DETAILED ACTION
This application has been examined. Claims 1-11,13-20 are pending. Claim 12 is cancelled. Claims 16-20 are submitted as new claims.
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 .
Making Final
Applicant's arguments filed 2/13/2026 have been fully considered but they are moot in view of the new grounds for rejection.
The claim amendments regarding -- ‘fieldbus system information defining a property of the at least two participants in the fieldbus system’ -- clearly change the literal scope of the independent and dependent claims and/or the range of equivalents for such claims. The said amendments alter the scope of the claims but do not overcome the disclosure by the prior art as shown below.
The Examiner is presenting new grounds for rejection as necessitated by the claim amendments and is thus making this action FINAL.
Response to Arguments
Applicant's arguments filed 2/13/2026 have been fully considered but they are moot in view of the new grounds for rejection.
While Hashimoto-Steinberger substantially disclosed the claimed invention Hashimoto-Steinberger does not disclose (re. Claim 1) fieldbus system information defining a property of the at least two participants in the fieldbus system
Galchenko Paragraph 115 disclosed wherein autoconfiguration manager van use a plurality of autoconfiguration objects (ACOS) stored within controller 502 to perform the autoconfiguration scan. Each ACO can be configured to test for a particular protocol. The autoconfiguration manager can iteratively select each of the ACOs and allow the selected ACO to test the corresponding port or interface to determine whether the tested protocol is the correct protocol for that port or interface.
Galchenko Paragraph 122 disclosed wherein field controller 604a may be configured to perform the auto-detection process to determine a communications protocol and datalink parameters to communicate with system bus 602, and may reconfigure to communicate according to the appropriate communications protocol settings. Likewise, any of field controllers 604a-c may be configured to perform the auto-detection process to determine appropriate communications protocol settings.
Galchenko disclosed (re. Claim 1) fieldbus system information defining a property of the at least two participants in the fieldbus system (Galchenko-Paragraph 160, Communications protocol manager 922 and/or protocol detection manager 916 may scan all of the attributes of the message and compare the attributes to the various sets of attributes listed in attribute mapping database 938. If the attributes of the message match the attributes listed in attribute mapping database 938 for a particular protocol (e.g., N2 protocol 928), communications protocol manager 922 and/or protocol detection manager 916 may determine that the protocol corresponding to the matching attributes is correct for communications interface 908.)
Hashimoto, Steinberger and Galchenko are analogous art because they present concepts and practices regarding telemetry data from PLC sensor hubs and configuration of PLC sensor network elements. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Galchenko into Hashimoto. The motivation for the said combination would have been to enable Field controller 604a to perform the auto-detection process to determine a communications protocol and datalink parameters to communicate with system bus 602, and may reconfigure to communicate according to the appropriate communications protocol settings.(Galchenko-Paragraph 122)
Priority
This application claims benefits of priority from Foreign Application DExaminer0 2022 103 812.2 (GERMANY) filed February 17, 2022.
The effective date of the claims described in this application is February 17,2022
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 14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 14 is directed towards ‘a training data set for training a configuration AI model’.
Based upon consideration of all of the relevant factors with respect to the claim(s) as a whole, the claimed invention is directed to an abstract idea without significantly more and is/are therefore rejected as ineligible subject matter under 35 U.S.C. 101. The rationale for this finding is explained below.
Analysis under Step 2A Prong 1
Claim 14 recites limitations that are directed to the following abstract ideas:
‘a training data set for training a configuration AI model’ (Abstract idea – mathematical concepts )
Analysis under Step 2A Prong 2
The claim limitations are directed towards a training data set for training a configuration AI model for the intended purpose of selecting configuration parameters for a fieldbus system. Taken as whole, the claims are accepting information and adding more information by comparing the received information with known information, wherein the results of the said comparison are based on predetermined rules and mathematical calculations. The results produced by the claims amount to nothing more than data gathering and using categories of information to perform a transformation or mapping of data and mathematical calculations. The Examiner notes that the resulting information from the claimed invention is not used by any machine or human for any non-abstract results that are significantly more than the judicial exception. The act of training an AI model without taking any further action regarding the said configuration parameters is equivalent to concepts performed in the human mind. Furthermore the claimed invention is not a ‘concept inextricably tied to computer technology’ because the acts of ‘training an AI model’ including manipulation of statistical models using regression functions, clustering algorithms and back propagation (see Applicant Specifications Paragraph 50-54) are not limited to computer technology considerations that are organically derived from computer technology and that are solely derived for the purpose of solving a computer-centric problem.
