NON-FINAL OFFICE ACTION
This Office Action is a Reissue of U.S. Application No. 16/919,601 (the ‘601 application) now U.S. Patent No. 10,195,950 issued on Feb. 5, 2019 to Dow. (the ‘950 patent).
The status of the claims amended on 4/30/2024 is as follows;
Claims 21-25, 27-30 and 32-35 are pending.
Claims 21-25, 27-30 and 32-35 are rejected.
IV. CLAIM INTERPRETATION
During examination, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the claims. See MPEP § 2111 et seq.
A. Lexicographic Definitions
After careful review of the original specification, the prosecution history, and unless expressly noted otherwise by the Examiner below, the Examiner finds that he is unable to locate any lexicographic definitions (either express or implied) with reasonable clarity, deliberateness, and precision. Because the Examiner is unable to locate any lexicographic definitions with reasonable clarity, deliberateness, and precision, the Examiner concludes that Applicant is not their own lexicographer. See MPEP § 2111.01 IV.
B. ‘Sources’ for the 'Broadest Reasonable Interpretation'
For terms not lexicographically defined by Applicant, the Examiner hereby adopts the following interpretations under the broadest reasonable interpretation standard. In other words, the Examiner has provided the following interpretations simply as express notice of how he is interpreting particular terms under the broadest reasonable interpretation standard. Additionally, these interpretations are only a guide to claim terminology since claim terms must be interpreted in context of the surrounding claim language.1 In accordance with In re Morris, 127 F.3d 1048, 1056 (Fed. Cir. 1997), the Examiner points to these other “sources” to support his interpretation of the claims. Finally, the following list is not intended to be exhaustive in any way:
“Processor” #1
“1: one that processes 2. a: (1) a computer (2) The part of a computer system that operates on data – called also a central processing unit.” Microsoft Press Computer Dictionary, 2nd Edition, Microsoft Press, Redmond, WA, 1994. 2
Output “n The results of processing, whether sent to the screen or printer, stored on disk as a file, or sent to another computer in a network.” Computer Dictionary, 3rd Edition, Microsoft Press, Redmond, WA, 1997.
“Software”
“n. Computer programs; instructions that make hardware work....” Microsoft Press Computer Dictionary, 5th Edition, Microsoft Press, Redmond, WA, 2002.
“Special programming”
“Includes any functionality that is not 'coextensive' with a microprocessor or general purpose computer. [Emphasis added.]” Apr 2023 Remarks (quoting Ergo Licensing, LLC v. CareFusion 303, Inc., 673 F.3d 1361, 1365, 102 USPQ2d 1122, 1125 (Fed. Cir. 2012)).
“transceiver”
“n [transmitter + receiver] (1934) : a radio transmitter receiver that uses many of the same components for both transmission and reception” Merriam-Webster’s Collegiate Dictionary 10th edition copyright 1999.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-25, 27-30 and 32-34 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21 discloses the following;
“a wireless transceiver compliant with an IEEE 802 Standard”
“a first future time” and
“a second future time”,
controlling a first wireless power transmission, from the transmission coil to a receiving coil of a vehicle that is outside of the power transmission system, to be performed at a first future time based on a received first charging start time command;
“receiving, by the transceiver form the vehicle a second charging start time command instructing the power transmission to perform a second wireless power transmission”
controlling a third wireless power transmission
controlling a transmission of information, using the transceiver, to a power receiving device of a vehicle,
The examiner notes that the specification does not disclose an IEEE standard of any kind much less an 802 standard that has a compliant wireless transceiver or how the transceiver receives any charging start time command, first future, second future or other command. The Examiner understands that a wireless communication protocol is used between the power station and the vehicle and that a transceiver is a well-known piece of hardware used in a communication system. However, the specification is silent and does not disclose a first or second future time or a first or second or third wireless power transmission. Therefore, the Examiner maintains that as best that can be determined from the specification is that a wireless protocol between the vehicle and the charger can use any communication means or timing. The Examiner also notes that the “power transmission system” is not defined in the specification. As best that can be determined by the examiner the power transmission system is a power control unit and the motor generator but not a charging coil in the vehicle.
The Examiner finds that specification does not disclose or teach the following;
“a wireless transceiver compliant with an IEEE 802 Standard”
“a first future time” and
“a second future time”,
controlling a first wireless power transmission, from the transmission coil to a receiving coil of a vehicle that is outside of the power transmission system, to be performed at a first future time based on a received first charging start time command;
“receiving, by the transceiver form the vehicle a second charging start time command instructing the power transmission to perform a second wireless power transmission”
controlling a third wireless power transmission
controlling a transmission of information, using the transceiver, to a power receiving device of a vehicle,
Claim 27 claims a wireless transceiver compliant with an IEEE 802 standard. As noted above with respect to claim 21 the specification is silent with respect to an IEEE 802 standard or a compliant transceiver. The examiner maintains that as best that can be determined from the specification is that a wireless protocol between the vehicle and the charger can use any communication means.
