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 .
Status of Application
Claims 1-15 have been examined in this application. Thiscommunication is the first action on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted onNovember 14, 2024. The submission is in compliance with the provisions of37 CFR 1.97. Accordingly, the information disclosure statement isacknowledged and has been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are:
In Claim 1: “a communication device…a storage device…an arithmetic device”
See [0029] of Applicant’s specification. With regards to the arithmetic device, it is understood to be an ordinary CPU. The storage device is understood to be one of a “HDD, SSD, or memory card”. As [0028] asserts “The power grid recovery plan support apparatus 10 can be implemented by a computer, includes an arithmetic device 101, a storage device 102, an input device 103, an output device 104, and a communication device 105, and connects these devices through a communication channel”, the communication device will be considered to be performed by a generic computer.
In Claim 11: “a UI unit…a data evaluation unit…a data reproduction unit…a data storage unit”.
As these units serve to describe behaviors of the computer, in light of Claim 11’s limitation “as a computer for supporting operation of a facility to function as…” we understand these units to be particular states that executing instructions on a processor induces.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(b)
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 5, 10, 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.
The term “unstable” in Claims 5, 10, 15 is a relative term which renders the claim indefinite. The term “unstable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purpose of examination, "unstable" is read in light of [0066] of Applicant's specification, and “the degree of uncertainability is less than a reference value of certainability”.
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.
With respect to Claims 11-15, the claimed invention is directed to non-statutory subject matter. The claims does not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to signals per se. Applicant has claimed a storage medium and Applicant's specification fails to narrowly define a storage medium to exclude transitory propagating signals. The broadest reasonable interpretation of a claim drawn to a storage medium includes transitory propagating signals per se in view of the ordinary and customary meaning of storage medium, which are non-statutory subject matter. As a result, these claims must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007). Dependent Claims 12-15 do not cure the aforementioned deficiencies of independent Claim 11.
Further, Claim 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1
The claims are directed to a method and apparatus. Therefore, the claims are directed to at least one of the four statutory categories.
101 Analysis – Step 2A
Regarding Prong 1 of the Step 2A analysis in the MPEP, the claims are to be analyzed to determine whether they recite subject matter that is directed to a judicial expectation, namely a law of nature, a natural phenomenon, or one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent Claim 1 includes limitations that recite an abstract idea and will henceforth be used as a representative claim for the 101 rejection until otherwise noted. Claim 1 recites:
A facility operation support apparatus for supporting operation of a facility, the apparatus comprising: a communication device configured to receive operation data regarding the operation of the facility; a storage device connected to the communication device through a communication channel and configured to store a data management program; and an arithmetic device connected to the communication device and the storage device through the communication channel and configured to calculate a degree of certainability of the operation data that is defined by a combination of a plurality of elements regarding acquisition of the operation data and represents certainability of the operation data in accordance with the data management program, to reproduce the operation data according to the degree of certainability, and to store the operation data and the degree of certainability of the operation data in the storage device in association with each other, wherein an operation plan of the facility is made using the operation data stored in the storage device in accordance with the degree of certainability stored in the storage device.
The examiner submits that the foregoing bolded limitation(s) constitute an abstract idea because under its broadest reasonable interpretation, the claim covers a mental process.
“receive operation data regarding the operation of the facility”, “calculate a degree of certainability”, “reproduce the operation data according to the degree of certainability”, “store the operation data and the degree of certainability of the operation data in the storage device in association with each other” ,”an operation plan of the facility is made using the operation data…in accordance with the degree of certainability” recite abstract ideas - namely, mental processes that could be
performed by a human with a pen and paper, per the MPEP, merely
adapting them into the context of a technological environment with computing parts does not preclude them from being abstract.
Accordingly, the claim recites at least one abstract idea.
Claims 6 and 11 recite at least one abstract idea by virtue of presenting substantially similar limitations.
Claims 2-5, 7-10, 12-15 recite at least one abstract idea by virtue of their dependency from independent Claims 1, 6, and 11 respectively.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the MPEP, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into practical application. As noted in the MPEP, it must be determined whether any additional elements in the claim beyond the judicial exception integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements, such as merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.