The Examiner notes there is currently nothing in the claim language that would indicate or suggest any non-abstract results obtained from the claimed invention, wherein said non-abstract results produce improvements to the functioning of a computer, or to any other technology or technical field. There is currently nothing in the claim language that would indicate or suggest any non-abstract results obtained from the claimed invention, wherein said non-abstract results are effecting a transformation or reduction of a particular article to a different state or thing. There is currently nothing in the claim language that would indicate or suggest any non-abstract results obtained from the claimed invention, wherein said non-abstract results comprise applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Analysis under Step 2B
The Examiner notes that the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional claim elements do not perform significantly substantial functions besides providing information. The Examiner notes that the limitation regarding ‘storing the training dataset in a non-transitory computer readable medium’ is equivalent to insignificant post-solution activity because the said storage of the training data set does not provide any technological improvements in the operation of the computer involved.
For the role of a computer in a computer-implemented invention to be deemed meaningful in the context of this analysis, it must involve more than performance of "well-understood, routine, [and] conventional activities previously known to the industry". Thus the recitation of the computer limitations, taken as a whole, amount to mere instructions to implement the abstract idea on a computer.
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.
Claim(s) 1-3,5-9,11,13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (USPGPUB 2023/0013870) further in view of Steinberger (USPGPUB 2023/0055971) further in view of Galchenko (USPGPUB 2020/0177409)
Regarding Claim 1
Hashimoto Figure 8,Figure 14,Paragraph 95 disclosed wherein a plurality of sensors is structured as a graph structure based on time-series data of detection values of a plurality of sensors in a plurality of processes included in a manufacturing facility to specify a process in which a defect is generated.
Hashimoto disclosed (re. Claim 1) a computer-implemented method for an at least partially automated configuration of a field bus, which is to connect or connects at least two participants of an associated field bus system,(Hashimoto -Figure 14,Paragraph 103, a detection value from a sensor 315 installed in the process corresponding to each of PLCs 301 to 305) the method comprising: collecting, in an information collection step, fieldbus system information characterizing the associated fieldbus system; (Hashimoto -Paragraph 97, PLCs 301 to 305 transmit state information related to the process to be controlled to a relay server device 308 on local network 306 every predetermined period or every event. The state information includes time-series data (sensor time-series data) of a plurality of detection values detected at a plurality of sampling times by the sensor provided in the process)
While Hashimoto substantially disclosed the claimed invention Hashimoto does not disclose (re. Claim 1)
determining, in a configuration parameter value determination step, one or more parameter values of one or more configuration parameters for configuring the fieldbus of the fieldbus system;
performing the determination of the one or more parameter values based on at least a part of the collected fieldbus system information; and
configuring, in a configuration step, the fieldbus with the one or more parameter values of the one or more configuration parameters determined in the configuration parameter value determination step.
Steinberger Paragraph 59,Paragraph 60 disclosed troubleshooting user assistance algorithm (TUA)be adapted to provide automatically troubleshooting assistance to the user U in case of inadmissible setting values of the operation parameters. Steinberger Paragraph 63 disclosed wherein user assistance algorithm checks for plausibility of input operation parameters and gives corresponding feedback.
