Prosecution Insights
Last updated: October 02, 2026
Application No. 18/857,968

PRODUCTION MANAGEMENT DEVICE, PRODUCTION MANAGEMENT METHOD, AND PROGRAM

Non-Final OA §101§103§112
Filed
Oct 18, 2024
Priority
Apr 22, 2022 — JP 2022-070825 +1 more
Examiner
XU, PETER
Art Unit
Tech Center
Assignee
Hitachi Ltd.
OA Round
1 (Non-Final)
0%
Grant Probability
At Risk
1-2
OA Rounds
10m
Est. Remaining
0%
With Interview

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 1 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
28 currently pending
Career history
26
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
71.3%
+31.3% vs TC avg
§102
3.8%
-36.2% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1 resolved cases

Office Action

§101 §103 §112
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 . This action is in response to the applicant’s communication filed on 10/18/2024 Claims 1-14 are pending Specification Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. Claim Objections Claims 3 and 4 are objected to because of the following informalities: claims 3 and 4 state “a plurality pieces”, which should be corrected to “a plurality of pieces”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-5, 8-11, and 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 5 and 10, the phrase "or the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Claim 1 recites the limitations "the first production plan information" in line 10, “the first process plan information” in line 11, “the first resource control information” in line 12, “the second process plan information” in line 13, and “the second resource control information” in line 13. There is insufficient antecedent basis for these limitations in the claim. Claims 2 recites the limitations "the second production plan information" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 8 recites the limitation "the production resource" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. Claims 9 recites the limitations "the production resource" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim. Claims 10 recites the limitations "the production KPI" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 11 recites the limitations "the first production plan information" in line 11, “the first process plan information” in line 11, “the first resource control information” in line 12, “the second process plan information” in line 13, and “the second resource control information” in line 13. There is insufficient antecedent basis for these limitations in the claim. Claim 13 recites the limitations "the first production plan information" in line 12, “the first process plan information” in line 13, “the first resource control information” in line 14, “the second process plan information” in line 15, and “the second resource control information” in line 15. There is insufficient antecedent basis for these limitations in the claim. The dependent claims are also rejected under 35 U.S.C. § 112 as they inherit all of the characteristics of the claim from which they depend and none of the dependent claims provide a cure for the indefiniteness of the parent claims. 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 13-14 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claims 13 and 14 are directed to a computer program per se. Although the claims recite that the program causes a computer to function as a production management device, the claimed subject matter itself is the “program” rather than the computer or a physical computer-readable storage medium containing the program. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because software expressed as code or a set of instructions detached from any medium is an idea without physical embodiment. A computer program per se, when claimed as a product without structural recitations, has no physical or tangible form and does not fall within any of the four statutory categories of patent-eligible subject matter. (see MPEP 2106.03 Eligibility Step 1: The Four Categories of Statutory Subject Matter). 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. Claim(s) 1-7, and 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. USPGPUB 2003/0220828 A1 (hereinafter Hwang) in view of Suh USPGPUB 2005/0171629 A1 (hereinafter Suh). Regarding claim 1, Hwang teaches a production management device (Par. [0147], “the scheduling 704 system may determine an optimized polymer production schedule and provide the optimized schedule to a control 706 system”; Par. [0065], “the computer system(s) 502 may take various forms, including a personal computer system, mainframe computer system, workstation, network appliance, Internet appliance or other device. In general, the term "computer system" can be broadly defined to encompass any device having a processor which executes instructions from a memory medium.”), performing production management of products using production plan information of products (Par. [0147], “the scheduling 704 system may determine an optimized polymer production schedule and provide the optimized schedule to a control 706 system. The control system 706 may control or manage the polymer production process 710 in accordance with optimized schedule.” – the optimized polymer production schedule corresponds to the production plan information used to manage production of the polymer products.), process plan information pertaining to a production process of products (Par. [0161], “In a discrete process, the scheduling task may be focused on determining the particular steps that must be taken in order to assemble the final product. In a batch process, the scheduling task may be focused on determining the assignment of tasks to units in order to achieve the necessary processing steps to create the desired products” – the particular production steps and assignment of tasks to units correspond to the process plan information pertaining to the production process.), and resource control information defining operation of production resources which are manufacturing equipment (Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process. It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the processing line used to manufacture the polymer products corresponds to a production resource which is manufacturing equipment, and the set points and desired trajectories defining how the process is operated correspond to the resource control information.), wherein if a deviation occurs between a production plan of products and actual production results that indicate the progress of production (Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created.” – the optimized production schedule corresponds to the production plan, the actual outcomes of the process correspond to the actual production results indicating the progress of production, and the actual production deviating from the schedule corresponds to the deviation between he production plan and the actual production results.), in the course of the production management carried out using the first production plan information (Par. [0152], “Once a schedule is generated, it can be viewed as a static plan that is executed over the time horizon. As time progresses, the orders on the schedule are manufactured as indicated on the schedule” – the existing schedule being executed when the deviation occurs corresponds to the first production plan information.), the first process plan information and the first resource control information (Par. [0160], “decomposition includes, from the top down, planning 1002, scheduling 1004, real time optimization 1008, advanced control 1010, and regulatory control 1012. The decision flow may be from the top down as decisions made at the higher layer are used by the lower level task”; Par. [0161], “the scheduling task may be focused on determining the particular steps that must be taken”; Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process” – the production steps associated with the existing schedule correspond to the first process plan information, and the set points determined from that schedule correspond to the first resource control information.), a determination is made to use the second process plan information and the second resource control information (Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible ... Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B” – the alternative transition path corresponds to the second process plan information and the associated operating conditions correspond to the second resource control information; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0098], “such a scheduling system may evaluate the outcomes of a fast transition that is costly, a slow transition that is inexpensive, and the option of shutting down the line and restarting to make a grade transition, and choose an optimized transition path 406.” – the scheduler’s evaluation of the different transition options and choice of an optimized transition path corresponds to the determination to use the second process plan information, and the operating conditions associated with the selected transition path correspond to the second resource control information.). Hwang does not explicitly teach that the second process plan information and the second resource control information are different from the first process plan information and the first resource control information, and are used instead of the first process plan information and the first resource control information. However, Suh teaches that the second process plan information and the second resource control information are different from the first process plan information and the first resource control information (Par. [0030], “The process planner receives from the input manager the property value of the machining feature and determines a process sequence, a machining task, a jig, a setup and a cutter that are required for the manufacturing of the machining feature”; Par. [0051], “the decision maker selects the next working step according to the PSG that represents the nonlinear process plan … the executor accesses the tool-path DB and loads a corresponding tool-path. Thereafter, the executor converts the tool-path into a command for NCK/PLC”; Par. [0052], “In case a broken tool is detected, the monitor stops the operation and drives an emergency handling mechanism”; Par. [0052], “The decision maker checks whether an available alternative tool exists in the machining resource DB. If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume. The size of the alternative cutter may be different from that of the original cutter” - the alternative tool corresponds to process plan information different from the information specifying the original tool, and the new tool-path corresponds to resource control information different from the corresponding tool-path used for the stopped operation.), and are used instead of the first process plan information and the first resource control information (Par. [0051], “the decision maker selects the next working step according to the PSG that represents the nonlinear process plan … the executor accesses the tool-path DB and loads a corresponding tool-path”; Par. [0052], “In case a broken tool is detected, the monitor stops the operation”; Par. [0023], “if the emergency is related to a damage of a tool, the emergency handler retreats the damaged tool and checks whether there exists an alternative tool in the tool magazine by using the machining resource DB. If the alternative tool is found, the machining process is resumed by using the found alternative tool.”; Par. [0052], “If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume” – the operation using the original tool and corresponding tool-path is stopped, the damaged original tool is retreated, and machining is resumed using the alternative tool and a new tool-path, corresponding to using the second process plan information and second resource control information instead of the first process plan information and first resource control information.). Hwang and Suh are analogous art because they are from the same field of endeavor and contain functional similarities. They both relate to computer-controlled manufacturing systems that use process-planning and control information to control manufacturing operations and manufacturing equipment. Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above production management system that determines a new production schedule when actual production deviates from the existing production schedule, as taught by Hwang, and incorporate determining to use alternative process plan information and corresponding new resource control information instead of the original process plan information and resource control information, as taught by Suh. One of ordinary skill in the art would have been motivated to improve the ability to cope with varying conditions and unexpected changes occurring during production, as suggested by Suh (Par. [0006] – [0007]). Regarding claim 2, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang further teaches wherein the second process plan information and the second resource control information are used to create the second production plan information as a change proposal of the production plan (Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible ... Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B with minimal transition time (t2)” – the alternative transition path corresponds to the second process plan information, and the associated operating conditions correspond to the second resource control information; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707” – the second process plan information and second resource control information are used to create the optimized schedule; Par. [0186], “updated optimization input information may be received, the optimizer may execute the model using the received updated optimization input information to generate an updated optimized polymer production schedule” – the updated optimized polymer production schedule corresponds to the second production plan information as a change proposal of the production plan.) such that a predetermined production KPI (Key Performance Indicator) is maximized (Par. [0172], “a Large-Step Markov Chain algorithm may be used as part of a polymer scheduling system to determine or generate schedules that sequence manufacturing or production orders to achieve specified goals, such as, for example, to maximize gross profit margin”; Par. [0185], “the optimized polymer production schedule may sequence manufacturing orders to meet a specified objective, such as, for example, to maximize gross profit margin, or to accomplish some other goal of the polymer production enterprise.” – the specified gross profit margin objective corresponds to the predetermined production KPI, and the production schedule is generated to maximize the production KPI.). Regarding claim 3, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang further teaches, wherein the process plan information for maximization of the production KPI is selected as the second process plan information from among a plurality pieces of the process plan information (Par. [0014], “During the polymer production process, scheduling decisions must be made as to which manner or transition path should be employed in order to maximize efficiency and profitability”; Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible”; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0098], “such a scheduling system may evaluate the outcomes of a fast transition that is costly, a slow transition that is inexpensive, and the option of shutting down the line and restarting to make a grade transition, and choose an optimized transition path 406.”; Par. [0172], “a Large-Step Markov Chain algorithm may be used as part of a polymer scheduling system to determine or generate schedules that sequence manufacturing or production orders to achieve specified goals, such as, for example, to maximize gross profit margin” – the plurality of transition paths correspond to the plurality pieces of process plan information, and Hwang’s selection of which transition path should be employed in order to maximize efficiency and profitability corresponds to selecting the second process plan information for maximization of the production KPI.). Regarding claim 4, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang further teaches wherein the resource control information for maximization of the production KPI is selected as the second resource control information from among a plurality pieces of the resource control information (Par. [0014], “During the polymer production process, scheduling decisions must be made as to which manner or transition path should be employed in order to maximize efficiency and profitability”; Par. [0055], “One possible transition path 406A may be to discontinue operation of the processing line at time t1, and start operation again after setting the operating conditions of the processing line for the production of the new grade of polymer 404. Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B with minimal transition time (t2). Other transition paths may be possible.”; Par. [0098], “such a scheduling system may evaluate the outcomes of a fast transition that is costly, a slow transition that is inexpensive, and the option of shutting down the line and restarting to make a grade transition, and choose an optimized transition path 406.” – the different operating conditions associated with the plurality of transition paths correspond to the plurality pieces of resource control information, and the operating conditions associated with the selected optimized transition path correspond to the second resource control information selected for maximization of the production KPI.). Regarding claim 5, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang further teaches wherein the production KPI is either a manufacturing cost including at least one of an equipment cost required for an arrangement change of equipment such as production resources and/or the like in a factory layout, a cost to operate a production resource, a ratio of profit to production yield, an outsourcing cost including cost per unit time of a worker and cost of overtime work of a worker, a penalty cost for delayed deliveries of products, and a penalty cost for delayed work, or a production throughput which is a production volume of the products in a predetermined period of time (Par. [0103], “The objective function for the optimization problem may be to minimize the total cost of the production”; Par. [0110], “Late_ Expense may be the expense for delivering an order late.”; Par. [0118], “Late_Expense (S)= … where LateTime is the amount of time that an order is late, and the Unit_Late_Cost is the cost of delivering an order late” – production cost includes a cost for delivering an order late, corresponding to the manufacturing cost including a penalty cost for delayed deliveries of products.), and the second production plan information is created such that either the manufacturing cost takes a lower value or the production throughput takes a higher value (Par. [0126], “system for optimizing polymer production scheduling may employ an objective function calculation defined in a manner as to minimize the total cost of production subject to one or more constraints”; Par. [0200], “the acceptance criteria may include different probability functions, depending on whether the local schedule solution is a better (lower cost) solution than the initial schedule. For example, if the local schedule solution is better than the initial schedule, the probability may be 1, such that any schedule improvement (over the initial schedule) may automatically be accepted” – Hwang expressly evaluates schedule solutions based on lower cost and optimizes the production schedule to minimize the production cost, corresponding to creating the second production plan information such that the manufacturing cost takes a lower value. Hwang’s lower-cost solution satisfies the claimed first alternative.). Regarding claim 6, Hwang teaches a production management device (Par. [0147], “the scheduling 704 system may determine an optimized polymer production schedule and provide the optimized schedule to a control 706 system”; Par. [0065], “the computer system(s) 502 may take various forms, including a personal computer system, mainframe computer system, workstation, network appliance, Internet appliance or other device. In general, the term "computer system" can be broadly defined to encompass any device having a processor which executes instructions from a memory medium.”), comprising: a deviation detection unit that detects a deviation between a production plan of products and actual production results that indicate the progress of production (Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created” – the scheduling system 704 corresponds to the deviation detection unit because the scheduling system tracks execution of the optimized production schedule and compares the actual outcomes of the process with the schedule. The optimized production schedule corresponds to the production plan, and the actual outcomes correspond to the actual production results indicating the progress of production.); a storage unit that stores production plan information of products (Par. [0064], “The one or more computer systems 502 preferably include a memory medium on which computer programs according to the present invention are stored”; Par. [0067], “Various embodiments further include receiving or storing instructions and/or data implemented in accordance with the foregoing description upon a carrier medium”; Par. [0201], “the local schedule may be saved as the current best solution” – the saved schedule corresponds to the production plan information.), process plan information pertaining to a production process of products (Par. [0161], “the scheduling task may be focused on determining the particular steps that must be taken in order to assemble the final product. In a batch process, the scheduling task may be focused on determining the assignment of tasks to units in order to achieve the necessary processing steps to create the desired products” – the particular processing steps correspond to the process plan information pertaining to the production process of products.), and resource control information defining operation of production resources which are manufacturing equipment (Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process. It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the desired trajectories and set points correspond to the resource control information defining operation of the reactor or processing line used for manufacture.); and a plan-coordinating optimization unit that uses the change proposals of the process plan information and the resource control information to create a change proposal of the production plan information (Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible ... Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B” – the alternative transition path corresponds to the change proposal of the process plan information and the associated operating conditions correspond to the change proposal of the resource control information; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0183], “the optimizer, also referred to as a solver or decision generator, may execute a model of a polymer production system using the received optimization input information to generate an optimized polymer production schedule” – the optimizer corresponds to the plan-coordinating optimization unit because the optimizer evaluates and uses the different transition options for the optimal schedule and executes the model to generate the optimized polymer production schedule, corresponding to using the change proposals of the process plan information and the resource control information to create the change proposal of the production plan information.) such that a predetermined KPI (Key Performance Indicator) is maximized (Par. [0185], “the optimized polymer production schedule may sequence manufacturing orders to meet a specified objective, such as, for example, to maximize gross profit margin, or to accomplish some other goal of the polymer production enterprise.” – the specified gross profit margin objective corresponds to the predetermined production KPI, and the production schedule is generated to maximize the production KPI). Hwang does not explicitly teach a plan information generation unit that, upon detection of the deviation, generates change proposals of the process plan information and the resource control information. However, the combination of Hwang and Suh teaches a plan information generation unit that (Hwang, Par. [0062], “The software program(s) may perform various aspects of modeling, prediction, optimization and/or control of the process 504”; Par. [0097], “the optimizer may use the transition model information to explore the different transition options and weigh the economic trade-offs of selecting the different options” – the computer-implemented optimizer corresponds to the plan information generation unit.), upon detection of the deviation (Hwang, Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created.”), generates change proposals of the process plan information and the resource control information (Suh, Par. [0052], “The decision maker checks whether an available alternative tool exists in the machining resource DB. If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume. The size of the alternative cutter may be different from that of the original cutter”; Par. [0052], “the decision maker attempts to find an alternative process sequence according to the non-linear process plan. If the alternative process plan is found, the decision maker selects the next working step and directs the tool-path generator to generate a tool-path” – Suh teaches selecting an alternative process plan for use in response to the detected condition, corresponding to generating a change proposal of the process plan information, and generating a new tool-path corresponding to generating a change proposal of the resource control information.) Hwang and Suh are analogous art because they are from the same field of endeavor and contain functional similarities. They both relate to computer-controlled manufacturing systems that use process-planning and control information to control manufacturing operations and manufacturing equipment. Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above production management system that detects a deviation between actual production and the existing production schedule, as taught by Hwang, and incorporate upon detection of the deviation, finding and selecting alternative process plan information and generating corresponding new resource control information, as taught by Suh. One of ordinary skill in the art would have been motivated to improve the ability to cope with varying conditions and unexpected changes occurring during production, as suggested by Suh (Par. [0006] – [0007]). Regarding claim 7, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang further teaches wherein the plan-coordinating optimization unit uses a change proposal of the process plan information (Par. [0097], “the optimizer may use the transition model information to explore the different transition options and weigh the economic trade-offs of selecting the different options”; Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible” – the optimizer corresponds to the plan-coordinating optimization unit, and the alternative transition path corresponds to the change proposal of the process plan information used by the plan-coordinating optimization unit.), a change proposal of resource control information and the production plan information to perform a production simulation in order to calculate a predicted value of a production throughput which is a production volume of the products in a predetermined period of time (Par. [0055], “Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B” – the alternative operating conditions correspond to the change proposal of resource control information; Par. [0190], “an initial schedule may be received or determined. The initial schedule may be used to seed the optimization process” – the initial schedule corresponds to the production plan information; Par. [0076], “This process model 622 may emulate the input-output behavior of the real process for the purpose of computational experimentation. Examples of types of process models may include, for example, a predictive model, an analytic mode, empirical model, rule-based model, and a simulation, among others” – the process model used for computational experimentation may be a simulation; Par. [0158], “one embodiment of the scheduling system may be employed offline to generate predictions and/or simulations”; Par. [0094], “The scheduling system 704 may determine when, where, and how much of the product to make over some time horizon” – the predicted amount of product to be produced over the time horizon corresponds to the predicted value of the production throughput, which is a production volume of the products in a predetermined period of time.). Regarding claim 9, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang further teaches an output unit that uses the change proposal of the production plan information (Par. [0186], “the optimizer may execute the model using the received updated optimization input information to generate an updated optimized polymer production schedule. The updated optimized polymer production schedule may then be provided to the advanced process control”; Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process. It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the updated optimized polymer production schedule corresponds to the change proposal of the production plan information, and the real-time optimization and advanced process control correspond to the output unit using the change proposal.), the change proposal of the process plan information and the change proposal of the resource control information to generate control instruction information for controlling the production resource (Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0055], “Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B”; Par. [0167], “It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the selected transition option corresponds to the change proposal of the process plan information, the changed operating conditions correspond to the change proposal of the resource control information, and the desired trajectories and set points correspond to the control instruction information for controlling the production resource.), and outputs the control instruction information to the production resource in a production line (Par. [0168], “The information, including set points, may be sent from the advanced process control layer to the regulatory control layer. Each of the decisions from the advanced process control may be used by a single or several regulatory control elements … the decisions that are made result in physical changes to the process, and may be the level where valves are opened and closed to affect changes to the process.”; Par. [0169], “Decisions from the regulatory control may affect the operation of the process and may dictate the outputs of the process”). Regarding claim 10, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang further teaches wherein the production KPI is an evaluation indicator for a manufacturing cost including at least one of an equipment cost required for an arrangement change of equipment such as production resources and/or the like in a factory layout, a cost to operate a production resource, a ratio of profit to production yield, an outsourcing cost including cost per unit time of a worker and cost of overtime work of a worker, a penalty cost for delayed deliveries of products, and a penalty cost for delayed work (Par. [0102], “the optimization for polymer scheduling may be formulated with one or more computational objective functions, with costs of the scheduling scenario subject to constraints”; Par. [0103], “The objective function for the optimization problem may be to minimize the total cost of the production”; Par. [0110], “Late_ Expense may be the expense for delivering an order late.”; Par. [0118], “Late_Expense (S)= … where LateTime is the amount of time that an order is late, and the Unit_Late_Cost is the cost of delivering an order late” – the total production cost objective corresponds to the production KPI for manufacturing cost, and the expense for delivering an order late corresponds to the penalty cost for delayed deliveries of products.), and the plan-coordinating optimization unit uses the change proposals of the production plan information (Par. [0193], “a search space may be determined for the initial schedule specifying a plurality of large scale permutations of the initial schedule”; Par. [0196], “a large scale permutation of the initial schedule may be performed based on the determined search space, thereby generating an intermediate schedule”; Par. [0197], “a local search around the intermediate schedule may be performed to generate a local schedule solution” – the optimizer corresponds to the plan-coordinating optimization unit and the alternative intermediate and local schedule solutions correspond to change proposals of the production plan information.), the process plan information and the resource control information to perform a production simulation (Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0055], “Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B with minimal transition time (t2)” – the different transition options correspond to the process plan information and the operating conditions correspond to the resource control information; Par. [0076], “Examples of types of process models may include, for example, a predictive model, an analytic mode, empirical model, rule-based model, and a simulation, among other” – the process model used by the optimizer may be a simulation.) in order to calculate the production KPI for the manufacturing cost (Par. [0183], “the optimizer may apply the objective and/or constraints during model execution, or alternatively, may apply the objective and/or constraints to results of the model execution”; Par. [0103], “The objective function for the optimization problem may be to minimize the total cost of the production” – the manufacturing-cost objective is calculated using the model execution or its results.). Regarding claim 11, Hwang teaches a production management method for products (Par. [0018], “system and method for optimizing polymer production scheduling … The optimized polymer production schedule is usable to manage polymer production with a polymer production system”), performed by a production management device (Par. [0062], “the system may include one or more computer systems 502 which interact with a process, system or enterprise 504 being modeled, optimized and/or controlled. The computer system 502 may represent any of various types of computer systems or networks of computer systems which execute software program(s) according to various embodiments of the invention. The software program(s) may perform various aspects of modeling, prediction, optimization and/or control of the process 504” – the computer system 502 executing software for scheduling, optimization, and control corresponds to the production management device.) using production plan information of products (Par. [0147], “the scheduling 704 system may determine an optimized polymer production schedule and provide the optimized schedule to a control 706 system. The control system 706 may control or manage the polymer production process 710 in accordance with optimized schedule.” – the optimized polymer production schedule corresponds to the production plan information used to manage production of the polymer products), process plan information pertaining to a production process of products (Par. [0161], “In a discrete process, the scheduling task may be focused on determining the particular steps that must be taken in order to assemble the final product. In a batch process, the scheduling task may be focused on determining the assignment of tasks to units in order to achieve the necessary processing steps to create the