A facility operation support apparatus for supporting operation of a facility, the apparatus comprising: a communication device configured to receive operation data regarding the operation of the facility; a storage device connected to the communication device through a communication channel and configured to store a data management program; and an arithmetic device connected to the communication device and the storage device through the communication channel and configured to calculate a degree of certainability of the operation data that is defined by a combination of a plurality of elements regarding acquisition of the operation data and represents certainability of the operation data in accordance with the data management program, to reproduce the operation data according to the degree of certainability, and to store the operation data and the degree of certainability of the operation data in the storage device in association with each other, wherein an operation plan of the facility is made using the operation data stored in the storage device in accordance with the degree of certainability stored in the storage device.
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
As it pertains to Claim 1, the additional elements in the claims include “A facility operation support apparatus for supporting operation of a facility, the apparatus comprising: a communication device…”, “a storage device connected to the communication device through a communication channel and configured to store a data management program; and an arithmetic device connected to the communication device and the storage device through the communication channel”, “in accordance with the data management program”.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the additional elements are generic computing components that are merely used as a tool to perform the recited abstract idea and/or do no more than generally link the use of the recited abstract idea to a particular technological environment or field of use under Step 2A Prong Two.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing an abstract idea.
Claim 6 does not integrate recited abstract ideas into a practical application by virtue of presenting substantially similar limitations.
Claims 4 and 9 recites “a recovery plan making program”.
Claims 11-15 recite “a storage medium”.
These do not integrate the recited abstract ideas into a practical application by analogous reasoning.
Claims 2-3, 5 and 7-8, 10 do not recite additional elements beyond those found in Claims from which they depend, and therefore do not integrate the recited abstract ideas into a practical application.
101 Analysis – Step 2B
Regarding Step 2B of the MPEP, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to generic computing components that are merely used
as a tool to perform the recited abstract idea and/or do no more than
generally link the use of the recited abstract idea to a particular
technological environment or field of use. Further, looking at the additional
elements as an ordered combination adds nothing that is not already
present when considering the additional elements individually.
Claim 6 does not integrate recited abstract ideas into a practical application or amount to significantly more by virtue of presenting substantially similar limitations.
Claims 4 and 9 recites “a recovery plan making program”.
Claims 11-15 recite “a storage medium”.
These do not integrate the recited abstract ideas into a practical application or amount to significantly more by analogous reasoning.
Claims 2-3, 5 and 7-8, 10 do not recite additional elements beyond those found in Claims from which they depend, and therefore do not integrate the recited abstract ideas into a practical application or amount to significantly more.
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.
Claim(s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cella(US 20210157312 A1) in view of Liao (US 20200251360 A1).
Claims 1, 6, 11
As to Claim 1,
Cella teaches:
A facility operation support apparatus for supporting operation of a facility, the apparatus comprising: a communication device configured to receive operation data regarding the operation of the facility
In [1329], "These sensors may be connected either directly to a monitoring device or through an intermediary device using a mix of wired and wireless connection techniques. A monitoring device may have access to detection values corresponding to the sensors where the detection values correspond directly to the sensor output of a processed version of the data output such as a digitized or sampled version of the sensor output. The monitoring device may access and process the detection values using methods described elsewhere herein to evaluate the health of the compressor overall, evaluate the health of compressor components and/or predict potential down line issues arising from atypical compressor performance".
a storage device connected to the communication device through a communication channel and configured to store a data management program
See [1721].
and an arithmetic device connected to the communication device and the storage device through the communication channel and configured to calculate a degree of certainability of the operation data that is defined by a combination of a plurality of elements regarding acquisition of the operation data and represents certainability of the operation data in accordance with the data management program
See [1395], "In an illustrative and non-limiting example, the monitoring device may be used to collect and process sensor data to measure mechanical torque. The monitoring device may be in communication with or include a high resolution, high speed vibration sensor to collect data over an extended period of time, enough to measure multiple cycles of rotation. For gear driven equipment, the sampling resolution should be such that the number of samples taken per cycle is at least equal to the number of gear teeth driving the component. It will be understood that a lower sampling resolution may also be utilized, which may result in a lower confidence determination and/or taking data over a longer period of time to develop sufficient statistical confidence".
to reproduce the operation data according to the degree of certainability,
See [1395], “In an illustrative and non-limiting example, the monitoring device may be used to collect and process sensor data to measure mechanical torque. The monitoring device may be in communication with or include a high resolution, high speed vibration sensor to collect data over an extended period of time, enough to measure multiple cycles of rotation. For gear driven equipment, the sampling resolution should be such that the number of samples taken per cycle is at least equal to the number of gear teeth driving the component. It will be understood that a lower sampling resolution may also be utilized, which may result in a lower confidence determination and/or taking data over a longer period of time to develop sufficient statistical confidence”. If lower confidence data is available, we add to our sample by continuing to collect data. We consider this modification of available data from a given sensor in light of certainability to constitute reproducing our available the available samples, and therefore our data.
degree of certainability of the operation data
See [1395] as outlined above.
