Even if the Specification describes technical improvements, they are not claimed. The additional elements do not apply the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (MPEP § 2106.04(d)(2)). The additional elements do not implement the abstract idea with a particular machine or manufacture that is integral to the claim (MPEP § 2106.05(b)). A general-purpose computer that applies a judicial exception, such as an abstract idea, by use of conventional computer functions does not qualify as a particular machine. The additional elements do not transform or reduce a particular article to a different state or thing (MPEP § 2106.05(c)). The claim does not recite any transformation of an article where the article changes to a different state or thing. Nor do the additional elements apply the abstract idea in a meaningful way or impose a meaningful limit on it beyond linking its use to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP § 2106.05(e)). The additional elements generally link the use of the judicial exception to a particular technological environment. A wholly generic computer implementation is not generally the sort of additional feature that provides any practical assurance that the process is more than a drafting effort designed to monopolize the abstract idea itself. The additional elements individually and in combination, merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). Implementing an abstract idea on a generic computer, does not integrate the abstract idea into a practical application, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer. Use of a computer or other machinery in its ordinary capacity for economic or other tasks or simply adding a general-purpose computer or computer components after the fact to an abstract idea does not integrate a judicial exception into a practical application. The additional elements are being used in their ordinary capacity. The additional elements do no more than merely invoke computers or machinery as a tool to perform an existing process. The additional elements generally link the use of the abstract idea to a particular technological environment or field of use (MPEP § 2106.05(h)). Limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception cannot integrate a judicial exception into a practical application. Thus, the additional elements do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to the abstract idea identified above.
Step 2B
Step 2B determines whether the claim as a whole amount to significantly more than the abstract idea itself (MPEP § 2106.05). In Step 2B examiners carry over their identification of the additional element(s) in the claim from Step 2A Prong Two; carry over their conclusions from Step 2A Prong Two on the considerations discussed in MPEP §§ 2106.05(a)-(c), (e), (f) and (h); re-evaluate any additional element or combination of elements that was considered to be insignificant extra-solution activity per MPEP § 2106.05(g), because if such re-evaluation finds that the element is unconventional or otherwise more than what is well-understood, routine, conventional activity in the field, this finding may indicate that the additional element is no longer considered to be insignificant; and evaluate whether any additional element or combination of elements are other than what is well-understood, routine, conventional activity in the field, or simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, per MPEP § 2106.05(d). The additional elements individually and in combination, merely serve as a tool to perform the abstract idea (MPEP § 2106.05(f)). The additional elements generally link the use of the abstract idea to a particular technological environment or field of use (MPEP § 2106.05(h)). Individually, the additional elements do not amount to significantly more than the abstract idea. Here, the additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry. A factual determination is required to support a conclusion that an additional element (or combination of additional elements) is well-understood, routine, conventional activity. Here, the specification of the application indicates that additional elements are well-known or conventional (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). There is nothing in the specification to indicate that the operations recited in the claims require any specialized hardware or inventive computer components or that the claimed invention is implemented using other than generic computer components to perform generic computer functions. The ordered combination recites no more than the individual elements do. Thus, the additional elements are not significantly more than the abstract idea. Accordingly, the claims are directed to the abstract idea identified above without significantly more. The claims are not eligible, warranting a rejection for lack of subject matter eligibility and concluding the eligibility analysis.
Dependent Claims
Claim 2 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the components include classes of components, including one or more of: the first class of components that include an elevator car; a second class of components that include a lobby call station; or a third class of components that include a mobile phone containing software that calls the elevator car.
Claim 3 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the preliminary installation includes installing the updated code on a virtual system, a first component within the first class of components, or a subset of components within the first class of components.
Claim 4 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the preliminary installation includes installing a reduced function set of the updated code on the virtual system, the first component within the first class of components, or the subset of components within the first class of components.
Claim 5 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the virtual system is a simulation of the first component controlled by the ESC.
Claim 6 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the secondary installation includes installing the updated code on each component within the first class of components.