desired products” – the particular production steps and assignment of tasks to units correspond to the process plan information pertaining to the production process.), and resource control information defining operation of production resources which are manufacturing equipment (Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process. It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the processing line used to manufacture the polymer products corresponds to a production resource which is manufacturing equipment, and the set points and desired trajectories defining how the process is operated correspond to the resource control information.), wherein the production management device performs a step for, if a deviation occurs between a production plan of products and actual production results that indicate the progress of production (Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created.” – the optimized production schedule corresponds to the production plan, the actual outcomes of the process correspond to the actual production results indicating the progress of production, and the actual production deviating from the schedule corresponds to the deviation between he production plan and the actual production results), in the course of the production management carried out using the first production plan information (Par. [0152], “Once a schedule is generated, it can be viewed as a static plan that is executed over the time horizon. As time progresses, the orders on the schedule are manufactured as indicated on the schedule” – the existing schedule being executed when the deviation occurs corresponds to the first production plan information.), the first process plan information and the first resource control information (Par. [0160], “decomposition includes, from the top down, planning 1002, scheduling 1004, real time optimization 1008, advanced control 1010, and regulatory control 1012. The decision flow may be from the top down as decisions made at the higher layer are used by the lower level task”; Par. [0161], “the scheduling task may be focused on determining the particular steps that must be taken”; Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process” – the production steps associated with the existing schedule correspond to the first process plan information, and the set points determined from that schedule correspond to the first resource control information), determining to use the second process plan information and the second resource control information (Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible ... Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B” – the alternative transition path corresponds to the second process plan information and the associated operating conditions correspond to the second resource control information; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0098], “such a scheduling system may evaluate the outcomes of a fast transition that is costly, a slow transition that is inexpensive, and the option of shutting down the line and restarting to make a grade transition, and choose an optimized transition path 406.” – the scheduler’s evaluation of the different transition options and choice of an optimized transition path corresponds to the determination to use the second process plan information, and the operating conditions associated with the selected transition path correspond to the second resource control information.). Hwang does not explicitly teach that the second process plan information and the second resource control information are different from the first process plan information and the first resource control information, and are used instead of the first process plan information and the first resource control information. However, Suh teaches that the second process plan information and the second resource control information are different from the first process plan information and the first resource control information (Par. [0030], “The process planner receives from the input manager the property value of the machining feature and determines a process sequence, a machining task, a jig, a setup and a cutter that are required for the manufacturing of the machining feature”; Par. [0051], “the decision maker selects the next working step according to the PSG that represents the nonlinear process plan … the executor accesses the tool-path DB and loads a corresponding tool-path. Thereafter, the executor converts the tool-path into a command for NCK/PLC”; Par. [0052], “In case a broken tool is detected, the monitor stops the operation and drives an emergency handling mechanism”; Par. [0052], “The decision maker checks whether an available alternative tool exists in the machining resource DB. If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume. The size of the alternative cutter may be different from that of the original cutter” - the alternative tool corresponds to process plan information different from the information specifying the original tool, and the new tool-path corresponds to resource control information different from the corresponding tool-path used for the stopped operation.), and are used instead of the first process plan information and the first resource control information (Par. [0051], “the decision maker selects the next working step according to the PSG that represents the nonlinear process plan … the executor accesses the tool-path DB and loads a corresponding tool-path”; Par. [0052], “In case a broken tool is detected, the monitor stops the operation”; Par. [0023], “if the emergency is related to a damage of a tool, the emergency handler retreats the damaged tool and checks whether there exists an alternative tool in the tool magazine by using the machining resource DB. If the alternative tool is found, the machining process is resumed by using the found alternative tool.”; Par. [0052], “If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume” – the operation using the original tool and corresponding tool-path is stopped, the damaged original tool is retreated, and machining is resumed using the alternative tool and a new tool-path, corresponding to using the second process plan information and second resource control information instead of the first process plan information and first resource control information.). Hwang and Suh are analogous art because they are from the same field of endeavor and contain functional similarities. They both relate to computer-controlled manufacturing systems that use process-planning and control information to control manufacturing operations and manufacturing equipment. Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above production management system for detecting a deviation and generating a new production schedule, as taught by Hwang, and incorporate determining to use alternative process plan information and corresponding new resource control information instead of the original process plan information and resource control information, as taught by Suh. One of ordinary skill in the art would have been motivated to improve the ability to cope with varying conditions and unexpected changes occurring during production, as suggested by Suh (Par. [0006] – [0007]). Regarding claim 12, Hwang teaches a production management method performed by a production management device, wherein the production management device (Par. [0147], “the scheduling 704 system may determine an optimized polymer production schedule and provide the optimized schedule to a control 706 system”; Par. [0065], “the computer system(s) 502 may take various forms, including a personal computer system, mainframe computer system, workstation, network appliance, Internet appliance or other device. In general, the term "computer system" can be broadly defined to encompass any device having a processor which executes instructions from a memory medium.”) performs: a deviation detecting step of detecting a deviation between a production plan of products and actual production results that indicate the progress of production (Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created” – scheduling system 704 corresponds to the deviation detection unit, the optimized production schedule corresponds to the production plan, and the actual outcomes correspond to the actual production results.); a storing step of storing production plan information of products (Par. [0064], “The one or more computer systems 502 preferably include a memory medium on which computer programs according to the present invention are stored”; Par. [0067], “Various embodiments further include receiving or storing instructions and/or data implemented in accordance with the foregoing description upon a carrier medium”; Par. [0201], “the local schedule may be saved as the current best solution” – the saved schedule corresponds to the production plan information), process plan information pertaining to a production process of products (Par. [0161], “the scheduling task may be focused on determining the particular steps that must be taken in order to assemble the final product. In a batch process, the scheduling task may be focused on determining the assignment of tasks to units in order to achieve the necessary processing steps to create the desired products” – the particular processing steps correspond to the process plan information pertaining to the production process of products), and resource control information defining operation of production resources which are manufacturing equipment (Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process. It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the desired trajectories and set points correspond to the resource control information defining operation of the reactor or processing line used for manufacture); and a plan-coordinating optimization step of using the change proposals of the process plan information and the resource control information to create a change proposal of the production plan information (Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible ... Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B” – the alternative transition path corresponds to the change proposal of the process plan information and the associated operating conditions correspond to the change proposal of the resource control information; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0183], “the optimizer, also referred to as a solver or decision generator, may execute a model of a polymer production system using the received optimization input information to generate an optimized polymer production schedule” – the optimizer corresponds to the plan-coordinating optimization step because the optimizer evaluates and uses the different transition options for the optimal schedule and executes the model to generate the optimized polymer production schedule, corresponding to using the change proposals of the process plan information and the resource control information to create the change proposal of the production plan information) such that a predetermined KPI (Key Performance Indicator) is maximized (Par. [0185], “the optimized polymer production schedule may sequence manufacturing orders to meet a specified objective, such as, for example, to maximize gross profit margin, or to accomplish some other goal of the polymer production enterprise” – the specified gross profit margin objective corresponds to the predetermined production KPI, and the production schedule is generated to maximize the production KPI). Hwang does not explicitly teach a plan information generation step of, upon detection of the deviation, generating change proposals of the process plan information and the resource control information. However, the combination of Hwang and Suh teaches a plan information generation step of (Hwang, Par. [0097], “the optimizer may use the transition model information to explore the different transition options and weigh the economic trade-offs of selecting the different options” – the optimizer corresponds to the plan information generation step), upon detection of the deviation (Hwang, Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created.”), generating change proposals of the process plan information and the resource control information (Suh, Par. [0052], “The decision maker checks whether an available alternative tool exists in the machining resource DB. If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume. The size of the alternative cutter may be different from that of the original cutter”; Par. [0052], “the decision maker attempts to find an alternative process sequence according to the non-linear process plan. If the alternative process plan is found, the decision maker selects the next working step and directs the tool-path generator to generate a tool-path” – Suh teaches selecting an alternative process plan for use in response to the detected condition, corresponding to generating a change proposal of the process plan information, and generating a new tool-path corresponding to generating a change proposal of the resource control information.). Hwang and Suh are analogous art because they are from the same field of endeavor and contain functional similarities. They both relate to computer-controlled manufacturing systems that use process-planning and control information to control manufacturing operations and manufacturing equipment. Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above production management method that detects a deviation between actual production and the existing production schedule, as taught by Hwang, and incorporate upon detection of the deviation, finding and selecting alternative process plan information and generating corresponding new resource control information, as taught by Suh. One of ordinary skill in the art would have been motivated to improve the ability to cope with varying conditions and unexpected changes occurring during production, as suggested by Suh (Par. [0006] – [0007]). Regarding claim 13, Hwang teaches a program causing a computer to function as a production management device (Par. [0065], “In general, the term "computer system" can be broadly defined to encompass any device having a processor which executes instructions from a memory medium.”; Par. [0067], “Various embodiments further include receiving or storing instructions and/or data implemented in accordance with the foregoing description upon a carrier medium” – the instructions stored on the memory/carrier medium and executed by the processor correspond to the program causing the computer to perform the disclosed production scheduling and management functions.), causing the computer: to execute production management of products using production plan information of products (Par. [0147], “the scheduling 704 system may determine an optimized polymer production schedule and provide the optimized schedule to a control 706 system. The control system 706 may control or manage the polymer production process 710 in accordance with optimized schedule.” – the optimized polymer production schedule corresponds to the production plan information used to manage production of the polymer products.), process plan information pertaining to a production process of products (Par. [0161], “In a discrete process, the scheduling task may be focused on determining the particular steps that must be taken in order to assemble the final product. In a batch process, the scheduling task may be focused on determining the assignment of tasks to units in order to achieve the necessary processing steps to create the desired products” – the particular production steps and assignment of tasks to units correspond to the process plan information pertaining to the production process), and resource control information defining operation of production resources which are manufacturing equipment (Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process. It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the processing line used to manufacture the polymer products corresponds to a production resource which is manufacturing equipment, and the set points and desired trajectories defining how the process is operated correspond to the resource control information.); and if a deviation occurs between a production plan of products and actual production results that indicate the progress of production (Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created.” – the optimized production schedule corresponds to the production plan, the actual outcomes of the process correspond to the actual production results indicating the progress of production, and the actual production deviating from the schedule corresponds to the deviation between he production plan and the actual production results), in the course of the production management carried out using the first production plan information (Par. [0152], “Once a schedule is generated, it can be viewed as a static plan that is executed over the time horizon. As time progresses, the orders on the schedule are manufactured as indicated on the schedule” – the existing schedule being executed when the deviation occurs corresponds to the first production plan information), the first process plan information and the first resource control information (Par. [0160], “decomposition includes, from the top down, planning 1002, scheduling 1004, real time optimization 1008, advanced control 1010, and regulatory control 1012. The decision flow may be from the top down as decisions made at the higher layer are used by the lower level task”; Par. [0161], “the scheduling task may be focused on determining the particular steps that must be taken”; Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process” – the production steps associated with the existing schedule correspond to the first process plan information, and the set points determined from that schedule correspond to the first resource control information.), to perform production management using the second process plan information and the second resource control information (Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible ... Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B” – the alternative transition path corresponds to the second process plan information and the associated operating conditions correspond to the second resource control information; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0098], “such a scheduling system may evaluate the outcomes of a fast transition that is costly, a slow transition that is inexpensive, and the option of shutting down the line and restarting to make a grade transition, and choose an optimized transition path 406.” – the scheduler’s selection of an optimized transition option corresponds to using the second process plan information and second resource control information). Hwang does not explicitly teach that the second process plan information and the second resource control information are different from the first process plan information and the first resource control information, and are used instead of the first process plan information and the first resource control information. However, Suh teaches that the second process plan information and the second resource control information are different from the first process plan information and the first resource control information (Par. [0030], “The process planner receives from the input manager the property value of the machining feature and determines a process sequence, a machining task, a jig, a setup and a cutter that are required for the manufacturing of the machining feature”; Par. [0051], “the decision maker selects the next working step according to the PSG that represents the nonlinear process plan … the executor accesses the tool-path DB and loads a corresponding tool-path. Thereafter, the executor converts the tool-path into a command for NCK/PLC”; Par. [0052], “In case a broken tool is detected, the monitor stops the operation and drives an emergency handling mechanism”; Par. [0052], “The decision maker checks whether an available alternative tool exists in the machining resource DB. If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume. The size of the alternative cutter may be different from that of the original cutter” - the alternative tool corresponds to process plan information different from the information specifying the original tool, and the new tool-path corresponds to resource control information different from the corresponding tool-path used for the stopped operation.), and are used instead of the first process plan information and the first resource control information (Par. [0051], “the decision maker selects the next working step according to the PSG that represents the nonlinear process plan … the executor accesses the tool-path DB and loads a corresponding tool-path”; Par. [0052], “In case a broken tool is detected, the monitor stops the operation”; Par. [0023], “if the emergency is related to a damage of a tool, the emergency handler retreats the damaged tool and checks whether there exists an alternative tool in the tool magazine by using the machining resource DB. If the alternative tool is found, the machining process is resumed by using the found alternative tool.”; Par. [0052], “If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume” – the operation using the original tool and corresponding tool-path is stopped, the damaged original tool is retreated, and machining is resumed using the alternative tool and a new tool-path, corresponding to using the second process plan information and second resource control information instead of the first process plan information and first resource control information.). Hwang and Suh are analogous art because they are from the same field of endeavor and contain functional similarities. They both relate to computer-controlled manufacturing systems that use process-planning and control information to control manufacturing operations and manufacturing equipment. Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above production management program that determines a new production schedule when actual production deviates from the existing production schedule, as taught by Hwang, and incorporate determining to use alternative process plan information and corresponding new resource control information instead of the original process plan information and resource control information, as taught by Suh. One of ordinary skill in the art would have been motivated to improve the ability to cope with varying conditions and unexpected changes occurring during production, as suggested by Suh (Par. [0006] – [0007]). Regarding claim 14, Hwang teaches a program causing a computer to function as a production management device (Par. [0065], “In general, the term "computer system" can be broadly defined to encompass any device having a processor which executes instructions from a memory medium.”; Par. [0067], “Various embodiments further include receiving or storing instructions and/or data implemented in accordance with the foregoing description upon a carrier medium” – the instructions stored on the memory/carrier medium and executed by the processor correspond to the program causing the computer to perform the disclosed production scheduling and management functions.), causing the computer to function as: a deviation detection unit that detects a deviation between a production plan of products and actual production results that indicate the progress of production (Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created” – the scheduling system 704 corresponds to the deviation detection unit because the scheduling system tracks execution of the optimized production schedule and compares the actual outcomes of the process with the schedule. The optimized production schedule corresponds to the production plan, and the actual outcomes correspond to the actual production results indicating the progress of production.); a storage unit that stores production plan information of products (Par. [0064], “The one or more computer systems 502 preferably include a memory medium on which computer programs according to the present invention are stored”; Par. [0067], “Various embodiments further include receiving or storing instructions and/or data implemented in accordance with the foregoing description upon a carrier medium”; Par. [0201], “the local schedule may be saved as the current best solution” – the saved schedule corresponds to the production plan information.), process plan information pertaining to a production process of products (Par. [0161], “the scheduling task may be focused on determining the particular steps that must be taken in order to assemble the final product. In a batch process, the scheduling task may be focused on determining the assignment of tasks to units in order to achieve the necessary processing steps to create the desired products” – the particular processing steps correspond to the process plan information pertaining to the production process of products.), and resource control information defining operation of production resources which are manufacturing equipment (Par. [0167], “This function 1008 may take the schedule information about what products are to be manufactured on a processing line and determine the optimal set points for the units within the process. It may determine how the process should be operated in order to meet the targets specified by the scheduler. The information determined by the real-time optimization may include, for example, the desired trajectories and set points for the advanced process control layer” – the desired trajectories and set points correspond to the resource control information defining operation of the reactor or processing line used for manufacture.); and a plan-coordinating optimization unit that uses the change proposals of the process plan information and the resource control information to create a change proposal of the production plan information (Par. [0055], “FIG. 4B illustrates an example of a transition for which more than one transition path 406 is possible ... Another possible transition path 406F may be to force the operating conditions from those required for polymer grade A to those required for polymer grade B” – the alternative transition path corresponds to the change proposal of the process plan information and the associated operating conditions correspond to the change proposal of the resource control information; Par. [0097], “Each of these matrices may correspond to different transition options that the scheduler may evaluate and use for the optimal schedule 707”; Par. [0183], “the optimizer, also referred to as a solver or decision generator, may execute a model of a polymer production system using the received optimization input information to generate an optimized polymer production schedule” – the optimizer corresponds to the plan-coordinating optimization unit because the optimizer evaluates and uses the different transition options for the optimal schedule and executes the model to generate the optimized polymer production schedule, corresponding to using the change proposals of the process plan information and the resource control information to create the change proposal of the production plan information.) such that a predetermined KPI (Key Performance Indicator) is maximized (Par. [0185], “the optimized polymer production schedule may sequence manufacturing orders to meet a specified objective, such as, for example, to maximize gross profit margin, or to accomplish some other goal of the polymer production enterprise.” – the specified gross profit margin objective corresponds to the predetermined production KPI, and the production schedule is generated to maximize the production KPI.). Hwang does not explicitly teach a plan information generation unit that, upon detection of the deviation, generates change proposals of the process plan information and the resource control information. However, the combination of Hwang and Suh teaches a plan information generation unit that (Hwang, Par. [0062], “The software program(s) may perform various aspects of modeling, prediction, optimization and/or control of the process 504”; Par. [0097], “the optimizer may use the transition model information to explore the different transition options and weigh the economic trade-offs of selecting the different options” – the computer-implemented optimizer corresponds to the plan information generation unit.), upon detection of the deviation (Hwang, Par. [0151], “the scheduling 704 system may be employed to track the status of the execution of the optimized production schedule”; Par [0151], “as the optimized production schedule is being executed by the polymer production process 710, the actual outcomes of the process can be viewed and compared to the schedule”; Par. [0154], “As the schedule is being executed either unexpected behavior in the process operation or disturbances to the process cause the actual production to deviate from the schedule. When this deviation is too large, a new schedule must be created.”), generates change proposals of the process plan information and the resource control information (Suh, Par. [0052], “The decision maker checks whether an available alternative tool exists in the machining resource DB. If the alternative tool is found, the decision maker commands the tool-path generator to create a new tool-path for the remaining volume. The size of the alternative cutter may be different from that of the original cutter”; Par. [0052], “the decision maker attempts to find an alternative process sequence according to the non-linear process plan. If the alternative process plan is found, the decision maker selects the next working step and directs the tool-path generator to generate a tool-path” – Suh teaches selecting an alternative process plan for use in response to the detected condition, corresponding to generating a change proposal of the process plan information, and generating a new tool-path corresponding to generating a change proposal of the resource control information.) Hwang and Suh are analogous art because they are from the same field of endeavor and contain functional similarities. They both relate to computer-controlled manufacturing systems that use process-planning and control information to control manufacturing operations and manufacturing equipment. Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above production management program that detects a deviation between actual production and the existing production schedule, as taught by Hwang, and incorporate upon detection of the deviation, finding and selecting alternative process plan information and generating corresponding new resource control information, as taught by Suh. One of ordinary skill in the art would have been motivated to improve the ability to cope with varying conditions and unexpected changes occurring during production, as suggested by Suh (Par. [0006] – [0007]). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. USPGPUB 2003/0220828 A1 (hereinafter Hwang) in view of Suh USPGPUB 2005/0171629 A1 (hereinafter Suh), and further in view of Srivastava et al. WO 2020/167316 A1 (hereinafter Srivastava). Regarding claim 8, the combination of Hwang and Suh teaches all the limitations of the base claims as outlined above. Hwang and Suh do not explicitly teach wherein the plan-coordinating optimization unit determines net working time and setup time for the production resource from the change proposal of the process plan information and the change proposal of the resource control information, and performs the production simulation in consideration of the net working time and the setup time in order to calculate the predicted value of the production throughput. However, Srivastava teaches wherein the plan-coordinating optimization unit determines net working time and setup time for the production resource from the change proposal of the process plan information and the change proposal of the resource control information (Par. [0040], “The routing solution includes manufacturing steps, resources used for the manufacturing steps, and timing of the manufacturing steps”; Par. [0064], “There may be several ways (e.g., different manufacturing operation combinations) a manufacturing feature may be manufactured. There may be multiple machines that can do the same manufacturing operation. This may lead to generation of multiple routing solutions”; Par. [0066], “The generated routing solutions are validated and ranked to determine the most optimal feasible solution. The ranking of feasible solutions may be done based on one or more user defined key performance indicators. The parameters of the manufacturing environment, such as machine set-up time, process time, energy consumption, cost, total time for production, throughput, etc.” – the multiple routing solutions correspond to alternative manufacturing solutions including manufacturing steps and resources, the process time corresponds to the net working time, and the machine set-up time corresponds to the setup time.), and performs the production simulation in consideration of the net working time and the setup time in order to calculate the predicted value of the production throughput (Par. [0066], “The parameters of the manufacturing environment, such as machine set-up time, process time, energy consumption, cost, total time for production, throughput, etc.”; Par. [0067], “The quantification for ranking is performed by simulation or a data driven method. One implementation is a physics simulation. A physics model of a virtual manufacturing environment simulates operation using the routing solution. The value or values of the performance indicator or indicators are calculated by simulating the various manufacturing steps and machines for the steps in the simulation environment.” – the process time corresponds to the net working time, the machine set-up time corresponds to the setup time, and the simulation calculates performance indicator values including throughput.). Hwang, Suh, and Srivastava are analogous art because they are from the same field of endeavor and contain functional similarities. They all relate to computer-controlled manufacturing systems that use process-planning and manufacturing information to manage and optimize manufacturing operations. Therefore, at the time of effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the above production management system that detects a deviation and responds by selecting alternative process plan information and generating corresponding new resource control information, as taught by Hwang and Suh, and incorporate determining process time and machine setup time for the alternative manufacturing solution and using the process time and machine set-up time in a simulation to determine throughput, as taught by Srivastava. One of ordinary skill in the art would have been motivated to improve the evaluation of alternative manufacturing solutions by accounting for machine setup time and process time in a simulation to determine manufacturing performance, including throughput, as suggested by Srivastava (Par. [0066] – [0067]). Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Becher et al. [USPGPUB 2018/0246500 A1] teaches manufacturing according to a production plan comprising production steps and production resources, evaluating alternative manufacturing resources based on parameters including cost and processing duration, and selecting resources for performing the production steps. Tiozzo et al. [USPGPUB 2009/0093902 A1] teaches detecting production disturbances by comparing shop-floor data with a production plan and responsively generating a revised production schedule and corrective actions. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER XU whose telephone number is (571)272-0792. The examiner can normally be reached Monday-Friday 9am-5pm. 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, Mohammad Ali can be reached at (571) 272-4105. 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. /PETER XU/ Examiner, Art Unit 2119 /MOHAMMAD ALI/ Supervisory Patent Examiner, Art Unit 2119
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Prosecution Timeline

Oct 18, 2024
Application Filed
Sep 04, 2026
Non-Final Rejection mailed — §101, §103, §112 (current)

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2y 10m (~10m remaining)
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