Steinberger disclosed (re. Claim 1) determining, in a configuration parameter value determination step, one or more parameter values of one or more configuration parameters for configuring the fieldbus of the fieldbus system; (Steinberger -Paragraph 56, setting values of operation parameters input by the user U by means of human machine interface)
performing the determination of the one or more parameter values based on at least a part of the collected fieldbus system information; (Steinberger - Paragraph 56, setting values of the operation parameters input by the successfully authorized user U can be analyzed in a possible embodiment automatically with respect to device characteristics of the at least one connected device 2 to check whether the input setting values of the operation parameter are admissible, Paragraph 63,user assistance algorithm checks for plausibility of input operation parameters and gives corresponding feedback. )
and
configuring, in a configuration step, the fieldbus with the one or more parameter values of the one or more configuration parameters determined in the configuration parameter value determination step.(Steinberger -Paragraph 56, Only if the input setting values of the operation parameter are admissible, an automatic adjustment of the operation parameter of the respective connected device 2 is performed by the control unit 5 of the apparatus 1)
Hashimoto and Steinberger are analogous art because they present concepts and practices regarding telemetry data from PLC sensor hubs and configuration of PLC sensor network elements. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Steinberger into Hashimoto. The motivation for the said combination would have been to enable users to get different assigned rights to perform adjustments concerning the connected devices 2. For example, if the authenticated user belongs to a first skilled group he may perform adjustments of critical parameters whereas if the authenticated user belongs to another unskilled group he may perform only adjustments of less critical parameters. (Steinberger -Paragraph 55)
While Hashimoto-Steinberger substantially disclosed the claimed invention Hashimoto-Steinberger does not disclose (re. Claim 1) fieldbus system information defining a property of the at least two participants in the fieldbus system
Galchenko Paragraph 115 disclosed wherein autoconfiguration manager van use a plurality of autoconfiguration objects (ACOS) stored within controller 502 to perform the autoconfiguration scan. Each ACO can be configured to test for a particular protocol. The autoconfiguration manager can iteratively select each of the ACOs and allow the selected ACO to test the corresponding port or interface to determine whether the tested protocol is the correct protocol for that port or interface.
Galchenko Paragraph 122 disclosed wherein field controller 604a may be configured to perform the auto-detection process to determine a communications protocol and datalink parameters to communicate with system bus 602, and may reconfigure to communicate according to the appropriate communications protocol settings. Likewise, any of field controllers 604a-c may be configured to perform the auto-detection process to determine appropriate communications protocol settings.
Galchenko disclosed (re. Claim 1) fieldbus system information defining a property of the at least two participants in the fieldbus system (Galchenko-Paragraph 160, Communications protocol manager 922 and/or protocol detection manager 916 may scan all of the attributes of the message and compare the attributes to the various sets of attributes listed in attribute mapping database 938. If the attributes of the message match the attributes listed in attribute mapping database 938 for a particular protocol (e.g., N2 protocol 928), communications protocol manager 922 and/or protocol detection manager 916 may determine that the protocol corresponding to the matching attributes is correct for communications interface 908.)
Hashimoto, Steinberger and Galchenko are analogous art because they present concepts and practices regarding telemetry data from PLC sensor hubs and configuration of PLC sensor network elements. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Galchenko into Hashimoto. The motivation for the said combination would have been to enable Field controller 604a to perform the auto-detection process to determine a communications protocol and datalink parameters to communicate with system bus 602, and may reconfigure to communicate according to the appropriate communications protocol settings.(Galchenko-Paragraph 122)
Regarding Claim 11
Claim 11 (re. fieldbus system) recites substantially similar limitations as Claim 1. Claim 11 is rejected on the same basis as Claim 1.
Regarding Claim 13
Claim 13 (re. non-transitory computer-readable storage medium) recites substantially similar limitations as Claim 1. Claim 13 is rejected on the same basis as Claim 1.
Regarding Claim 14
Claim 14 (re. data set) recites substantially similar limitations as Claim 1. Claim 14 is rejected on the same basis as Claim 1.
Regarding Claim 15
Claim 15 (re. method) recites substantially similar limitations as Claim 1,7 and 14. Claim 15 is rejected on the same basis as Claim 1,7, and 14.
Regarding Claim 2
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 2) wherein the at least partially automated determining of the one or more parameter values is carried out based on at least a part of the collected fieldbus system information using a trained configuration AI model (Steinberger -Paragraph 89, measurement values provided by the analog-to-digital converters 23, 25 are stored as data samples in the data memory 5B of the control unit 5 as load current profile data and as supply voltage profile data, Paragraph 91, device characteristics can be read from the characteristic memory 5C of the control unit 5 ) which is configured to map fieldbus system information to one or more configuration parameters for configuring the fieldbus of the fieldbus system.