The dependent claims are rejected based on the rejections applied to the independent claims.
Claim Rejections - 35 USC § 251
Claims 21-25, 27-30 and 32-34 are rejected under 35 U.S.C. 251 as being based upon new matter added to the patent for which reissue is sought. The added material which is not supported by the prior patent is as explained above in the 35 U.S.C. §112(1st ¶) rejection.
Claim Rejections - 35 USC § 103
As best understood, claims 21, 22, 24, 25, 27-30 and 32-35 are rejected under 35 U.S.C. 103 as obvious over US 2013/0335015 to Ichikawa in view of US 2016/0009188 to Yokoyama and US 2016/0009188.
Ichikawa teaches the claimed elements as follows:
21. A charging method of a power transmission system that includes a wireless transceiver compliant with an IEEE 802 Standard3, and a transmission coil, the charging method comprising: (Ichikawa: Figs. 1, 2, 7 and 8)
controlling a first wireless power transmission, from the transmission coil (Fig. 7 [110]) to a receiving coil of a vehicle that is outside of the power transmission system, to be performed at a first future time based on a received first charging start time command;
receiving, by the transceiver from the vehicle, a second charging start time command instructing the power transmission to perform a second wireless power transmission, from the transmission coil to the receiving coil, at a second future time that is different from the first future time and which corresponds to a user input to a user interface of the vehicle;
in response to a determination that a charging start request has been input through a user interface of the power transmission system after the receipt of the second charging start time command and before the second future time, controlling a third wireless power
Ichikawa discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 (see Fig. 7 230 and 160) with receiving module 110 (inclusive of 100) which operates under control of ECU 240 which includes a processor. (Fig. See, e.g. Ichikawa at [0132] - The power transmitting ECU 240 includes a CPU, a storage device and an input/output buffer…) and displays unit [242]. The power receiving coil 110 is not part of the power transmission unit 120-130.
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in response to a determination by the processor that a charging start request has
been input through the displayed user interface before a charging time arrives, control
the wireless power transmission to start before the charging time arrives,
See, e.g. Ichikawa at [0127] disclosing communication unit 230 and 160 for carrying out wireless communication between the power transmitting device 200 and the vehicle 100. The communication unit 230 receives the battery information INFO and the signal STRT or signal STP for instructions to start or stop transmission of electric power, transmitted from the communication unit 160 of the vehicle 100, and outputs these pieces of information to the power
transmitting ECU 240. Ichikawa does not specifically disclose an in IEEE 802 standard transceiver for use in transmitting information between the wireless power transmission device and the vehicle but does teach the use of wireless communication. Yokoyama discloses in paragraphs [0053]-[0054] a communication unit 245 transmits and receives data to from at least one of the client devices and may use a IEE 802 compliant transceiver or another suitable wireless communication method between the vehicle function system 191 and the client device 103. With respect to the first, second or future charging start time the invention to Yokoyama can perform a vehicle function based on a predetermined window such as a departure time as explained with respect to figure 6 and 7 reproduced below. Yokoyama teaches that there can be many different charging time slots available based on target state of charge and price data and that these future time slots may be assigned to the vehicle.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to combine the various embodiments of Ichikawa with the elements of Yokoyama and the knowledge of one of ordinary skill in the art to realize the invention as claimed. Ichikawa discloses that “The power transmitting ECU 240 includes a CPU, a storage device and an input/output buffer (which are not shown in FIG. 7). The power transmitting ECU 240 receives signals from sensors, or the like, and outputs control signals to various devices to thereby control various devices in the charging station 210. Note that control over the vehicle 100 and the devices are not only limited to processing by software but may also be processed by exclusive hardware (electronic circuit).” [0132]. This teaching would provide motivation to one of ordinary skill to find similar systems that communicate wirelessly and use sensors to ascertain system requirements, provide a plurality of time charging slots and determine the rate of charge based on system requirements and on user preferences. See e.g. MPEP 2143: Examples of Basic Requirements of a Prima Facie Case of Obviousness. I. A. Combining prior art elements according to known methods to yield predictable results. In this case all of the claimed elements were known in the prior art and one skilled in the art would have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395.
