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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 3, 6, 7, 9, 12, 13, 15 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Budmiger US 2005/0164684 (hereinafter Budmiger).
Regarding claim 1, Budmiger teaches: a checking system for checking an industrial production process and/or characteristics of a workpiece (Fig. 1), the checking system comprising:
a network unit configured to communicate with a data processing and/or transmission entity (Fig. 1, [0018] - - control station 2);
a plurality of sensor units in communication with each other and to the network unit (Fig. 1, [0018] - - field devices are sensor units), each of the plurality of sensor units including a control and communication unit comprising a processing unit, a memory device storing software configured to execute on the processing unit (Fig. 1, [0020] - - program memory) and an interface element (Fig. 1, [0018] - - radio interfaces); and
a communication channel connecting the plurality of sensor units and the network unit (Fig. 1, [0018] - - transmission links), wherein:
the memory device comprises a non-volatile memory device and a volatile memory device ([0013] - - non-volatile memory and volatile memory),
the software includes a management application managing operation of the sensor unit on which the software is stored and a service application enabling the processing unit to receive the management application ([0013] - - boot-loader is stored in a non-volatile memory, boot-loader is a service application; [0020] - - application specific software is a management application, after booting, the control station transmits to the field device application specific software),
the service application is stored in the non-volatile memory device and is configured to start automatically when the checking system starts up, and the management application is transmitted from the data processing and/or transmission entity and written to the volatile memory device every time the checking system starts up ([0013] - - boot-loader is stored in a non-volatile memory; boot-loader is a service application; [0020] - - application specific software is a management application, after booting, the control station transmits to the field device application specific software).
Regarding claim 2, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger further teaches: the management application is distributed by the network unit to each of the plurality of sensor units each time the checking system starts up ([0020] - - after booting, the control station transmits to the field device application specific software).
Regarding claim 3, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger further teaches: the communication channel is an Ethernet communication channel ([0021] - - internet).
Regarding claim 6, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger further teaches: the control and communication unit is built into each of the plurality of sensor units (Fig.1).
Regarding claim 7, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger further teaches: the control and communication unit is connected to each of the plurality of sensor units via a connection element. ([0007] - - the functional unit is an externally connectable tool, the functional unit exchanging data via the communication medium; the functional unit maps to a control and communication unit).
Regarding claim 9, Budmiger teaches: a checking method for checking an industrial production process and/or characteristics of a workpiece using a checking system comprising a network unit (Fig. 1, [0018] - - control station 2) configured to communicate with a data processing and/or transmission entity and a plurality of sensor units (Fig. 1, [0018] - - field devices are sensor units) in communication with each other and to the network unit via a communication channel (Fig. 1, [0018] - - transmission links), each of the plurality of sensor units including a control and communication unit comprising a processing unit, a memory device that comprises a non-volatile memory device and a volatile memory device and that stores a software including a service application and a management application ([0013] - - boot-loader is stored in a non-volatile memory, boot-loader is a service application, program memory is volatile memory; application specific software is a management application), and an interface element (Fig. 1, [0018] - - radio interfaces), the method comprising:
starting the checking system;
automatically starting the service application that is stored in the non-volatile memory device ([0020] - - boot-loader software booting the field device);
causing, via the service application, the control and communication unit to wait for the management application transmitted from the data processing and/or transmission entity to be received through the communication channel ([0020] - - after booting, the control station transmits to the field device application specific software);
storing the management application on the volatile memory device ([0020], [0013] - - the field device temporarily stores the application specific software in the data memory which is volatile memory); and
executing the management application via the processing unit until the checking system turns off ([0020] - - during subsequent operation, the field device operates on the basis of the application specific software).
Regarding claim 12, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger further teaches: implementing, after the checking system starts up, a self learning phase in which the network unit queries all the plurality of sensor units to detect the number and/or type of the plurality of sensor units ([0020] - - upon booting, the filed device transmits device-specific information e.g. identifier, to the control station; thus the control station learns all identifiers of the field devices).
Regarding claim 13, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger further teaches: the management application received by the control and communication unit is distributed by the network unit ([0020] - - the control station transmits to the field device application specific software).
Regarding claim 15, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger further teaches: the management application received by the control and communication unit selectively enables at least one function of each of the plurality of sensor units ([0004] - - parameter information, e.g. measured value range, selectively enables a function of the field device).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Budmiger US 2005/0164684 (hereinafter Budmiger) in view of SUYAMA et al. US 2009/0033412 (hereinafter SUYAMA).
Regarding claim 4, Budmiger teaches all the limitations of the base claims as outlined above.
But Budmiger does not explicitly teach: the Ethernet communication channel implements up to the layer 2 protocol of the ISO/OSI (International Standardization Organization/Open Systems Interconnection) reference model.
However, SUYAMA teaches:
the Ethernet communication channel implements up to the layer 2 protocol of the ISO/OSI (International Standardization Organization/Open Systems Interconnection) reference model ([0038] - - the Ethernet is specified on the physical layer and the data link layer, which are the lowest two layers of the OSI reference model).
Budmiger and SUYAMA are analogous art because they are from the same field of endeavor. They all relate to communication system.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Budmiger, and incorporating implementing two layers of OSI model, as taught by SUYAMA.
One of ordinary skill in the art would have been motivated to do this modification in order to improve remote monitoring, as suggested by SUYAMA ([0007]).
Regarding claim 5, the combination of Budmiger and SUYAMA teaches all the limitations of the base claims as outlined above.
SUYAMA further teaches: a proprietary protocol is implemented for the upper layers of the ISO/OSI reference model ([0038] - - ethernet protocol and TCP/IP protocol).