Regarding Claim 3
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 3) wherein the collected fieldbus system information is one or more selected pieces of information comprising at least: information on the existing nodes of the fieldbus system; (Hashimoto -Paragraph 97, PLCs 301 to 305 transmit state information related to the process to be controlled to a relay server device 308 on local network 306 every predetermined period or every event. The state information includes time-series data (sensor time-series data) of a plurality of detection values detected at a plurality of sampling times by the sensor provided in the process) information on the network extent of the fieldbus system; information on the to be connected participants of the fieldbus system; information on process data communication properties of the fieldbus system; information on possible assignments of physical to logical process image; and/or information on possible assignments of data outputs of one participant to data inputs of another participant.
Regarding Claim 5
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 5) reading fieldbus system information stored in a memory; (Steinberger -Paragraph 10, device characteristics of the connected electrical device are fetched from a local memory of the connected electrical device ) performing a scan once or several times; and/or performing a user query in which a user is prompted to enter fieldbus system information and reading the fieldbus system information entered by the user.(Steinberger -Paragraph 100, Besides the request to change the operation parameter setting, a user assistance algorithm executed on the processor 5A of the control unit 5 can also suggest admissible operation parameter settings, in particular operation parameter settings in admissible operation parameter ranges.)
Regarding Claim 6
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 6) an automatic selection of one or more configuration parameters that are required for configuring the field bus, wherein the selection of the one or more configuration parameters takes place in particular before the determining of the one or more associated parameter values. (Steinberger -Paragraph 100, Besides the request to change the operation parameter setting, a user assistance algorithm executed on the processor 5A of the control unit 5 can also suggest admissible operation parameter settings, in particular operation parameter settings in admissible operation parameter ranges.)
Regarding Claim 7
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 7) wherein the configuration AI model has been trained with training data (Steinberger -Paragraph 89, measurement values provided by the analog-to-digital converters 23, 25 are stored as data samples in the data memory 5B of the control unit 5 as load current profile data and as supply voltage profile data, Paragraph 91, device characteristics can be read from the characteristic memory 5C of the control unit 5 ) which comprises fieldbus system information of a plurality of fieldbus systems, a selection of one or more configuration parameters associated with the respective fieldbus systems, and one or more associated parameter values. (Steinberger -Paragraph 100, Besides the request to change the operation parameter setting, a user assistance algorithm executed on the processor 5A of the control unit 5 can also suggest admissible operation parameter settings, in particular operation parameter settings in admissible operation parameter ranges.)
Regarding Claim 8
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 8) wherein the configuration AI model comprises or is an artificial neural network.(Hashimoto -Paragraph 71, neural network included in decoding unit 140 and encoding unit 100.)
Regarding Claim 9
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 9) wherein configuring the field bus comprises: outputting at least one determined parameter value for at least one configuration parameter; automated assigning at least one determined parameter value to the respective associated configuration parameter; (Steinberger -Paragraph 7, performing automatically an adjustment of the operation parameter of the connected electrical device) and/or storing the one or more determined parameter values in a memory.
Regarding Claim 16,17
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 16,17) wherein the property of the at least two participants in the fieldbus system comprises: maximum data transmission speed and/or data reception speed; (Galchenko-Paragraph 133, baud rate is shown as the datalink parameter and any other serial datalink parameters) a number and/or type of participants in the fieldbus system; information on a topology of the fieldbus system; information on connections available at the at least two participants; information on possible and/or required power supply of the at least two participants; information on possible and/or required data transmission speed; and/or information on possible and/or required data packets that can be sent via the fieldbus.
Regarding Claim 18
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 18) wherein said determining is at least partially automated. (Galchenko-Paragraph 160, Communications protocol manager 922 and/or protocol detection manager 916 may scan all of the attributes of the message and compare the attributes to the various sets of attributes listed in attribute mapping database 938. If the attributes of the message match the attributes listed in attribute mapping database 938 for a particular protocol (e.g., N2 protocol 928), communications protocol manager 922 and/or protocol detection manager 916 may determine that the protocol corresponding to the matching attributes is correct for communications interface 908.)
Regarding Claim 19
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 19) wherein the one or more configuration parameters can only be selected from predefined parameters, that are predefined for a selected fieldbus type, stored in a memory.(Galchenko-Paragraph 108, Different types of equipment 540 can be configured to communicate using different equipment communications protocols, Paragraph 159, the supported equipment list attribute may specify the model name, model ID, or other identifier of equipment 914 or BAS network 526 to which the mapping information pertains.)