Cella does not expressly disclose the remaining limitations.
However, Liao teaches:
and to store the operation data and the degree of certainability … in the storage device in association with each other,
In [0029], "Data store 140 may be a memory (e.g., random access memory), a drive (e.g., a hard drive, a flash drive), a database system, or another type of component or device capable of storing data. Data store 140 may include multiple storage components (e.g., multiple drives or multiple databases) that may span multiple computing devices (e.g., multiple server computers). The data store 140 may store one or more of sensor data 142 (e.g., historical sensor data 144, historical features 146, historical additional features 148, current sensor data 150, current features 152, current additional features 154, etc.), windows 156 (e.g., historical windows 156A, predicted windows 156B), levels of confidence 158, etc".
wherein an operation plan of the facility is made using the operation data stored in the storage device in accordance with the degree of certainability stored in the storage device.
In [0016], "The one or more outputs may be indicative of a level of confidence of a predicted window. The processing device may predict, based on the level of confidence of the predicted window, whether one or more components of the ion implant tool are within a pre-failure window. A pre-failure window may be a window of time (e.g., 24 hours, 48 hours) before failure of a component is predicted to occur. The processing device may further, responsive to predicting that the one or more components are within the pre-failure window, perform a corrective action associated with the ion implant tool. The corrective action (e.g., correcting and/or preemptively correcting component failures) may include providing an alert, interrupting operation of the manufacturing equipment, and/or causing the one or more components to be replaced".
Liao discloses a system for monitoring an industrial environment and making failure predictions. Cella discloses a system for monitoring industrial environments. Each reference discloses means for managing industrial environments, particularly through sensor data. Extending the analytics as recorded in Liao to the system of Cella is applicable as they are directed to the same field of endeavor, namely that of managing industrial environments.
It would have been obvious to one having ordinary skill in the art at the effective filling date of the invention to apply the analytics of Liao and apply that to the system of Cella. Motivation to do so comes from the fact that the claim is plainly directed to the predictable result of combining known items in the prior art, with the expected benefit that adopting said techniques would enable users to perform analytics and actions derivative from the measurements of Cella.
Claims 6 and 11 are rejected as disclosing substantially similar limitations as Claim 1.
Claim 11 additionally recites “a storage medium”, “a computer” “a data evaluation unit”, a “UI unit”, “a data reproduction unit”, and “a data storage unit”. The processor of [0016] of Liao teaches the hardware device that performs claimed functionality. As these units serve to describe behaviors of the computer, we consider the different states resulting from execution of encoded instructions in [0108] of Liao to be the plurality of units, and the storage itself to be the storage medium.
Claims 2, 7, 12
As to Claim 2, Cella combined with Liao teaches all the limitations of Claim 1 as discussed above.
Liao does not expressly disclose the remaining limitations.
However, Cella teaches:
The facility operation support apparatus according to claim 1, wherein the plurality of elements are an acquisition period element, an acquisition location element, and a characteristic element of the operation data.
Pertaining to acquisition period, acquisition location and characteristic element in [1395], "In an illustrative and non-limiting example, the monitoring device may be used to collect and process sensor data to measure mechanical torque. The monitoring device may be in communication with or include a high resolution, high speed vibration sensor to collect data over an extended period of time, enough to measure multiple cycles of rotation. For gear driven equipment, the sampling resolution should be such that the number of samples taken per cycle is at least equal to the number of gear teeth driving the component. It will be understood that a lower sampling resolution may also be utilized, which may result in a lower confidence determination and/or taking data over a longer period of time to develop sufficient statistical confidence.". Note that the location come from the specific component being monitored as well as the particulars of collecting sufficiently high resolution data from said component.
Claims 7 and 12 are rejected as disclosing substantially similar limitations as Claim 2.
Claim 12 additionally recites “a storage medium”. See [0108] of Liao.
