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                          COMMISSIONER'S DECISION

 

Computer Program - The correcting signal obtained by the arrangement of means

in a process control system was found to be directed to more than an algorithm.

All claims found not to define the arrangement. Rejection modified.

 

                       ************************

 

This decision deals with Applicant's request that the Commissioner of Patents

review the Examiner's Final Action on application 287,623 (Class 341-110). The

application was filed September 27, 1977, and is entitled GAIN ADAPTIVE PROCESS

CONTROL. The inventors are Thomas M. Bartley and Richard F. Giles. The

Examiner in charge issued a Final Action on April 21, 1981 refusing the

application.

 

The application relates to a method and apparatus used in a process control

system such as in electrical analog, digital electronic, pneumatic, mechanical,

hydraulic and other control system formats. Such a system is shown in figure 1

of the application, reproduced below. Controller 11 receives an input signal

12 and a variable signal 14. The controller has a comparison means 15 and a

controller characteristic means 17 which act on signals 12 and 14 to produce a

process control signal 18, which in turn is sent both to the actual process 21,

and to the process simulator means 31. Signal 27 which is actually produced by

the process, and signal 37 from the simulator, are led to the divider means 41.

Here a ratio signal 42 is obtained and sent to a multiplier means 43. This

means performs a multiplying action on both the ratio signal and the process

prediction signal 33 to produce the variable signal 14. Controller 11 uses the

variable signal to control the process in an on-going manner in response to

process variations from desired conditions.

 

                   (See formula 1)

 

In the Final Action the Examiner said that the disclosure and claims are

essentially directed to an algorithm for controlling a process and are therefore

unpatentable under Section 2 of the Patent Act. In that action the Examiner

stated (in part):

 

 ...

 

The examiner categorizes the method of claim 1 to

incorporate the following steps.

 

(1)  generate a process control signal

(ii) apply this signal to a process          

(iii)generate a process prediction signal

(iv) apply a delay factor

(v)  generate a process measurement signal

(vi) generate a correction signal

(vii)apply a controller variable input signal in a

      response to above       

 

...   

 Mathematical methods are disclosed to equate each of the

alleged novel aspects of claim 1 as outlined below:

 

(1) The process (item 21) embodies a transfer function as

yell as a dead time function (page 8, line 28)

 

...

 

(2) The predictive term embodies transfer function (page 9,

line 2)

...

 

It is conclusive to the examiner that the steps recited in

claim 1 all relate to the computer program function and the

only embodiment disclosed is the computer program generated

one and the sub-routines to simulate the process control

system. It is concluded that the only difference from the

old structure (Smith Predicator) is the software applied.

 

...

 

An analysis of claim 11 reveals that a process controller is

used to generate a process control signal and consequently

argued by the applicant that this is novel apparatus in this

application.

 

It is well known that a programmable controller is well

suited to a variety of applications and offers logic in an

easily programmable system which will operate in an

industrial environment. Furthermore, a controller resembles

a memory. However, the fact remains that it is a programmed

machine and differs from a computer only in its level of

sophistication. This situation could be compared to

generating a logical or function using either diodes or a

linear element where both provide the same functional

result.

 

In consideration of the fact that no unique apparatus or

novel combination is disclosed it is held that no novelty

exists.

 

...

 

Since the disclosed programming is not carried out with

specific new fully disclosed apparatus devised to implement

a new method of process control, the disclosure and claims

are rejected as being essentially directed to an algorithm

for controlling a process and therefore unpatentable subject

matter under Section 2.

 

...

 

The Applicant did not agree with the Examiner and argued (in part):

 

...

 

The claims are directed to method and apparatus for

controlling a process and not simply to an algorithm or

computer program. Certainly mathematics is involved in the

process control but it is difficult to imagine any type of

process control which does not rely on some type of

mathematics even if it is a simple comparison. However,

even though mathematics are involved in the process control

it is respectfully submitted that the claims are not

directed to an algorithm or a computer program but are

rather directed to method and apparatus for controlling a

process. The claimed process control requires measurements,

control of a process in response to certain signals and the

calculation or generation of certain signals. It is

recognized that parts of the process control claimed could

 be implemented on a digital computer but that does not lead

to the conclusion that the claims are directed to an

algorithm or a computer program.

 

Referring specifically to the independent claims, claim 1

requires the generation of a process control signal. This

process control signal could be generated using a digital

computer or could be generated using a large variety of

process controllers which are manufactured by numerous

 

       vendors. Claim 1 also requires that the process must be

       controlled in response to the process control signal. This

       is not a computer program but is rather process control

       based on a control signal.

 

       Claim 1 further requires the generation of a process

       prediction signal and the applying of a delay factor to that

       process prediction signal to produce a delayed prediction

       signal. It is recognized that these two steps could be

       implemented on a digital computer but the fact that certain

       method steps in a claim can be carried out in a digital

       computer does not necessarily lead to the conclusion that

       the claims are directed to a computer program. These method

       steps define specific steps which must be taken in

       controlling the process.

 

       Claim 1 further requires the generation of a process

       measurement signal. Typically a process measurement signal

       is provided by a measurement device such as a chromatograph.

 

The final two steps in claim 1 are based on mathematics and

       could be carried out by means of a digital computer but it

       is again respectfully submitted that these method steps are

       specific steps required to control the process and are not

       simply a computer program.

