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 .
Information Disclosure Statement
The information disclosure statements (IDSes) submitted on 10/17/2024 and 06/05/2025 are being considered by the examiner.
Claim Objections
Claim 4 is objected to because of the following informalities: “display, a display device being operated …” should be “display, on a display device being operated ….” Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “the qualified site worker …” should be “the credentialed site worker ….” Appropriate correction is required.
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, 2, 14, and 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception without significantly more. That is, the judicial exception is not integrated into a practical application as discussed below.
Claim 1 is rejected under 35 U.S.C. 101 because, while independent claim 1 falls within a statutory class of a machine (i.e., claim 1 passes Step 1 of the § 101 analysis, see MPEP § 2106.03.II), under Step 2A of the § 101 analysis, claim 1 recites a judicial exception without integrating the judicial exception into a practical application (i.e., fails Step 2A of the § 101 analysis). See MPEP § 2106.04.
Specifically, claim 1 recites “display a plant model on a display device…,” “receive an operation of a user on the plant model …,” and “display, on the display device being operated by the user, information corresponding to a role of the user and the operation of the user.” The claimed displaying and receiving are abstract ideas because they can be performed mentally and/or is a method for organizing human activity. See MPEP § 2106.04(a)(2).II and III. Here, although “displaying” on a display device is not a meta process, the acquiring and dissemination of information corresponding to a role performed by the user can be performed mentally by a human, for example, by using a pen and paper and/or the claimed displaying and receiving are steps used to organize human activity such as, for example, providing instructions for a user to follow (“information corresponding to a role of the user and the operation of the user”).
Further, claim 1 does not recite any additional elements that integrate the abstract idea discussed above into a practical application. For example, claim 1 does not positively recite claimed and thus does not integrate the claimed selecting into a practical application. See MPEP § 2106.04(d). While the claim recites a processor to perform the claimed displaying and receiving of information, the claim still recites a judicial exception while merely adding the words “apply it” in a computer, which does not integrate the judicial exception into a practical application. See MPEP § 2106.05(f).
In addition, the claim does not recite any improvement to the relevant technology. That is, the claimed displaying and receiving does not “improve[] the functioning of a computer or improve[] another technology or technical field” and thus the claim still recites an abstract idea that does not integrate the judicial exception into a practical application. See MPEP § 2106.04(d)(1).
Finally, claim 1 also fails under Step 2B of the § 101 analysis because claim 1 fails to recite any additional elements that “amount to significantly more than the judicial exception itself.” See MPEP § 2106.05. Even assuming, arguendo, that the claimed displaying and receiving is a new idea, the claimed displaying and receiving is still an abstract idea, as discussed above, and thus does not amount to “significantly more.” See MPEP § 2106.05 (“a claim for a new abstract idea is still an abstract idea” quoting Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1151, 120 USPQ2d 1473, 1483 (Fed. Cir. 2016), emphasis original).
Independent claims 14 and 15 recite similar subject matter as that discussed above in claim 1 and thus are rejected under 35 U.S.C. 101 for the reasons given above with respect to claim 1.
Claim 2 recites configuring a processor to “control” information in different ways based on the role of the user. For reasons similar to those given above with respect to claim 1, claim 2 recites an abstract idea that can be performed mentally and/or is a method for organizing human activity without integrating the judicial exception into a practical application.
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.
Claims 1-7, 9-10, 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No 2019/0129675 to Katsuhiro Ochiai (“Ochiai”).