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Yokoyama
wherein the charging time is received by the transceiver from the vehicle, for a
corresponding user input to a user interface of the vehicle for controlling the power receiving
device with respect to the charging time of a future time the wireless power transmission is set
to be started,
Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
As noted above, Ichikawa discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 with receiving module 110 (inclusive of 100). Further, to the extent that Ichikawa’s power transmitting unit is not considered to be located outside of power transmission system of the vehicle, this feature would be an obvious design choice to one of ordinary skill in the art as an obvious was of improving accessibility. (Ichikawa at [0111, 0115, 0127, 0206,] Figs 1, 2, 7, 8, 16A, 31A)
The communication unit 230 receives the battery information INFO and the signal STRT or signal STP for instructions to start or stop transmission of electric power, transmitted from the communication unit 160 of the vehicle 100, and outputs these pieces of information to the power transmitting ECU 240. Ichikawa at [0127]
wherein the information includes communication state setup information, a charger
number, and corresponding information representing a normal state and a standby state of the
power transmission device, and
Ichikawa discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 with receiving module 110 (inclusive of 100) Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
wherein the information further includes charging progression state information and state information for a respective displaying of a charging progression state of the wireless power transmission and a state of the power transmission device by a display of the vehicle.
Ichikawa at [0127] Via display unit 234 [0120] Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
As noted above, Ichikawa discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 with receiving module 110 (inclusive of 100). Further, to the extent that Ichikawa’s power transmitting unit is not considered to be located outside of the power transmitting system vehicle, this feature would be an obvious design choice to one of ordinary skill in the art as an obvious was of improving accessibility. (Ichikawa at [0111, 0115, 0127, 0206,] Figs 1, 2, 7, 8, 16A, 31A)
The communication unit 230 receives the battery information INFO and the signal STRT or signal STP for instructions to start or stop transmission of electric power, transmitted from the communication unit 160 of the vehicle 100, and outputs these pieces of information to the power transmitting ECU 240. Ichikawa at [0127]. The relevant charging information is transmitted between the system 200 and the vehicle 100 and displayed on the display unit 242 or display unit 142.
22. The method of claim 21, further comprising determining a charger number confirmation message, corresponding to the charger number, received by the transceiver from the power receiving device.
Ichikawa discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 with receiving module 110 (inclusive of 100) and Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238]). Ichikawa also discloses a vehicle ECU that is used to control all vehicle sensors and processes of the vehicle as disclosed in paragraphs [0105]-[0132].
24. The method of claim 21, comprising determining a normal state and standby state of the power receiving device received by the transceiver from the power receiving device.
Ichikawa discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 with receiving module 110 (inclusive of 100). Protocols would be inherent. Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
25. The method of claim 21, further comprising determining a message normal state and standby state of the power receiving device received by the transceiver from the power receiving device.
Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238]
27. A charging method of a power transmission device of a power transmission system that includes a wireless transceiver compliant with an IEEE 802 Standard and a transmission coil, the charging method comprising: (See, preamble claim 1)
controlling wireless power transmission, from the transmission coil to a receiving coil of a
vehicle that is outside of the power transmission system, to be performed based on a charging
time command received by the transceiver from the vehicle; and
As noted above, Ichikawa discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 with receiving module 110 (inclusive of 100). As noted above, to the extent that Ichikawa’s power transmitting unit is not considered to be located outside of the power transmitting system of the vehicle, this feature would be an obvious design choice to one of ordinary skill in the art as an obvious was of improving accessibility. (Ichikawa at [0111, 0115, 0127, 0206,] Figs 1, 2, 7, 8, 16A, 31A)
controlling a stopping of the transmission of the power, in a case in which the transmission coil is transmitting the power based on the controlling of the wireless power transmission, based on a charging stop command received by the transceiver, from a power receiving device of the vehicle, for a corresponding user input to a user interface of the vehicle for controlling the power receiving device with respect to the charging stop command,
Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
The communication unit 230 receives the battery information INFO and the signal STRT or signal STP for instructions to start or stop transmission of electric power, transmitted from the communication unit 160 of the vehicle 100, and outputs these pieces of information to the power transmitting ECU 240. Ichikawa at [0127] (Ichikawa at [0019, 0072, Fig. 5)
wherein the charging time command corresponds to an extent of time the wireless power
transmission is set to be performed.
(Ichikawa Figs. 16A/B, 31A/B, [00117, 0019])
28. The charging method of claim 27, further comprising determining, by the power transmission device, information representing a charging start possible state received by the transceiver from the power receiving device.