Claims 3, 8, 13
As to Claim 3, Cella combined with Liao teaches all the limitations of Claim 2 as discussed above.
Cella does not expressly disclose the remaining limitations.
However, Liao teaches:
The facility operation support apparatus according to claim 2, wherein when the facility is affected by a disaster, the arithmetic device collects the operation data through the communication device in accordance with the data management program
Data capture can occur through the time of a failure, in [0079], "At block 506, the processing logic determines windows (e.g., historical windows 156A) including a normal operation window for a first subset of the historical sensor data and a pre-failure window for a second subset of the historical sensor data. The processing logic may determine windows by determining a time of failure (e.g., based on a peak of sensor data values, based on a peak of health index values such as in FIG. 8B). The processing logic may determine sensor data captured more than a set amount of time (e.g., 24 hours, 48 hours) before the time of failure corresponds to the normal operation window, sensor data captured between the time of failure and the set amount of time before the failure corresponds to the pre-failure window, and the sensor data captured after the time of failure corresponds to the failure window".
and calculates the degree of certainability at the time of the disaster, and the operation plan of the facility is a recovery plan of the facility.
Note that our prediction is inherently for a given time failure window, meaning by calculating our confidence for a failure window we have the degree of certainability at the time of disaster. In [0016], "The one or more outputs may be indicative of a level of confidence of a predicted window. The processing device may predict, based on the level of confidence of the predicted window, whether one or more components of the ion implant tool are within a pre-failure window. A pre-failure window may be a window of time (e.g., 24 hours, 48 hours) before failure of a component is predicted to occur. The processing device may further, responsive to predicting that the one or more components are within the pre-failure window, perform a corrective action associated with the ion implant tool. The corrective action (e.g., correcting and/or preemptively correcting component failures) may include providing an alert, interrupting operation of the manufacturing equipment, and/or causing the one or more components to be replaced". We consider these corrective actions to encompass a recovery plan.
It would have been obvious to one of ordinary skill in the art to apply the data analytics of Liao to the system of Cella. Motivation to do so comes from the same rationale as outlined above with respect to Claim 1.
Claims 8 and 13 are rejected as disclosing substantially similar limitations as Claim 3.
Claim 13 additionally recites “storage medium”, “facility operation support apparatus” a “data collection unit”, “UI unit”, and “a data evaluation unit”. The processor of [0016] of Liao teaches the hardware device that performs claimed functionality. As these units serve to describe behaviors of the computer, we consider the different states resulting from execution of encoded instructions in [0108] of Liao to be the plurality of units, and the storage itself to be the storage medium.
Claims 4, 9, 14
As to Claim 4, Cella combined with Liao teaches all the limitations of Claim 4 as discussed above.
Cella teaches:
operation data having a degree of certainability; operation data
See [1395] as outlined above.
Liao teaches:
The facility operation support apparatus according to claim 3, wherein the storage device stores a recovery plan making program, and the arithmetic device makes the recovery plan of the facility using … a degree of certainability required for making the recovery plan among the … stored in the storage device in accordance with the recovery plan making program.
In [0042], "In general, functions described in one embodiment as being performed by client device 120, server machine 170, and server machine 180 can also be performed on failure prediction server 130 in other embodiments, if appropriate. In addition, the functionality attributed to a particular component can be performed by different or multiple components operating together. For example, in some embodiments, the failure prediction server 130 may receive the user input indicating manufacturing equipment 124 (e.g., a semiconductor processing tool) for the failure prediction and the failure prediction server 130 may provide the alert, shut down the manufacturing equipment 124, etc. based on the level of confidence 158 of the predicted window 156B". Here, we are given that the level of confidence factors into the decision to enact various recovery actions, and thus we have the imposition of a requisite degree of certainability, namely that indicating sufficient predictive certainty to enact a recovery action.
It would have been obvious to one of ordinary skill in the art to apply the data analytics of Liao to the system of Cella. Motivation to do so comes from the same rationale as outlined above with respect to Claim 1.
Claims 9 and 14 are rejected as disclosing substantially similar limitations as Claim 4.
Claim 14 additionally recites “facility operation support apparatus”, “a recovery plan making unit”, and “a data storage unit”. The processor of [0016] teaches the hardware device that performs claimed functionality. As these units serve to describe behaviors of the computer, we consider the different states resulting from execution of encoded instructions in [0108] of Liao to be the plurality of units, and the storage itself to be the storage medium.