Regarding claim 1:
A plant management device (Ochiai discloses a plant management apparatus 210. Ochiai at par. [0097] and Figs. 2A and 5A.) comprising:
a memory; and at least one processor coupled to the memory (Ochiai discloses that any apparatus of the plant management system 200, which will include the plant management apparatus 210, includes a processor and a memory. Ochiai at par. [0124].), the at least one processor performing operations to:
display a plant model on a display device, the plant model being an image of a facility included in a plant (Ochiai discloses that the plant management apparatus 210 presents information (e.g., an image of a part 240 (“facility”) along with the relevant sensor information) to the on-site worker 250 on terminal 220. Ochiai at pars. [0097]-[0099] and Figs. 2A-2B and 5A-5B. In addition, Ochiai discloses that terminal 220 sends information to the plant management apparatus 210 that is then analyzed and sent to central terminal 310, where sensor information is monitored. Ochiai at pars. [0089]-[0090], [0132]-[0133], and [0271]-[0273] and Figs. 2A-2B, 3, 5A-5B, and 23. The management center includes management center terminal 310. Ochiai at par. [0089] and Fig. 3.);
receive an operation of a user on the plant model displayed by the display device (Ochiai discloses that the on-site worker 250 can input associated information such as images and/or the on-site situation that is then sent to the plant management apparatus 210. Ochiai at pars. [0097]-[0098]. In addition, Ochiai disclose the manager 360 provides instructions based on sensor information corresponding to, e.g., part 240. Ochiai at pars. [0089]-[0090], [0132]-[0133], and [0271]-[0273] and Figs. 2A-2B, 3, 5A-5B, and 23.), and
display, on the display device being operated by the user, information corresponding to a role of the user and the operation of the user (Ochiai discloses that the on-site worker terminal 220 will receive work instructions from the plant management apparatus 210. Ochiai at pars. [0302]-[0304] and Fig. 27. Ochiai also discloses that the management center terminal 310 receives information regarding an abnormality in the plant form plant management system 210. Ochiai at pars. [0089]-[0090] and Figs. 3 and 5A-5B. Note: the main difference between the plant management system 300 and the plant management system 200 (invention in Ochiai) is that the plant management system 200 receives associated information corresponding to the plant sensors, which allows for better abnormality analysis. Ochiai at [0097] and Fig. 2A. Accordingly, the manager 360 at terminal 310 will still receive abnormality information from the plant management system – but with more detailed sensor information. Therefore, the terminals 220 and 310 will respectively receive role information corresponding to an on-site worker and a manager.).
Regarding claim 2: The plant management device according to claim 1, wherein the at least one processor further performs operation to:
control in such a way that the information is different based on a type set according to a case where the role of the user is an operator of the plant and a case where the role of the user is a site worker of the plant (Ochiai discloses that the on-site worker terminal 220 will receive work instructions from the plant management apparatus 210. Ochiai at pars. [0302]-[0304] and Fig. 27. Ochiai also discloses that the management center terminal 310 receives information regarding an abnormality in the plant. Ochiai at pars. [0089]-[0090] and Fig. 3. Note that the difference between the plant management system 300 and the plant management system 200 (invention in Ochiai) is in the collection of associated information, which is then used along with the sensor information for plant analysis. Ochiai at par. [0097] and [0124]-[0133] and Figs. 2A and 5A-5B. Accordingly, depending on the role of the user at a display, manager or on-site worker, the information will be different.).
Regarding claim 3: The plant management device according to claim 1, wherein the at least one processor further performs operation to:
receive an operation of selecting an object included in the plant model (Ochiai discloses that sensors are selected based on the on-site worker’s position in the plant. Ochiai at pars. [0105]-[0106] and Figs. 2A and 2B.), and
display, on the display device being operated by the user, operation information regarding a specific facility indicated by the selected object (Ochiai discloses that terminal 220 for the on-site worker displays sensor information and associated information (“operation information”) corresponding to a part 240, which can be a pipe, (“specific facility”). Ochiai at pars. [0097]-[0099] and [0104]-[0107] and Figs. 2A-2B. In addition, sensor information, including associated information (e.g. “position information, image information, sound information, or the like”), is sent from the terminal 220 is sent to plant management apparatus 210 for analysis, which will then be displayed on terminal 310. Ochiai at pars. [0089]-[0090], [0129]-[0133], and Figs. 3 and 5A-5B.), and wherein
the operation information regarding the specific facility differs between a case where the role of the user is an operator of the plant or a case where the role of the user is a site worker of the plant (Ochiai discloses that the on-site worker terminal 220 will receive work instructions from the plant management apparatus 210. Ochiai at pars. [0302]-[0304] and Fig. 27. Ochiai also discloses that the management center terminal 310 receives information regarding an abnormality in the plant based on information from the sensors and associated information. Ochiai at pars. [0089]-[0090] and [0129]-[0134] and Figs. 3 and 5A-5B. Accordingly, depending on the role of the user at the display, manager or on-site worker, the information will be different.).