Claim 7 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the secondary installation includes installing the updated code, consecutively on different subsets of the first class of components based on one or more of: utilization patterns of the subsets; and locations of the components within building or within the subsets.
Claim 8 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the updated code is software or firmware.
Claim 9 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the CMS is a cloud service.
Claim 10 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the gateway communicates with the components over a controller area network and with the CMS over a wide area network.
Claim 12 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the components include classes of components, including one or more of: the first class of components that include an elevator car; a second class of components that include a lobby call station; or a third class of components that include a mobile phone containing software that calls the elevator car.
Claim 13 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
executing, by the gateway, the preliminary installation by installing the updated code on a virtual system, a first component within the first class of components, or a subset of components within the first class of components.
Claim 14 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
executing, by the gateway, the preliminary installation by installing a reduced function set of the updated code on the virtual system, the first component within the first class of components, or the subset of components within the first class of components.
Claim 15 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the virtual system is a simulation of the first component controlled by the ESC.
Claim 16 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
executing, by the gateway, the secondary installation by installing the updated code on each component within the first class of components.
Claim 17 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
executing, by the gateway, the secondary installation by installing the updated code, consecutively on different subsets of the first class of components based on one or more of: utilization patterns of the subsets; and locations of the components within building or within the subsets.
Claim 18 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the updated code is software or firmware.
Claim 19 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
wherein the CMS is a cloud service.
Claim 20 recites an abstract idea because the claim describes update management, grouped within the “certain methods of organizing human activity” grouping of abstract ideas. The following underlined claim limitations recite the abstract idea. The non-underlined claim limitations recite additional elements. The additional elements do not integrate the abstract idea into a practical application and are not significantly more than the abstract idea because the additional elements individually and in combination, merely serve as a tool to perform the abstract idea and generally link the use of the abstract idea to a particular technological environment or field of use. The additional elements, individually and in combination, are well-understood, routine, conventional activity (See Spec. 0001-0003, 0033-0035, 0043-0044, 0052-0055, 0061, 0066-0068, 0070). Therefore, the claim is not eligible.
communicating, by the gateway, with the components over a controller area network and with the CMS over a wide area network.
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 1-3, 6, 8-13, 16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0112148 A1 (“Swami”).
Claims 1, 11:
Swami discloses:
a component management system (CMS); (0035, 0043, 0051-0053)
an elevator system controller (ESC) in the building, operationally coupled to the components; (0035, 0037-0038, 0041, 0054)
a gateway that communicates with the ESC and the components over a first network and with the CMS over a second network, (0035, 0041-0042, 0054)
wherein the gateway is configured to: (0035, 0041-0042, 0054)
receive a first signal from the CMS that includes a notification of the updated code for the components; (0052-0054, 0062-0063)
receive a second signal from the ESC that includes instructions for a preliminary installation of the updated code, and thereafter execute the preliminary installation; and (0055, 0059, 0063)
receive a third signal from the ESC that includes instructions for a secondary installation of the updated code on the components, and thereafter execute the secondary installation. (0055, 0059, 0063)
Claims 2, 12:
Swami discloses all limitations of claims 1 and 11. Swami further discloses:
wherein the components include classes of components, including one or more of: the first class of components that include an elevator car (0009, 0038-0039); a second class of components that include a lobby call station (0039); or a third class of components that include a mobile phone containing software that calls the elevator car. (0044)
Claims 3, 13:
Swami discloses all limitations of claims 1 and 11. Swami further discloses:
wherein the preliminary installation includes installing the updated code on a virtual system, a first component within the first class of components, or a subset of components within the first class of components. (0059)
Claims 6, 16:
Swami discloses all limitations of claims 1 and 11. Swami further discloses:
wherein the secondary installation includes installing the updated code on each component within the first class of components. [executing, by the gateway, the secondary installation by installing the updated code on each component within the first class of components.] (0059, 0063)
Claims 8, 18:
Swami discloses all limitations of claims 1 and 11. Swami further discloses:
wherein the updated code is software or firmware. (0002, 0035, 0043)
Claims 9, 19:
Swami discloses all limitations of claims 1 and 11. Swami further discloses:
wherein the CMS is a cloud service. (0002, 0043, 0056)
Claims 10, 20:
Swami discloses all limitations of claims 9 and 19. Swami further discloses:
wherein the gateway communicates with the components over a controller area network and with the CMS over a wide area network. (0041-0042)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4, 7, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Swami in view of US 2009/0049441 A1 (“Mii”).
