Prosecution Insights
Last updated: April 19, 2026
Application No. 18/862,609

SYSTEM AND METHOD FOR EXCHANGING PROCESS DATA RELATED TO INDUSTRIAL MANUFACTURING OR PROCESSING

Non-Final OA §101§102§103§112
Filed
Nov 04, 2024
Examiner
DOAN, TAN
Art Unit
2445
Tech Center
2400 — Computer Networks
Assignee
BASF Corporation
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
98%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
225 granted / 311 resolved
+14.3% vs TC avg
Strong +25% interview lift
Without
With
+25.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
32 currently pending
Career history
343
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
57.3%
+17.3% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
14.9%
-25.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 311 resolved cases

Office Action

§101 §102 §103 §112
DETAILED ACTION 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. Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 14 is directed to “A computer program for…” Claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or a computer program per se (often referred to as “software per se”) when claimed as a product without any structural recitations (MPEP 2106). 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 1-15 are 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 1-15, the adverbial phrase “in particular” in "process data related to industrial manufacturing or processing, in particular, to chemical manufacturing or processing" renders the claims indefinite because it fails 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 dependent claim 8, the adverbial phrase “in particular” in “at least one local plant network of an industrial plant, in particular, a chemical plant,” renders the claim indefinite because fails 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. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-9 and 11-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cella et al. (US20200096991A1). Regarding claim 1, Cella discloses a system for exchanging process data related to industrial manufacturing or processing, in particular, to chemical manufacturing or processing, the system comprising (para [0342] shows data collection system 102 deployed in chemical plants; para [0364] shows data collected or exchanged by IoT devices, such as embedded sensors, instrumentation systems, telematics systems, and the like, for monitoring various parameters and features of machines, devices and other elements): - at least one process data providing unit that is configured for providing process data related to industrial manufacturing or processing, in particular, to chemical manufacturing or processing (para [0342] shows data collection system 102 deployed in chemical plants; para [0625] shows sensors to collect detection values to identify unexpected temperature values or temperature changes), - a process data distribution unit that is connected to a communication system of interconnected computer networks and to a corporate industrial manufacturing network and configured for providing process data via the communication system of interconnected computer networks and/or via the corporate industrial manufacturing network (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0372] shows a master data collector 102 organizes and directs activities of one or more subservient data collectors 102; para [1307] shows a network control circuit for sending and receiving information related to the sensor inputs to an external system and a data filter circuit configured to dynamically adjust what portion of the information is sent based on instructions received over the network communication interface; para [1379] shows the network control circuit implements a hub-and-spoke; para [1828] shows industrial equipment may be configured in various networks, including private networks, Internet-based networks, and the like; hydrogen production may be configured as nodes in such a network; para [1994] shows the communication channel 1050 spans multiple nodes 1161, 1162 in an interconnection of communication networks), - a local process data interface that is connected to the process data distribution unit via the corporate industrial manufacturing network and to a local industrial production network and configured for enabling an exchange of provided process data between the process data distribution unit and the local industrial production network via the corporate industrial manufacturing network (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0353] shows the data collection system 102 may include onboard sensors and may take input from local network connections; para [1307] shows a network control circuit for sending and receiving information related to the sensor inputs to an external system and a data filter circuit configured to dynamically adjust what portion of the information is sent based on instructions received over the network communication interface), wherein - the system further comprises an integration layer management plane that is configured for triggering the process data distribution unit and the local process data interface to exchange provided process data (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise, or that consists of distributed components that interact with each other to process data collected by the local data collection system 102; para [0260] shows systems may have trigger channels for the purposes of determining relative phase between various input data sets or for acquiring significant data without the needless repetition of unwanted input; para [2256] shows the method includes comparing, automatically with the computing environment, relative phases of the first and second