Claims 5, 10, 15
As to Claim 5, Cella combined with Liao teaches all the limitations of Claim 4 as discussed above.
Cella teaches:
using an occurrence order of a failure caused by the disaster and a hierarchical relationship in the facility that represent an acquisition period of the operation data,
Regarding the mechanics of data acquisition pertaining to period information and hierarchical templates, in [0470], "In embodiments, the local data collection system is configured to obtain long blocks of data at a single relatively high-sampling rate as opposed to multiple sets of data taken at different sampling rates. In embodiments, the single relatively high-sampling rate corresponds to a maximum frequency of about forty kilohertz. In embodiments, the long blocks of data are for a duration that is in excess of one minute. In embodiments, the local data collection system includes multiple data acquisition units each having an onboard card set configured to store calibration information and maintenance history of a data acquisition unit in which the onboard card set is located". In [0471], "In embodiments, the local data collection system is configured to create data acquisition routes based on hierarchical templates that each include the data collection bands related to machines associated with the data acquisition routes. In embodiments, at least one of the hierarchical templates is associated with multiple interconnected elements of the first machine. In embodiments, at least one of the hierarchical templates is associated with similar elements associated with at least the first machine and a second machine. In embodiments, at least one of the hierarchical templates is associated with at least the first machine being proximate in location to a second machine".
when the failure is recovered, the arithmetic device executes end-to-end communication using the communication device,
In [2973], "In embodiments, the end-to-end real time or periodic connection between a set of industrial digital twins 13734 through the platform 13700, the edge system 13718, control systems 13742, data collectors 13702, SLAM systems 13714, SLAMDC systems 13740 and sensors 13722 to industrial entities 13736 and their various onboard sensors, data collection systems, diagnostic systems, buses, and the like may facilitate control over the various elements of these systems via manipulation of elements in interfaces and dashboards 13738 of the digital twins 13734, including ones that are linked to, included in, or integrated with one or more applications 13732, such as via APIs". Note the maintenance of this end-to-end system after the performance of actions, in [0219], "In embodiments, the industrial-workpiece digital twins are a first industrial-workpiece digital twin corresponding to the industrial workpiece prior to performance of any physical interaction and a second industrial-workpiece digital twin corresponding to the industrial workpiece after performance of the set of physical interactions".
and the arithmetic device detects a hidden failure of the facility through the end-to- end communication.
In [2984], "In embodiments, the sensor kit 28700 is configured to self-monitor for failing components (e.g., failing sensors 28702) and to report failing components to the operator. For example, in some embodiments, the edge device 28704 may be configured to detect failure of a sensor 28702 based on a lack of reporting from a sensor, a lack of response to requests (e.g., “pings”), and/or based on unreliable data (e.g., data regularly falling out of the expected sensor readings)". Note that we are interpreting this overall workflow as following enacting a recovery plan, we utilize our end to end communication to run diagnostics on the overall system to detect additional component failures.
Cella does not disclose the remaining limitations.
However, Liao teaches:
The facility operation support apparatus according to claim 4, wherein the arithmetic device evaluates that the degree of certainability is unstable in accordance with the data management program
Regarding a threshold standard of accuracy in [0032], "The validation engine 184 may be capable of validating a trained machine learning model 190 using the validation set from data set generator 172. The validation engine 184 may determine an accuracy of each of the trained machine learning models 190 based on the validation set. The validation engine 184 may discard trained machine learning models 190 that have an accuracy that does not meet a threshold accuracy".
It would have been obvious to one of ordinary skill in the art to apply the data analytics of Liao to the system of Cella. Motivation to do so comes from the same rationale as outlined above with respect to Claim 1.
Claims 10 and 15 are rejected as disclosing substantially similar limitations as Claim 5.
Claim 15 additionally recites “storage medium”, “data evaluation unit”, “data collection unit“. The processor of [0016] of Liao teaches the hardware device that performs claimed functionality. As these units serve to describe behaviors of the computer, we consider the different states resulting from execution of encoded instructions in [0108] of Liao to be the plurality of units, and the storage itself to be the storage medium.
Conclusion
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/THEODORE XIE/Examiner, Art Unit 3623
/CHARLES GUILIANO/Primary Examiner, Art Unit 3623