Regarding claim 4: The plant management device according to claim 3, wherein the at least one processor further performs operation to:
receive an input of information regarding an abnormality of the specific facility from a display device operated by the site worker of the plant (Ochiai discloses that, along with sensor information, associated information (e.g. “position information, image information, sound information, or the like”) from the terminal 220 is sent to plant management apparatus 210 for analysis to determine if there is an abnormality. Ochiai at pars. [0129]-[0133] and Figs. 5A-5B.), and
display, a display device being operated by the operator of the plant, the input information regarding the abnormality and the information regarding the specific facility (Ochiai also discloses that the management center terminal 310 receives information regarding an abnormality in the plant based on information from the sensors and associated information. Ochiai at pars. [0089]-[0090] and [0129]-[0134] and Figs. 3 and 5A-5B.).
Regarding claim 5: The plant management device according to claim 4, wherein
the information regarding the specific facility includes at least one of a repair history of the specific facility, a sensor trend value of a sensor related to the specific facility, and failure estimation data indicating a sign of failure of the specific facility (Ochiai discloses that the plant management apparatus 210 includes analysis tools that registers each facility and accumulates its history in order to generate a maintenance operation to find or predict a failure or prevent occurrence of a failure. Ochiai at par. [0132]; see also pars. [0098]-[0099], [0112], [0119], [0245], and [0290].).
Regarding claim 6: The plant management device according to claim 1, wherein the at least one processor further performs operation to:
receive an input of instruction information including a content of work from a display device operated by the operator of the plant (Ochiai discloses that the on-site worker terminal 220 receives work instructions plant management apparatus 210. Ochiai at pars. [0302]-[0304] and Fig. 27. The instructions will be initiated by the manager 360 via the management center terminal 310. Ochiai at par. [0089]-[0090].), and
display, on the display device being operated by the site worker of the plant, the input instruction information (Terminal 220 shows work instructions to the on-site worker. Ochiai at pars. [0302]-[0304] and Fig. 27.).
Regarding claim 7: The plant management device according to claim 6, wherein the at least one processor further performs operation to:
perform, on the display device being operated by the operator, a notification for prompting issuance of a work procedure manual corresponding to the work in a case where the work procedure manual of the work in the input instruction information is not set (Ochiai discloses that the manager 360 sends instructions to the on-site worker via the management center terminal 310. Ochiai at par. [0089]-[0090]. Fig. 27 shows that the instructions can include work instructions in the form of procedures (e.g., “Production Run – Step 3 1. Check the belt tension ….”) and thus discloses a “work procedure manual.”).
Regarding claim 9: The plant management device according to claim 6, wherein the at least one processor further performs operation to:
perform notification of the instruction information on a display device operated by a person in charge of a facility for the work among a plurality of the site workers (Ochiai discloses that the instructions to the on-site worker will be initiated by the manager 360 via the management center terminal 310. Ochiai at par. [0089]-[0090].), and
display, on a display device being operated by the person in charge, the instruction information (Ochiai discloses that the manager 360 uses the management center terminal 310 to send the instruction. Ochiai at par. [0089]-[0090].).
Regarding claim 10: The plant management device according to claim 9, wherein the at least one processor further performs operation to:
notify the instruction information to a display device being operated by another person in charge of a facility related to the facility for the work (Ochiai discloses that the instructions from the manager 360 are sent to the on-site worker on the corresponding site (referred to in Ochiai as operator 350), who is a person different from the manager 360. Ochiai at par. [0089]-[0090].), and
display, on the display device being operated by the another person in charge, the instruction information (Ochiai discloses that the on-site worker receives work instructions that can be displayed on terminal 220. Ochiai at pars. [0089]-[0090] and [0302]-[0304] and Fig. 27.).
Regarding claim 12: The plant management device according to claim 6, wherein the at least one processor further performs operation to:
receive extraction information being information extracted from an image captured by the display device operated by the site worker, the extraction information being is information extracted from a marker included in the image, the extraction information including information indicating at least any facility included in the plant (Ochiai discloses that the plant management system includes a position acquirer that extracts a position information (“extraction information”) of the terminal from an image. Ochiai at pars. [0081] and [0336]. The position information of the terminal is received by the plant management apparatus 210. The information in the image corresponding to the position of the terminal is the “marker.”), and
display on the display device being operated by the site worker, a plant model indicating a facility indicated by the extraction information (Ochiai at par. [0226] and Fig. 16, part 240 is shown on display 1621.).
Regarding claim 13: The plant management device according to claim 12, wherein the at least one processor further performs operation to:
display on a display device being operated by the site worker, information indicating whether the facility indicated by the extraction information is a facility for the work (Ochiai at par. [0252] and Fig. 20, display 2020 shows the abnormality graph and normal graph for part 240.).