 

       In summary with respect to claim 1, it is pointed out that

       two specific steps are totally outside any type of computer

       program and other steps while mathematical in nature could

       be implemented by means other than a computer program. It

       is recognized that mathematics is involved in some of the

       method steps of claim 1 but it is respectfully submitted

       that claim 1, when taken as a whole, is directed to specific

       method steps required to control a process. The novelty

       lies in the predictive manner in which a process is

       controlled and does not lie in any specific computer

       program.

 

       Referring now to the independent apparatus claim 11, there

       is required a process controller means for generating a

       process control signal. A process controller means can be

       implemented on a digital computer but can also be

       implemented by using a number of different types of process

       controllers which are manufactured by a number of different

       venders. Claim 11 further provides means for providing a

       process measurement signal. This would typically be a

       measurement instrument such as a chromatograph,

       thermocouple, etc. Claim 11 further requires a process

       model means, means for generating a correction signal in

       response to a ratio and means for multiplying. It is

       recognized that mathematics is involved in the operation of

       this apparatus. However, this does not necessarily imply

       that a digital computer programmed in a specific manner is

       being claimed. This apparatus could also be implemented

       outside a digital computer. Further, this apparatus is

       specific apparatus required for the process control of the

       present invention.

 

       ...

 

       ...When claim 11 is taken as a whole, it can be seen that

       the claim requires not only a process controller but also

       requires specific measurement apparatus and other control

       apparatus which when combined in the manner required

       provides novel apparatus for controlling a process. Thus,

       the claim does not rely on the presence of a process

       controller for novelty. Further, the claim is not directed

       to a digital computer programmed in a specific manner but is

       rather directed to a specific apparatus which is required

       for controlling a process in accordance with the present

       invention. Some of the apparatus required is measurement

apparatus and other apparatus could be easily implemented

onside by a digital computer.

 

...

 

...it is noted that the novelty in the present invention, as

claimed, does not lie solely in a program or algorithm but

lies in specific steps or apparatus required to control a

process in accordance with applicant's invention. Some of

the steps require measurements. Others require control of a

process in response to certain signals. Others are

mathematical in nature but are still specific steps required

to control the process in accordance with applicant's

invention. When taken as a whole the claims do not define a

computer program and certainly the novelty does not lie

solely in a computer program or algorithm.

...

 

The issue before the Board is whether or not the application and all claims are

directed to patentable subject matter under Section 2 of the Patent Act. Claim

1 reads:

 

A method of controlling a process, said method comprising:

generating a process control signal in response to a

comparison of a controller variable input signal and a

controller setpoint signal;

applying said process control signal to said process to

effect control thereof;

generating, in response to said process control signal, a

process prediction signal representative of the predicted

response of a measured process variable to said process

control signal;

applying a delay factor, modeled after the response delay of

said process, to said process prediction signal to produce a

delayed prediction signal;

generating, a process measurement signal representative of

the value of said measured process variable;

generating, in response to said process measurement signal

and said delayed prediction signal, a correction signal

responsive to the ratio of said measured process variable to

the delayed process response prediction; and

generating said controller variable input signal in response

to the product of said process signal and said correction

signal.

 

It may well be that the method and means of the application have used

calculations to arrive at altered signals, but the end result of the signals

is an altered process and not merely a display of information. We find

therefore that something more than a mere algorithm has been advanced by

Applicant, and that the application is directed to patentable subject matter.

 

In the prosecution of Applicant's corresponding United States application,

United States patent 3,558,045 January 26, 1971 to Smith et al was cited.

We note that Applicant's system is different from the system of the Smith

predictor circuit noted by Applicant. In the Smith predictor, the subtracting

means acts on a signal coming from a process in order to produce a correcting

signal which is used in controlling a process, and in the patent a correcting

signal is used in controlling chemical reactions. Applicant uses a correcting

signal in process control systems including electrical analog, digital

electronic, pneumatic, mechanical, hydraulic, and other control system formats.

We are impressed by the fact that Applicant has used different means from those

in the Smith patent. We note however that the Smith patent was not cited by the

Examiner.

 

We find that the claims are also directed to patentable subject matter. In so

finding however, we observe that all of the claims do not adequately define the

method and means of dividing the process signal and the delayed prediction

signal to produce an interim signal, and of providing a multiplying effect to

the interim signal and a process prediction signal so that a correction signal

is obtained which is representative of on-going changes in a process.

 

In summary, we are satisfied that the application discloses patentable subject

matter and that in the absence of cited art it may be properly claimed.

 

We recommend that the rejection of the application and claims as being directed

essentially to an algorithm be withdrawn and that the application be returned to

the Examiner for further prosecution leading to acceptable claims.

 

A. McDonough            M.G. Brown        S.D. Kot

Chairman                Assistant Chairman      Member

Patent Appeal Board

 

I concur with the findings and recommendation of the Patent Appeal Board.

Accordingly, I withdraw the Final Action, and I am remanding the application to

the Examiner for further prosecution consistent with the recommendation.

 

J.H.A.  Gari‚py

Commissioner of Patents             Agent for Applicant

                        Herridge, Tolmie,

Dated a Hull, Quebec          116 Albert St.

this 5th. day of August, 1983       Ottawa, Ont.

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