Claims 4, 14:
Swami discloses all limitations of claims 3 and 13. Swami does not disclose:
wherein the preliminary installation includes installing a reduced function set of the updated code on the virtual system, the first component within the first class of components, or the subset of components within the first class of components.
Mii, an analogous art of elevators, discloses:
wherein the preliminary installation includes installing a reduced function set of the updated code on the virtual system, the first component within the first class of components, or the subset of components within the first class of components. (0016, 0060-0061)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Swami to include wherein the preliminary installation includes installing a reduced function set of the updated code on the virtual system, the first component within the first class of components, or the subset of components within the first class of components, as disclosed in Mii. One or ordinary skill in the art would have been motivated to do so in order to improve efficiency (See Mii, 0002-0003).
Claims 7, 17:
Swami discloses all limitations of claims 6 and 16. Swami does not disclose:
wherein the secondary installation includes installing the updated code, consecutively on different subsets of the first class of components based on one or more of: utilization patterns of the subsets; and locations of the components within building or within the subsets.
Mii, an analogous art of elevators, discloses:
wherein the secondary installation includes installing the updated code, consecutively on different subsets of the first class of components (0018, 0022, 0028, 0032, 0039-0040) based on one or more of: utilization patterns of the subsets; and locations of the components within building or within the subsets. (0014, 0021-0022)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Swami to include wherein the secondary installation includes installing the updated code, consecutively on different subsets of the first class of components based on one or more of: utilization patterns of the subsets; and locations of the components within building or within the subsets, as disclosed in Mii. One or ordinary skill in the art would have been motivated to do so in order to improve efficiency (See Mii, 0002-0003).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Swami in view of US 11,880,676 B1 (“Sandler”).
Claims 5, 15:
Swami discloses all limitations of claims 3 and 13. Swami does not disclose:
wherein the virtual system is a simulation of the first component controlled by the ESC.
Sandler, an analogous art of software updates, discloses:
wherein the virtual system is a simulation of the first component controlled by the ESC. (5:36-45, 17:3-24, 11:18-27 and 44-46, 19:1-20)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Swami to include wherein the virtual system is a simulation of the first component controlled by the ESC, as disclosed in Sandler. One or ordinary skill in the art would have been motivated to do so in order to improve efficiency (See Sandler, 1:6-46).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0293660 A1 (“Chen”) discloses: In some embodiments, there is provided a method for updating a gateway in a substation. The method includes receiving, at a gateway from a server, an update package assigned with a first identifier, the update package including at least one of: a configuration associated with at least one monitoring device connected to the gateway; and an application configurable to collect data from the at least one monitoring device; in response to receiving the update package, determining whether the first identifier matches a second identifier of the gateway; and in response to determining that the first identifier matches the second identifier of the gateway, updating the gateway with the received update package.
US 2022/0191092 A1 (“Luscher”) discloses: A method for commissioning a communication gateway with a portable device in a transportation system includes the steps of: establishing a communication connection from the portable device to the communication gateway of the transportation system; transmitting configuration data from the portable device to the communication gateway using the established communication connection, wherein the configuration data includes a gateway identifier identifying the transportation system; establishing a further communication connection from the communication gateway to a server unit using the configuration data; and initiating a communication gateway software deployment from the server unit to the communication gateway using the established further communication connection for commissioning the communication gateway in the transportation system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ari Shahabi whose telephone number is (571)272-2565. The examiner can normally be reached M-F: 8:00-5:00.
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, John W Hayes can be reached at 571-272-6708. 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.
/ARI SHAHABI/Primary Examiner, Art Unit 3697