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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph 37, “The medium may be electronic, magnetic, optical, electromagnetic, infrared, or semiconductor system (or apparatus or device) or a propagation mediums in and of themselves as signal carriers are not included in the definition of physical computer-readable medium include a semiconductor or solid state memory, magnetic tape, a removable computer diskette, random access memory (RAM), a read only memory (ROM), a rigid magnetic disk and optical disk such as compact disk read-only memory (CD-ROM), compact disk read/write, and digital versatile disc (DVD).” is unclear.
It may refer to “The medium may be electronic, magnetic, optical, electromagnetic, infrared, or a semiconductor system (or apparatus or device). Propagation mediums in and of themselves as signal carriers are not included. [[in the definition of]] Examples of physical computer-readable medium include a semiconductor or solid state memory, magnetic tape, a removable computer diskette, random access memory (RAM), a read only memory (ROM), a rigid magnetic disk and optical disk such as compact disk read-only memory (CD-ROM), compact disk read/write, and digital versatile disc (DVD).”
Appropriate correction is required.
Claim Objections
Claims 1, 5, 9 objected to because of the following informalities:
Referring to claim 1, “receiving the data values for one or more publisher devices of the client devices, broadcasting data in the process bus communication network, and one or more subscriber devices of the client devices, seeking broadcasted data in the process bus communication network” is unclear as the commas are unnecessary. It is understood to refer to “receiving the data values for one or more publisher devices of the client devices[[,]] broadcasting data in the process bus communication network[[,]] and one or more subscriber devices of the client devices[[,]] seeking broadcasted data in the process bus communication network”.
Referring to claim 5, “wherein processing the received data values to detect anomalies in the process bus communication network comprises using one or more of statistical analysis techniques, machine learning techniques” is understood to refer to “wherein processing the received data values to detect anomalies in the process bus communication network comprises using one or more of statistical analysis techniques, and machine learning techniques”.
Referring to claim 9, the abbreviation svcbRef was not first introduced following “Sampled Value Control Block Reference”.
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 4, 6-8 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.
Referring to claim 4, “performing data integrity checks on the received data values by determining hash values associated with the respective data values; and identifying mismatches between the determined hash value and a computed hash value for the respective data values as an anomaly” is unclear. It is understood to refer to “performing data integrity checks on the received data values by determining respective hash values associated with the respective data values; and identifying mismatches between the determined respective hash value and a computed respective hash value for the respective data values as an anomaly”.
Referring to claim 6 and 8, “processing the received data values” appears to have been intended for data “from” the publisher or subscriber, and not processed “in” those devices.
Further referring to claims 6 and 8, the placement of “, at one of the one or more publisher devices” and “, at one of the one or more subscriber devices” renders what is being detected unclear.
For the purpose of examination, claim 6 is understood to refer to “wherein classifying each of the detected anomalies comprises: processing the received data values [[in]]from the one or more publisher devices to detect configuration setting(s) [[therein]]at one of the one or more publisher devices related to one or more of: an unset parameter, a mismatched protocol version, incorrect data transmission rates, inconsistencies in data formatting protocols
Claim 8 is understood to refer to “wherein classifying each of the detected anomalies comprises: processing the received data values [[in]]from the one or more subscriber devices to detect configuration setting(s) at one of the one or more subscriber devices [[therein ]]related to one or more of: incomplete data reception settings, un-synced data synchronization settings, unsupported data formats, missing security protocols
Referring to claim 7, the placement of “, between one of the one or more publisher devices and the corresponding one of the one or more subscriber devices” renders what is being detected unclear. For the purpose of examination, claim 7 is understood to refer to “wherein classifying each of the detected anomalies comprises: processing the data values to detect discrepancies between one of the one or more publisher devices and the corresponding one of the one or more subscriber devices related to one or more of: data packet losses, timing misalignments, protocol mismatches, encryption inconsistencies
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
At step 1, if no statutory category rejection was given above, then the claims have been determined to have a statutory category.