Regarding claim 14:
A plant management method (Ochiai at par. [0002].) comprising:
displaying a plant model on a display device, the plant model being an image of a facility included in a plant; receiving an operation of a user on the plant model displayed by the display device; and displaying, on the display device being operated by the user, information corresponding to a role of the user and the operation of the user (Please see analysis in claim 1.).
Regarding claim 15:
A non-transitory computer-readable storage medium storing a program (Ochiai at par. [0319].) causing a computer to execute:
displaying a plant model on a display device, the plant model being an image of a facility included in a plant; and receiving an operation by a user on the plant model displayed by the display device, wherein displaying, on the display device being operated by the user, information corresponding to a role of the user and the operation of the user (Please see analysis in claim1.).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ochiai in view of U.S. Patent Application No. 2002/0194160 to Garrow et al. (“Garrow”). .
Regarding claim 8: The plant management device according to claim 6, wherein the at least one processor further performs operation to:
perform, on the display device being operated by the operator, a notification indicating that an action conforming to a law is required according to a type of a facility for the work (As discussed above, Ochiai discloses that the management center terminal 310 receives information regarding an abnormality in the plant based on information from the sensors and associated information. Ochiai at pars. [0089]-[0090] and [0129]-[0134] and Figs. 3 and 5A-5B. Ochiai does not explicitly disclose the claimed “notification indicating that an action conforming to a law is required.” However, Garrow discloses maintaining a database of configurations of mechanical equipment (including maintenance, repair, or overhaul work) to facilitate “legal compliance.” Garrow at pars. [0004], [0006], [0011], and [0057]. Garrow is directed to the problem faced by the inventor, which is conforming to the law when working on equipment that may be regulated by law. See Present specification at par. [0156]. Accordingly, Garrow qualifies as analogous art. See MPEP 2141.01(a). It would have been obvious and one skilled in the art would have been motivated to incorporate the system of Garrow in the system of Ochiai in order to “manag[e] information on parameters of the mechanical equipment to facilitate the maintenance of safety, legal compliance, performance, and reliability of the mechanical equipment.” Garrow at par. [0011]. Because both Ochiai and Garrow relate to managing databases, there would have been a reasonable chance of success. See MPEP 2143.I.G.)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ochiai in view of U.S. Patent Application Publication No. 2022/0128974 to Fukami et al. (“Fukami”).
Regarding claim 11: The plant management device according to claim 6, wherein the at least one processor further performs operation to:
notify the instruction information to a display device being operated by a site worker having a credential necessary for the work among a plurality of the site workers, and display, on the display device being operated by the qualified site worker, the instruction information (Ochiai discloses that the on-site worker terminal 220 will receive work instructions from the plant management apparatus 210, which are displayed on the terminal 220. Ochiai at pars. [0302]-[0304] and Fig. 27.
Although arguably inherent or implicit, Ochiai does explicitly disclose that the on-site worker that receives the instructions is a “worker having a credential necessary for the work” or is a “qualified site worker.” But this feature is rendered obvious as disclosed below.
notify the instruction information to a display device being operated by a site worker having a credential necessary for the work among a plurality of the site workers (In a same field of endeavor, plant monitoring and control (and thus analogous art), Fukami discloses maintaining a database with identification information with members having “operation authority” to do the work among a plurality of members (“site worker having a credential necessary for the work among a plurality of the site workers”) and (“qualified site worker”). Fukami at pars. [0008]-[0009] and [0089]. It would have been obvious and one skilled in the art would have been motivated to include a database with persons having “operation authority” to do the work in order to facilitate “work substitution from among persons having operation authority” “so that optimum monitoring and control can be performed by the cooperation.” Fukami at pars. [0010] and [0089]. Because both Ochiai and Fukami relate to plant monitoring and control, there is a reasonable chance of success. See MPEP 2143.I.G. )
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 12,165,089 to Perrotta, Jr. et al. discloses a 3D work space to track, manage, and view assets of a business.
U.S. Patent Application Publication Np. 2023/0274215 to Maturana et al. discloses a system to monitor and manage control operations at a plant level.
U.S. Patent Application Publication No. 2023/0205857 to Sato et al. discloses authenticating worker before authorizing the worker to perform activity.
U.S. Patent Application Publication No. 2021/0255606 to Caruso et al. discloses use of bar codes to identify factory equipment.
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/B.K./Examiner, Art Unit 2116
/CHAD G ERDMAN/Primary Examiner, Art Unit 2116
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