DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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(s) 1-12 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite:
1. A plant operation assistance system for assisting an operator in operating a plant, the plant operation assistance system comprising:
a processor for executing a program; and
a memory or a hard disk for storing the program, wherein
acquiring plant information about the plant;
determining, on the basis of the plant information, a plant situation including information indicating whether or not an event against which a measure should be taken has occurred;
acquiring operation information about the plant;
determining, on the basis of the operation information, an operation situation including information indicating which step among one or more steps included in the measure against the event is being currently performed;
acquiring performance information indicating an internal characteristic of the operator;
determining performance situation on the basis of the performance information;
acquiring environment information indicating an external characteristic of the operator;
determining an environment situation on the basis of the environment information;
calculating a risk of failure in the measure against the event on the basis of the plant situation, the operation situation, and predetermined risk information;
calculating a step importance index as an index for importance of each of the steps on the basis of the risk;
determining an operation influencing factor of the operator on the basis of the performance situation, the environment situation, and a predetermined operation influencing factor rule;
determining, on the basis of the step importance index, the operation influencing factor, and a predetermined step importance degree rule, a step importance degree of the step in a case of performing the step by the operator; and
presenting, to the operator, step information in which the step importance degree has been reflected.
2. The plant operation assistance system according to claim 1,
wherein
the following operation is further performed by the program executed by the processor,
acquiring operation results, for the plant, regarding the respective operators;
comparing each of the operation influencing factors and the corresponding operation result; and
correcting the operation influencing factor rule on the basis of an obtained result of the comparison, to create a corrected operation influencing factor rule, wherein
the corrected operation influencing factor rule includes corrected operation influencing factor rules which correspond to each of the operators
the program executed by the processor uses, when determining each of the operation influencing factors, the corrected operation influencing factor rule for the corresponding operator.
3. The plant operation assistance system according to claim 1, wherein
the following operation is further performed by the program executed by the processor
outputting a warning according to the step importance degree.
4. The plant operation assistance system according to claim 3,
wherein
the program executed by the processor outputs the warning to a member of personnel other than the operator who is taking the measure.
5. The plant operation assistance system according to claim 1, wherein the following operation is further performed by the program executed by the processor,
calculating the step importance index of each of the steps through comparison between the risk calculated without setting any condition and the risk calculated under a condition that failure in the step occurs.
6. The plant operation assistance system according to claim 2, wherein the following operation is further performed by the program executed by the processor,
outputting a warning according to the step importance degree.
7. The plant operation assistance system according to claim 6, wherein
the program executed by the processor outputs the warning to a member of personnel other than the operator who is taking the measure.
8. The plant operation assistance system according to claim 2, wherein the following operation is further performed by the program executed by the processor,
calculating the step importance index of each of the steps through comparison between the risk calculated without setting any condition and the risk calculated under a condition that failure in the step occurs.
9. The plant operation assistance system according to claim 3, wherein the following operation is further performed by the program executed by the processor,
calculating the step importance index of each of the steps through comparison between the risk calculated without setting any condition and the risk calculated under a condition that failure in the step occurs.
10. The plant operation assistance system according to claim 4, wherein the following operation is further performed by the program executed by the processor,
calculating the step importance index of each of the steps through comparison between the risk calculated without setting any condition and the risk calculated under a condition that failure in the step occurs.
11. The plant operation assistance system according to claim 6, wherein the following operation is further performed by the program executed by the processor,
calculating the step importance index of each of the steps through comparison between the risk calculated without setting any condition and the risk calculated under a condition that failure in the step occurs.
12. The plant operation assistance system according to claim 7, wherein the following operation is further performed by the program executed by the processor,
calculating the step importance index of each of the steps through comparison between the risk calculated without setting any condition and the risk calculated under a condition that failure in the step occurs.
The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting by a processor executing a program in memory, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the processor language, acquiring, determining, calculating and presenting, in the context of this claim encompasses a user thinking about or manually making calculations for acquiring, determining, calculating and presenting. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – the processor. The processor is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of the processor amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Allowable Subject Matter
Claim1-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter:
While U.S. Pub. No. 2022/0215307 to Yang teaches
1. A plant operation assistance system for assisting an operator in operating a plant, the plant operation assistance system comprising: a processor for executing a program; and a memory or a hard disk for storing the program, wherein
acquiring plant information about the plant; determining, on the basis of the plant information, a plant situation including information indicating whether or not an event against which a measure should be taken has occurred; acquiring operation information about the plant; determining, on the basis of the operation information, an operation situation including information indicating which step among one or more steps included in the measure against the event is being currently performed (paragraphs 47-114);
acquiring performance information indicating an internal characteristic of the operator; acquiring environment information indicating an external characteristic of the operator (paragraph 64, 70);
calculating a risk of failure in the measure against the event on the basis of the plant situation, the operation situation, and predetermined risk information (claims 1-15);
calculating a step importance index as an index for importance of each of the steps on the basis of the risk; determining, on the basis of the step importance index, a step importance degree of the step in a case of performing the step by the operator; and presenting, to the operator, step information in which the step importance degree has been reflected (paragraph 50).
Yang fails to disclose all the claimed features of applicant’s instant invention, specifically including:
1. A plant operation assistance system for assisting an operator in operating a plant, the plant operation assistance system comprising:
a processor for executing a program; and
a memory or a hard disk for storing the program, wherein
acquiring plant information about the plant;
determining, on the basis of the plant information, a plant situation including information indicating whether or not an event against which a measure should be taken has occurred;
acquiring operation information about the plant;
determining, on the basis of the operation information, an operation situation including information indicating which step among one or more steps included in the measure against the event is being currently performed;
acquiring performance information indicating an internal characteristic of the operator;
determining performance situation on the basis of the performance information;
acquiring environment information indicating an external characteristic of the operator;
determining an environment situation on the basis of the environment information;
calculating a risk of failure in the measure against the event on the basis of the plant situation, the operation situation, and predetermined risk information;
calculating a step importance index as an index for importance of each of the steps on the basis of the risk;
determining an operation influencing factor of the operator on the basis of the performance situation, the environment situation, and a predetermined operation influencing factor rule;
determining, on the basis of the step importance index, the operation influencing factor, and a predetermined step importance degree rule, a step importance degree of the step in a case of performing the step by the operator; and
presenting, to the operator, step information in which the step importance degree has been reflected.
It is for these reasons that applicant’s invention defines over the prior art of record.
Conclusion
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/Sean Shechtman/ Primary Examiner, Art Unit 2896