Regarding Claim 20
Hashimoto-Steinberger-Galchenko disclosed (re. Claim 20) wherein at least one of said collecting, said determining, said performing and said configuring is fully automated and carried our entirely without human interaction. (Galchenko-Paragraph 160, Communications protocol manager 922 and/or protocol detection manager 916 may scan all of the attributes of the message and compare the attributes to the various sets of attributes listed in attribute mapping database 938. If the attributes of the message match the attributes listed in attribute mapping database 938 for a particular protocol (e.g., N2 protocol 928), communications protocol manager 922 and/or protocol detection manager 916 may determine that the protocol corresponding to the matching attributes is correct for communications interface 908.)
Claim(s) 4,10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (USPGPUB 2023/0013870) further in view of Steinberger (USPGPUB 2023/0055971) further in view of Galchenko (USPGPUB 2020/0177409)
further in view of Stump (USPGPUB 2020/0103850)
Regarding Claim 10
While Hashimoto-Steinberger-Galchenko substantially disclosed the claimed invention Hashimoto-Steinberger-Galchenko does not disclose (re. Claim 10) selection step comprising selecting a suitable field bus for connecting the at least two participants of the field bus system, the selecting of the suitable field bus comprising: determining defined selection criteria according to which the fieldbus is selected; determining the corresponding values of the defined selection criteria; analyzing the determined values of the selection criteria; and selecting a selection of the suitable fieldbus based on the result of the analysis of the criteria values.
Stump Paragraph 22 disclosed wherein one or more industrial controllers may be involved in the performance of routines in machine automation lines sub-environment 112.
Stump disclosed (re. Claim 10) selection step comprising selecting a suitable field bus for connecting the at least two participants of the field bus system, the selecting of the suitable field bus comprising: determining defined selection criteria according to which the fieldbus is selected; determining the corresponding values of the defined selection criteria; analyzing the determined values of the selection criteria; and selecting a selection of the suitable fieldbus based on the result of the analysis of the criteria values.(Stump-Paragraph 45, industrial automation application may select one or more controllers for executing controller logic based on load balancing criteria in addition to requirements associated with object properties or controller logic.)
Hashimoto, Steinberger and Stump are analogous art because they present concepts and practices regarding telemetry data from PLC sensor hubs and configuration of PLC sensor network elements. Before the time of the effective filing date of the claimed invention it would have been obvious to combine Stump into Hashimoto-Steinberger. The motivation for the said combination would have been to enable object-based industrial automation control and code allocation to controllers based on load balancing and execution rate, wherein industrial automation application may receive self-describing data from a plurality of industrial controllers and identify whether they are available for executing an industrial automation process and/or the specific code that is going to be executed (Stump-Paragraph 53,Paragraph 56)
Regarding Claim 4
Hashimoto-Steinberger-Galchenko-Stump disclosed (re. Claim 4) wherein one or more configuration parameters whose parameter value is determined in the configuration parameter value determination step from a group comprising at least: configuration parameters for configuring node addresses of the fieldbus system; configuration parameters for configuring a required baud rate of the fieldbus;
configuration parameters for configuring an application requirement; (Stump-Paragraph 45, industrial automation application may select one or more controllers for executing controller logic based on load balancing criteria in addition to requirements associated with object properties or controller logic.)
configuration parameters for configuring a selection and setting of a description of one or more participants of the fieldbus system; (Stump-Paragraph 56, industrial automation application may receive self-describing data from a plurality of industrial controllers and identify whether they are available for executing an industrial automation process and/or the specific code that is going to be executed)
configuration parameters for configuring a selection and setting of the process data communication properties; configuration parameters for configuring an assignment of physical to logical process image (process mapping); and/or configuration parameters for configuring an assignment of data outputs of a first participant to data inputs of a second participant of the fieldbus system (communication mapping).
Conclusion
Examiner’s Note: In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREG C BENGZON whose telephone number is (571)272-3944. The examiner can normally be reached on Monday - Friday 8 AM - 4:30 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, John Follansbee can be reached on (571) 272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREG C BENGZON/Primary Examiner, Art Unit 2444
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