sensor signals; para [0372] shows a master data collector 102 organizes and directs activities of one or more subservient data collectors 102; para [0364, 0392] shows a cloud-based policy automation engine for management of IoT devices (e.g., embedded sensors, instrumentation systems, telematics systems, and the like); para [0488] shows different criteria may be enabled or may be set up for when to create or adjust event triggering including a new data event.) Regarding claim 2, Cella as applied to claim 1 discloses the local process data interface comprises an integration service that is configured for querying provided process data from local industrial production network and/or for integrating provided process data by sending the provided process data to the process data distribution unit (para [1273] shows a remote server generates a request for additional data and inspection of an environment or apparatus; para [1326] shows the data circuit supports client requests in the form of a SQL query.) Regarding claim 3, Cella as applied to claim 2 discloses the integration service is configured for sending process data based on a predefined cyclic schedule to the process data distribution unit or when triggered to do so by the integration layer management plane (para [0260] shows systems may have trigger channels for the purposes of determining relative phase between various input data sets or for acquiring significant data without the needless repetition of unwanted input; para [1059] shows the fingerprints may include phase information in association with duty cycle. The parameters may include a duty cycle of the equipment/machine; para [2256] shows the method includes comparing, automatically with the computing environment, relative phases of the first and second sensor signals.) Regarding claim 4, Cella as applied to claim 2 discloses at least two process data providing units wherein the local process data interface comprises at least two integration services, each of them being assigned to one of the at least two process data providing units for querying provided process data from the respective process data providing unit (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0364] shows data collected or exchanged by IoT devices, such as embedded sensors, instrumentation systems, telematics systems, and the like; para [0372] shows a master data collector 102 organizes and directs activities of one or more subservient data collectors 102.) Regarding claim 5, Cella as applied to claim 1 discloses at least two process data providing units and wherein the local process data interface is configured for aggregating process data provided by the at least two process data providing units and for enabling an exchange of the aggregated process data between the process data distribution unit and the local industrial production network via the corporate industrial manufacturing network (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0260] shows systems may have trigger channels for acquiring significant data without the needless repetition of unwanted input; para [0364] shows data collected or exchanged by IoT devices, such as embedded sensors, instrumentation systems, telematics systems, and the like; para [0365] shows data operating data from a group of similar machines (such as one or more industrial machines noted throughout this disclosure) may be aggregated together; para [0372] shows a master data collector 102 organizes and directs activities of one or more subservient data collectors 102.) Regarding claim 6, Cella as applied to claim 1 discloses the process data providing unit is configured for providing the process data to the process data distribution unit via the communication system of interconnected computer networks and/or via the corporate industrial manufacturing network (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0372] shows a master data collector 102 organizes and directs activities of one or more subservient data collectors 102; para [1307] shows a network control circuit for sending and receiving information related to the sensor inputs to an external system and a data filter circuit configured to dynamically adjust what portion of the information is sent based on instructions received over the network communication interface; para [1379] shows the network control circuit implements a hub-and-spoke; para [1828] shows industrial equipment may be configured in various networks, including private networks, Internet-based networks, and the like; hydrogen production may be configured as nodes in such a network; para [1994] shows the communication channel 1050 spans multiple nodes 1161, 1162 in an interconnection of communication networks). Regarding claim 7, Cella as applied to claim 1 discloses the process data providing unit is configured for providing the process data to the local process data interface via the local industrial production network (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0260] shows systems may have trigger channels for the purposes of determining relative phase between various input data sets or for acquiring significant data without the needless repetition of unwanted input; para [0353] shows the data collection system 102 may include onboard sensors and may take input from local network connections.) Regarding claim 8, Cella as applied to claim 1 discloses at least one local plant network of an industrial plant, in particular, a chemical plant, that is connected to the local industrial production network, wherein the process data providing unit is part of the industrial plant and the provided process data are related to an industrial process carried out in said industrial plant (para [0342] shows data collection