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 .
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/11/2025 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Pat. No. 12,360,515. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant claims is anticipated by the patented claims. For example, compare instant claim 1 and patented claims 1 and 4:
U.S. Pat. 12,360,515
App. No. 19/235,247
1. A system for documenting industrial control systems, comprising:
1. A system for documenting industrial control systems, comprising:
a memory that stores executable components; and
a processor, operatively coupled to the memory, that executes the executable components, the executable components comprising:
a memory that stores executable components; and
a processor, operatively coupled to the memory, that executes the executable components, the executable components comprising:
a discovery component configured to deploy, to devices of an industrial control system, discovery agents configured to discover and collect respective sets of information about the devices and networks of the industrial control system; and
a discovery component configured to deploy, to devices of an industrial control system, discovery agents configured to discover and collect respective sets of information about the devices and networks of the industrial control system; and
an aggregation component configured to receive the sets of information from the discovery agents and generate, based on the sets of information, a topology model of the industrial control system,
wherein
an aggregation component configured to receive the sets of information from the discovery agents and generate, based on the sets of information, a topology model of the industrial control system,
wherein
the topology model documents the devices of the industrial control system and point-to-point communication paths between pairs of the devices,
the topology model defines a point-to-point communication path, of the point-to-point communication paths, in terms of path segments that make up the point-to-point communication path, communication protocols of the path segments, and one or more intermediate devices that delineate the path segments, and
the aggregation component is configured to generate the topology model based on an aggregation algorithm that defines rules for aggregating the sets of information from different types of the discovery agents into segments of the topology model.
the aggregation component is configured to generate the topology model based on an aggregation algorithm that defines rules for aggregating the sets of information from different types of the device agents into segments of the topology model,
4. The system of claim 1, wherein
the sets of information comprise at least device configuration data for a first device, of the devices, received from one of the discovery agents, and
the aggregation component is configured to infer a presence of a second device of the devices based on analysis of the device configuration data, and update the topology model to record the second device.
the sets of information comprise at least device configuration data for a first device, of the devices, received from one of the discovery agents, and
the aggregation component is further configured to infer a presence of a second device of the devices based on analysis of the device configuration data, and update the topology model to record the second device.
Instant claims 10 and 16 are parallel in scope to instant claim 1 and similarly anticipated by the patented claims. Instant claims 2-9, 11-15, and 17-20 are similarly anticipated by the patented claims.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art with regards to 35 U.S.C. 102 and 35 U.S.C. 103, pending the nonstatutory double patenting rejection above.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not teach, suggest, or render obvious the specific method, system, and product as set forth in the Specification, ¶[00160]-[00161], Fig. 24, and recited in independent claims 1, 10, and 16, in particular comprising:
an aggregation component configured to receive the sets of information from the discovery agents and generate, based on the sets of information, a topology model of the industrial control system, wherein
the aggregation component is configured to generate the topology model based on an aggregation algorithm that defines rules for aggregating the sets of information from different types of the device agents into segments of the topology model,
the sets of information comprise at least device configuration data for a first device, of the devices, received from one of the discovery agents, and
the aggregation component is further configured to infer a presence of a second device of the devices based on analysis of the device configuration data, and update the topology model to record the second device (claim 1; similarly recited in claims 10 and 16).
These limitations, in conjunction with the other limitations of the independent claims, are allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH R MANIWANG whose telephone number is (571)270-7257. The examiner can normally be reached 8:30AM - 4:30PM.
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, Wing F Chan can be reached at (571) 272-7493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH R MANIWANG/Primary Examiner, Art Unit 2453
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