(Ichikawa at [0111, 0115, 0127, 0206,] Figs 16A, 31A) Ichikawa at [0127] Via display unit 234 [0120] Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
29. The charging method of claim 27, further comprising determining, by the power transmission device, information representing a normal state, an abnormal state, and a preparation state of the power receiving device received by the transceiver from the power receiving device.
(Ichikawa at [0111, 0115, 0127, 0206,] Figs 16A, 31A) Ichikawa at [0127] Via display unit 234 [0120] Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
30. The charging method of claim 27, further comprising determining, by the power transmission device, information representing an output voltage and different information representing an output current with respect to the receiving coil received by the transceiver from the power receiving device.
Ichikawa [0104-0106, 0111-0113]
33. The charging method of claim 27, further comprising:
transmitting, to the power receiving device, charging progression state information and
state information for respectively displaying a charging progression state and a state of the
power transmission device by a display of the vehicle.
See, e.g. Ichikawa at [0127] disclosing communication unit 230 for carrying out wireless communication between the power transmitting device 200 and the vehicle 100. The communication unit 230 receives the battery information INFO and the signal STRT or signal STP for instructions to start or stop transmission of electric power, transmitted from the communication unit 160 of the vehicle 100, and outputs these pieces of information to the power
transmitting ECU 240.
Ichikawa at [0127] Via display unit 234 [0120] Ichikawa teaches charging state (e.g. normal, standby, etc. e.g. at [0089-0091], [0105], [0111]) and communicating parking space number associated with a charger ([0238])
(Twice Amended) The method of claim 21, wherein the wireless power transmission is a resonant wireless power transmission.
34. The charging method of claim 27, wherein the wireless power transmission is a resonant wireless power transmission.
See, e.g. Ichikawa FIG. 2 - a schematic view for illustrating the principle of transmission of electric power through a resonance method. (Also, Ichikawa at [0077] and Fig. 7) Ichikawa FIG. 2, [0075-0078]
35. A method for controlling a wireless power transmission, the method comprising;
by a power transmission device of a power transmission system:
based on a performed matching of a vehicle and a position of a transmitting coil of the power transmission system installed outside of the vehicle, with respect to a performed moving of the vehicle dependent on a charging request by a user interface device of the vehicle and dependent on position information of the transmitting coil for matching the position of the transmitting coil with the vehicle, controlling a performance of a wireless power transmission from the transmitting coil [220] to a receiving coil [110] of the vehicle, connected to a power receiving device of the vehicle, based on a charging start command related to the charging request; and
transmitting by the power transmission device to the power receiving device information about a charging progression state of the performance of the wireless power transmission and state information of the power transmission device, for transmitting from the power receiving device to a display of the vehicle information about the charging progression state, for displaying of the charging progression state by the display, state information of the power receiving device, and the state information of the power transmission device.
The examiner notes that Ichikawa discloses in the figures and specification a power transmission system and device that wirelessly transmits power using a coil of a transmitter and a coil in the vehicle and charges that vehicle based on information transmitted between the power transmitting coil and the vehicle coil using a wireless communication system. The system shows the status of the charge on the display unit 142 or 242 as disclosed in Ichikawa as discussed above with respect to charging progression and state information as disclosed in Paragraphs [0117]-[0130] and figure 7. The communication unit 160 of Ichikawa is a communication interface for carrying out wireless communication between the vehicle 100 and the power transmitting device 200. The communication unit 160 outputs battery information INFO about the electrical storage device 190, including the SOC, from the vehicle ECU 300 to the power transmitting device 200. In addition, the communication unit 160 outputs a signal STRT or a signal STP, which instructs the power transmitting device 200 to start or stop transmission of electric power, to the power transmitting device 200. The vehicle ECU 300 includes a central processing unit (CPU), a storage unit and an input/output buffer, which are not shown in FIG. 7. The ECU 300 inputs signals from the sensors, and the like, outputs control signals to the devices, and controls the vehicle 100 and the devices. Note that control over the vehicle 100 and the devices are not only limited to processing by software but may also be processed by exclusive hardware (electronic circuit). Ichikawa discloses a power transmitting device having a display unit and a vehicle having a display unit but does not specifically disclose where the battery information or state of charge is displayed to the user. In an analogous invention to Yokoyama there is disclosed a plurality of sensors that can sense sensor data associated with a vehicle and send that data to the vehicle function system 191 see [0033]. Yokoyama also discloses generating graphical data for a user interface that causes the user interface module to generated graphical data to be presented to the user. Ichikawa also teaches that a parking assist control may be manually or automatically configured to move the vehicle to a target parking position in order to align the vehicle with the charging coil (see at least [0169]-[0175]) and that messages may be transmitted between the vehicle and the system to find a charging space before the vehicle reaches the charging space (see figures 15 and 16 and the relevant discussion in the specification. Accordingly, it would be obvious to one of ordinary skill in the art to present data to a user of the system about the state of charge or any other relevant information including state or charge, location, position and present that information on a graphical user interface 242 or 142. See e.g. MPEP 2143: Examples of Basic Requirements of a Prima Facie Case of Obviousness. I. A. Combining prior art elements according to known methods to yield predictable results. In this case all of the claimed elements were known in the prior art and one skilled in the art would have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395.