system 102 deployed in chemical plants; para [0364] shows data collected or exchanged by IoT devices, such as embedded sensors, instrumentation systems, telematics systems, and the like, for monitoring various parameters and features of machines, devices and other elements). Regarding claim 9, Cella discloses an arrangement of at least two systems that are configured according to the system of claim 1, wherein the process data distribution units of the at least two systems are connected to each other via the communication system of interconnected computer networks and the corporate industrial manufacturing network and configured for replicating process data between them via the communication system of interconnected computer networks (para [0502] shows an analog crosspoint switch for use in an industrial environment may be configured with circuits that facilitate replicating at least a portion of attributes of the input signal, such as current, voltage range, offset, frequency, duty cycle, ramp rate, and the like while buffering (e.g., isolating) the input signal from the output signal; para [1326] shows the network control circuit bridges another similarly configured system from one network to another using the plurality of network communication interfaces.) Regarding claim 11, Cella discloses the arrangement of claim 9, wherein the integration layer management plane of at least one of the systems is configured for triggering a selective replication of process data between the process data distribution units of the at least two systems (para [0260] shows systems may have trigger channels for the purposes of determining relative phase between various input data sets or for acquiring significant data without the needless repetition of unwanted input; para [0502] shows an analog crosspoint switch for use in an industrial environment may be configured with circuits that facilitate replicating at least a portion of attributes of the input signal, such as current, voltage range, offset, frequency, duty cycle, ramp rate, and the like while buffering (e.g., isolating) the input signal from the output signal.) Regarding claim 12, Cella discloses a method of exchanging process data related to industrial manufacturing or processing, in particular, to chemical manufacturing or processing, the method comprising (para [0342] shows data collection system 102 deployed in chemical plants; para [0364] shows data collected or exchanged by IoT devices, such as embedded sensors, instrumentation systems, telematics systems, and the like, for monitoring various parameters and features of machines, devices and other elements): - providing a process data distribution unit that is connected to a communication system of interconnected computer networks and to a corporate industrial manufacturing network and configured for exchanging process data via the communication system of interconnected computer networks and/or via the corporate industrial manufacturing network (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0372] shows a master data collector 102 organizes and directs activities of one or more subservient data collectors 102; para [1307] shows a network control circuit for sending and receiving information related to the sensor inputs to an external system and a data filter circuit configured to dynamically adjust what portion of the information is sent based on instructions received over the network communication interface; para [1379] shows the network control circuit implements a hub-and-spoke; para [1828] shows industrial equipment may be configured in various networks, including private networks, Internet-based networks, and the like; hydrogen production may be configured as nodes in such a network; para [1994] shows the communication channel 1050 spans multiple nodes 1161, 1162 in an interconnection of communication networks), - providing a local process data interface that is connected to the process data distribution unit and to a local industrial production network and configured for enabling an exchange of process data between the process data distribution unit and the local chemical production network via the corporate industrial manufacturing network (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise; para [0353] shows the data collection system 102 may include onboard sensors and may take input from local network connections; para [1307] shows a network control circuit for sending and receiving information related to the sensor inputs to an external system and a data filter circuit configured to dynamically adjust what portion of the information is sent based on instructions received over the network communication interface), - providing process data related to industrial manufacturing or processing, in particular, to chemical manufacturing or processing, with a process data providing unit to one of the process data distribution unit and the local process data interface (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise, or that consists of distributed components that interact with each other to process data collected by the local data collection system 102; para [0342] shows data collection system 102 deployed in chemical plants; para [0364] shows data collected or exchanged by IoT devices, such as embedded sensors, instrumentation systems, telematics systems, and the like, for monitoring various parameters and features of machines, devices and other elements), and - triggering the process data distribution unit and the local process data interface with an integration layer management plane to exchange the provided process data between them (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise, or that consists of distributed components that