Budmiger and SUYAMA are combinable for the same rationale as set forth.
Claims 8, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Budmiger US 2005/0164684 (hereinafter Budmiger) in view of Ikeda US 2010/0325623 (hereinafter Ikeda).
Regarding claim 8, Budmiger teaches all the limitations of the base claims as outlined above.
Budmiger teaches:
execute the management application until the checking system turns off ([0020] - - during subsequent operation, the field device operates on the basis of the application specific software).
But Budmiger does not explicitly teach:
the management application includes a plurality of code packages including a first code package; and the control and communication unit of each of the plurality of sensor units is configured to:
enter a waiting state, after the automatic start of the service application, to wait for the management application to be received through the communication channel;
switch from the waiting state to a receiving state, after reception of the first code package of the management application, in which all of the plurality of code packages following the first code package of the management application are received and written to the volatile memory device of the control and communication unit; and
However, Ikeda teaches:
the management application includes a plurality of code packages including a first code package ([0053] - - multiple transmission packets); and the control and communication unit of each of the plurality of sensor units is configured to:
enter a waiting state, after the automatic start of the service application, to wait for the management application to be received through the communication channel (Fig. 5, [0052] - - wait to receive the update software transmitted);
switch from the waiting state to a receiving state, after reception of the first code package of the management application, in which all of the plurality of code packages following the first code package of the management application are received and written to the volatile memory device of the control and communication unit (Fig. 5, [0053] - - after receiving a first transmission packet, the first transmission packet is copied to storage media, it is a design choice that this storage media is a volatile memory; when the reception of all packets is completed, software is copied to RAM);
Budmiger and Ikeda are analogous art because they are from the same field of endeavor. They all relate to updating software.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Budmiger, and incorporating waiting and receiving state, as taught by Ikeda.
One of ordinary skill in the art would have been motivated to do this modification in order to improve updating software, as suggested by Ikeda ([0014]).
Regarding claim 10, Budmiger teaches all the limitations of the base claims as outlined above.
But Budmiger does not explicitly teach:
the management application includes a plurality of code packages including a first code package;
causing the control and communication unit to wait for the management application to be received defines a waiting state of each of the plurality of sensor units;
storing the management application on the volatile memory device defines a receiving state of each of the plurality of sensor units;
each of the plurality of sensor units remains in the waiting state until the first code package of the management application is received; and
after receiving the first code package of the management application, each of the plurality of sensor units switches to the receiving state to wait for all of the plurality of code packages following the first code package until all of the plurality of code packages have been received.
However, Ikeda teaches:
the management application includes a plurality of code packages including a first code package ([0053] - - multiple transmission packets);
causing the control and communication unit to wait for the management application to be received defines a waiting state of each of the plurality of sensor units (Fig. 5, [0052] - - wait to receive the update software transmitted);
storing the management application on the volatile memory device defines a receiving state of each of the plurality of sensor units (Fig. 5, [0053] - - after receiving a first transmission packet, the first transmission packet is copied to storage media, it is a design choice that this storage media is a volatile memory);
each of the plurality of sensor units remains in the waiting state until the first code package of the management application is received (Fig. 5, [0052] - - wait to receive the update software transmitted); and
after receiving the first code package of the management application, each of the plurality of sensor units switches to the receiving state to wait for all of the plurality of code packages following the first code package until all of the plurality of code packages have been received (Fig. 5, [0053] - - when the reception of all packets is completed, software is copied to RAM).
Budmiger and Ikeda are analogous art because they are from the same field of endeavor. They all relate to updating software.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Budmiger, and incorporating waiting and receiving state, as taught by Ikeda.
One of ordinary skill in the art would have been motivated to do this modification in order to improve updating software, as suggested by Ikeda ([0014]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Budmiger US 2005/0164684 (hereinafter Budmiger) in view of Navy et al. US 2012/0117365 (hereinafter Navy).
Regarding claim 11, Budmiger teaches all the limitations of the base claims as outlined above.
But Budmiger does not explicitly teach: checking, after reception of the management application, the integrity of the management application.
However, Navy teaches:
checking, after reception of the management application, the integrity of the management application ([0005] - - after receiving code, check if the checksum is correct, this is checking integrity of the code).
Budmiger and Navy are analogous art because they are from the same field of endeavor. They all relate to communication system.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Budmiger, and incorporating checking integrity of the application, as taught by Navy.
One of ordinary skill in the art would have been motivated to do this modification in order to ensure the code is correct, as suggested by Navy ([0011]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Budmiger US 2005/0164684 (hereinafter Budmiger) in view of Ito et al. US 2005/0101296 (hereinafter Ito).
Regarding claim 14, Budmiger teaches all the limitations of the base claims as outlined above.
But Budmiger does not explicitly teach: the management application distributed by the network unit is stored in another non-volatile memory device within the network unit.
However, Ito teaches:
the management application distributed by the network unit is stored in another non-volatile memory device within the network unit (Fig. 1, Fig. 7, [0062], [0064] - - the non-volatile memory in communication management server stores a management program to be transmitted to each mobile station).
Budmiger and Ito are analogous art because they are from the same field of endeavor. They all relate to communication system.
Therefore before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the above method, as taught by Budmiger, and incorporating non-volatile memory device within the network unit, as taught by Ito.
One of ordinary skill in the art would have been motivated to do this modification in order to improve managing communication, as suggested by Ito ([0011]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUHUI R PAN whose telephone number is (571)272-9872. The examiner can normally be reached Monday-Friday 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YUHUI R PAN/Primary Examiner, Art Unit 2116
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