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Ichikawa figure 7
As best understood, claim 23 is rejected under 35 U.S.C. 103 as obvious over US 2013/0335015 to Ichikawa in view of US 2016/0009188 to Yokoyama and US 2013/0162221 to Jefferies. et al
23. The method of claim 21, wherein the information further includes a vehicle identification number.
Ichikawa in view of Yokoyama discloses a power transmitting module shown as power transmitting unit 220 (inclusive of 200) that is capable of data communication via communication unit 230 with receiving module 110 (inclusive of 100) and all of the limitations as disclosed above relative to claim 21. Ichikawa discloses a vehicle ECU that is used to control all vehicle sensors and processes of the vehicle as disclosed in paragraphs [0105]-[0132]. Yokoyama discloses a vehicle function system 191 that uses a BUS 220 to connect all of the vehicle functions and uses a function determination module or a computer processor to control the functions of the vehicle charging and other systems (see figures below).
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Ichikawa fig 7 Yokoyama figure 2
Ichikawa and Yokoyama lack in disclosing that transferred information may be a vehicle information number associated with the vehicle. In an analogous reference to Jefferies discloses an electric vehicle supply equipment (EVSE) that uses a wireless link and transfers information associated with the electric vehicle which include standard OBD2 diagnostic information associated with a vehicle such as the VIN 27 using a CAN BUS connector (see Jefrferies [0010], [0017]-[0025].
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Accordingly it would be obvious to one of ordinary skill in the art to provide data relative to the vehicle including VIN data since Jefferies discloses that “Several aspects or embodiments of a method according to the present invention may further comprise transmitting the VIN from the EV and verifying the VIN at the EVSE not only so that the EVSE will know the appropriate manufacturers codes for the vehicle data; but VIN or other vehicle identification means would also be used for various types of charge authorization such as account or credit verifications, etc..” See e.g. MPEP 2143: Examples of Basic Requirements of a Prima Facie Case of Obviousness. I. A. Combining prior art elements according to known methods to yield predictable results. In this case all of the claimed elements were known in the prior art and one skilled in the art would have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395.
Response to Arguments
Applicant’s arguments and amendments to the claims, see remarks and amendments, filed 4/30/2024, with respect to the rejection(s) of claim(s) 21-25, 27-30 and 32-35 under 35 U.S.C. §112(1st and 2nd ¶), 35 U.S.C. §251 and 35 U.S.C. § 102/103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of the current claim construction and the combination of references applied above.
Conclusion
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN M HOTALING II whose telephone number is (571)272-4437. The Examiner can normally be reached 730-4 Monday -Friday.
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, Andrew J. Fischer can be reached on 571 272 6779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN M HOTALING II/Reexamination Specialist, Art Unit 3992
Conferees:
/C. Michelle Tarae/Reexamination Specialist, Art Unit 3992
/ANDREW J. FISCHER/Supervisory Patent Examiner, Art Unit 3992
1 While most interpretations are cited because these terms are found in the claims, the Examiner may have provided additional interpretations to help interpret words, phrases, or concepts found in the interpretations themselves, the ‘950 Patent, or in the prior art.
2 Based upon the Original Disclosure, the art of record, and the knowledge of one of ordinary skill in this art as determined by the factors discussed in MPEP §2141.03 (where practical), the Examiner finds that the Microsoft Press Computer Dictionary is an appropriate technical dictionary known to be used by one of ordinary skill in this art. See e.g. Altiris Inc. v. Symantec Corp., 318 F.3d 1363, 1373 (Fed. Cir. 2003) where the Federal Circuit used the Microsoft Press Computer Dictionary (3d ed.) as “a technical dictionary” to define the term “flag.” See also In re Barr, 444 F.2d 588 (CCPA 1971)(noting that its appropriate to use technical dictionaries in order to ascertain the meaning of a term of art) and MPEP §2173.05(a) titled “New Terminology.”
3 The IEEE 802 standard is merely a collection of networking standards that cover the physical and data link layer specifications for Ethernet and wireless communication and hence would have been an obvious design choice to one skilled in the art.