interact with each other to process data collected by the local data collection system 102; para [0260] shows systems may have trigger channels for the purposes of determining relative phase between various input data sets or for acquiring significant data without the needless repetition of unwanted input; para [2256] shows the method includes comparing, automatically with the computing environment, relative phases of the first and second sensor signals; para [0372] shows a master data collector 102 organizes and directs activities of one or more subservient data collectors 102; para [0364, 0392] shows a cloud-based policy automation engine for management of IoT devices (e.g., embedded sensors, instrumentation systems, telematics systems, and the like); para [0488] shows different criteria may be enabled or may be set up for when to create or adjust event triggering including a new data event.) Regarding claim 13, Cella as applied to claim 12 discloses triggering the process data distribution unit and a further process data distribution unit to replicate provided process data between them via the communication system of interconnected computer networks (para [0502] shows an analog crosspoint switch for use in an industrial environment may be configured with circuits that facilitate replicating at least a portion of attributes of the input signal, such as current, voltage range, offset, frequency, duty cycle, ramp rate, and the like while buffering (e.g., isolating) the input signal from the output signal; para [1326] shows the network control circuit bridges another similarly configured system from one network to another using the plurality of network communication interfaces.) Regarding claim 14, Cella discloses a computer program for exchanging process data related to industrial manufacturing or processing, in particular, to chemical manufacturing or processing, wherein the computer program is configured for triggering a process data distribution unit and a local process data interface to exchange provided process data related to industrial manufacturing or processing, in particular, to chemical manufacturing or processing, between them and/or for triggering the process data distribution unit and a further process data distribution unit to replicate the provided process data between them via a communication system of interconnected computer networks, when run on a computer (para [0242] shows the platform 100 may include a network for transporting data to and from the local data collection system 102 over a network 110 that is on the premises of an enterprise, or that consists of distributed components that interact with each other to process data collected by the local data collection system 102; para [0342] shows data collection system 102 deployed in chemical plants; para [0364] shows data collected or exchanged by IoT devices, such as embedded sensors, instrumentation systems, telematics systems, and the like, for monitoring various parameters and features of machines, devices and other elements; para [0502] shows an analog crosspoint switch for use in an industrial environment may be configured with circuits that facilitate replicating at least a portion of attributes of the input signal, such as current, voltage range, offset, frequency, duty cycle, ramp rate, and the like while buffering (e.g., isolating) the input signal from the output signal; para [1307] shows a network control circuit for sending and receiving information related to the sensor inputs to an external system and a data filter circuit configured to dynamically adjust what portion of the information is sent based on instructions received over the network communication interface.) Regarding claim 15, Cella discloses a non-transitory computer readable data medium storing the computer program of claim 14 (para [1841]). 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of Concin et al. (US20240051810A1). Regarding claim 10, Cella as applied to claim 9 for replicating process data, the process data distribution units are configured to use a Kafka linking or a Message Queuing Telemetry Transport bridge. However, Concin discloses the process data distribution units are configured to use a Kafka linking or a Message Queuing Telemetry Transport bridge (para [0012] shows manufacturers and clients can retrieve and/or further process status information relating to specific batches and/or containers and the aqueous systems; para [0085] shows he bridge 12 using the MQTT (Message Queuing Telemetry Transport) network protocol.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Cella with the teaching of Concin in order for the bridge 12 to be an MQTT broker, which receives information from one or more external clients (Concin; para [0085]). Citation of Relevant Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Malladi et al. (US20180300124A1) discloses in para [0002] edge computing to handle the large amounts of data generated by industrial machines. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN DOAN whose telephone number is (571)270-0162. The examiner can normally be reached Monday - Friday 8am - 5pm ET. 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, Oscar Louie, can be reached at (571) 270-1684. 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. /TAN DOAN/Primary Examiner, Art Unit 2445
Read full office action

Prosecution Timeline

Nov 04, 2024
Application Filed
Feb 23, 2026
Non-Final Rejection — §101, §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
98%
With Interview (+25.4%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 311 resolved cases by this examiner. Grant probability derived from career allow rate.

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