Referring to claim 1, at step 2a, prong one, as emphasized, there is disclosed a method for querying data from client devices in a process bus communication network, receiving data, processing the data to detect anomalies, classifying the detected anomalies, and outputting information on the detected anomalies including classification. Claim 1 recited, “A method for maintaining a process bus communication network, the method comprising: querying data values from client devices operating in the process bus communication network; receiving the data values for one or more publisher devices of the client devices, broadcasting data in the process bus communication network, and one or more subscriber devices of the client devices, seeking broadcasted data in the process bus communication network; processing the received data values to detect anomalies in the process bus communication network; classifying each of the detected anomalies into at least one of: a configuration issue at one of the one or more publisher devices, a communication issue due to incompatibility between one of the one or more publisher devices and corresponding one of the one or more subscriber devices, a configuration issue at one of the one or more subscriber devices; and providing an output comprising details of the detected anomalies, comprising classification thereof.” Claims 14 and 15 claim or attempt to claim different statutory categories of an independent claim already determined to have a statutory category.
The limitations of processing and classifying, as crafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of additional elements that do not integrate the judicial exception into a practical application. That is, nothing in these claim elements as emphasized precludes the step from practically being performed in the mind, possibly with the aid pen and paper. For example, these steps perform steps of observation, evaluation, judgment, or opinion.
At step 2a, prong two, this judicial exception is not integrated into a practical application. In particular the claim additionally recites a generic computer (presumably what queries from client devices), querying and receiving data, and providing output.
The computer is recited at a high level of generality. The computer is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f).
The limitations of querying and receiving data (including querying from client devices of the process bus communication network) and outputting details are necessary data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and output, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05.
Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application, and the claim is directed to the judicial exception.
At step 2b, 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, there are the additional elements of a generic computer, querying and receiving data, and outputting details.
The limitations regarding use of a computer amounts to no more than mere instructions to apply the exception using a generic computer component. See MPEP2106.05(d), for example TLI Communications, Flook, Alice Corp, and Versata.
The limitation of querying and receiving data amounts to receiving or transmitting data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. See MPEP 2106.05(g). Further, see US 20200252264 A1 at paragraph 2, US 20150325108 A1 at paragraph 35, US 20230300152 A1 at paragraph 22, US 20200143481 A1 at paragraph 134, US 20200134069 A1 at paragraph 59, US 20220122001 A1 at paragraph 253, US 20180089017 A1 at paragraph 39, and US 20150032752 A1 at paragraph 7.
Further regarding client devices on a process bus communication network that could be the target of such a query, this is well-understood, routine, and conventional. See for example US 20220131377 at paragraph 42, US 20220353196 at paragraph 33, and US 20070206644 at paragraph 24.
Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept.
Further referring to claim 2, the querying is additionally claimed to utilize “web services”. This does not integrate the judicial exception into a practical application. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Web services are well-understood, routine, conventional. See for example US 20110282943 at paragraph 54, US 20060167856 at paragraph 49, US 20160149858 at paragraph 103, US 20120102472 at paragraph 52.
Further referring to claim 3-10, this further claims steps of observation, evaluation, judgment, or opinion.
Further referring to claim 11, “initializing” the corrective action appears to be, at best, performing an operation represented by adding words equivalent to "apply it" that is necessary for use of the recited judicial exception, an insignificant application of the abstract mental process of observation, evaluation, judgment, or opinion. Further, “initializing” is recited at a high level of generality. Initializing is therefore insignificant extra-solution activity. See MPEP 2106.05(f) and (g).
Further referring to claim 12, this describes data.
Further referring to claim 13, there is claimed an “interface” to display the output and further descriptions of the data displayed. This does not integrate the judicial exception into a practical application. the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Interfaces are well-understood, routine, conventional. See for example US 20050010416 at paragraph 125, US 20090150812 at paragraph 3, US 20130007655 at paragraph 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“SCOTT MIX” AND US10924330, recited by EPO and the IDS, were not found to teach or fairly suggest “querying data values from client devices operating in the process bus communication network; receiving the data values for one or more publisher devices of the client devices, broadcasting data in the process bus communication network, and one or more subscriber devices of the client devices, seeking broadcasted data in the process bus communication network”.
KR_20220123987, see abstract.
KR 20210145427, see abstract.
US_20170353991, see abstract.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL L CHU whose telephone number is (571)272-3656. The examiner can normally be reached weekdays 8 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashish Thomas can be reached at (571)272-0631. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIEL CHU/ Primary Examiner, Art Unit 2114