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 .
Response to Arguments
On pg. 9, pr. 3 - pg. 10, par. 1 of Applicant’s Response, applicant argues that in the rejections, the Examiner maps a first node, recited in prior claim 1, to the
cell relay 302 disclosed in Stuber. See Office Action at Pages 5-6. The Examiner further
maps the second node, recited in claim 1, to meter 356 in Stuber. See id. Based on
these claim mappings, to teach the above limitations of amended claim 1, Stuber would
have to disclose that both the cell relay 302 and the meter 356 are both configured to
use communication links of a first type and communication links of a second type.
Importantly, however, Stuber includes no such teaching. Stuber discloses that cell relay
302 communicates with public backhaul 380 using a wireless communication link and
communicates with meter 356 using an RF NAN communication link. See Stuber at
[0055], [0056], [0063], and [0064]. Stuber discloses that meter 356 communicates with
cell relay 302 using an RF NAN communication link but does not disclose that meter
356 uses a wireless communication link different from the RF NAN communication link.
See id. at [0065]. In view of these distinctions, Applicant submits that Stuber cannot be
properly interpreted as teaching or suggesting the above limitations of claim 1.
Examiner respectfully disagrees with applicant’s argument.
In regard to amended claim 1,
Stuber discloses that
the first node is configured to use communication links of a first type (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) receives/stores metrology data transmitted from meter 356 (~second node) via (~configured to use) RF NAN (~communication link of a first type));
the first node is configured to use communication links of a second type that is different from the first type (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) transmits the metrology data to collection engine 390 (~server) via the communication link of the second type (~IP backhaul/WAN [0047]) that is different from the first type); and
the second node is configured to use communication links of the first type (Stuber Fig. 3 and [0065], meter 356 (~second node) uses RF NAN (~uses communication link of the first type); [0065], “In the case of the RF NAN, the message is simply forwarded to the next layer up in the cell. Messages are forwarded from one layer to the next until they finally reach Cell Relay 302, which relays it across the IP backhaul 380 to the communications server that initiated the transaction”);
However, Stuber does not explicitly teach that the second node is configured to use communication links of the second type and is combined with Kelley to remedy the deficiency.
Kelley discloses that the second node is configured to use communication links of the second type (Fig. 1, second node 60 (~meter) is configured to use communication links of the second type (~cellular) to communicate with the first node 30 (~communication server); col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated and meter modem initiated calls … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”, wherein the second communication link is of a cellular (~second) type).
Claim Interpretation
3. 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.
4. 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.
Use of the word “means for” (or “configured to”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “configured to”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “configured to use”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “configured to”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Claim limitation of claim 1-2, 4-8, and 9-16 have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “configured to” coupled with functional language “use" without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1-2, 4-8, and 9-16 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation, the specification discloses a first node/network device configured to use communication links of a first type (see [0093], [0107], [0048-0049], Fig. 2A, and Fig. 2C), the first node/network device configured to use communication links of a second type that is different from the first type (see [0093], [0107], [0048-0049], Fig. 2A, and Fig. 2C); a second node/second network device configured to use communication links of the first type (see [0093], [0107], [0048-0049], Fig. 2A, and Fig. 2C); and the second node/second network device configured to use communication links of the second type (see [0093], [0107], [0048-0049], Fig. 2A, and Fig. 2C)).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 103
5. 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 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.
6. 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.
7. Claims 1-2, 4-5, 7, 9-11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Stuber (US 2008/0068994 A1) in view of Kelley (US 6,088,659).
Regarding claim 1, Stuber teaches a method comprising:
receiving, at a first node via a first communication link, metrology data received from a second node (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) receives via RF NAN (~first communication link) a metrology data received from meter 356 (~second node)), wherein:
the first node is configured to use communication links of a first type or (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) receives/stores metrology data transmitted from meter 356 (~second node) via (~uses) RF NAN (~communication link of first type)) and
is configured to use communication links of a second type that is different from the first type (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) transmits the metrology data to collection engine 390 (~server) via the communication link of the second type (~IP backhaul/WAN [0047])), and
the first communication link is of the first type (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) receives/stores metrology data transmitted from meter 356 (~second node) via (~uses) RF NAN (~communication link of first type));
the second node is configured to use communication links of the first type (Stuber Fig. 3 and [0065], meter 356 (~second node) uses RF NAN (~communication link of the first type); [0065], “In the case of the RF NAN, the message is simply forwarded to the next layer up in the cell. Messages are forwarded from one layer to the next until they finally reach Cell Relay 302, which relays it across the IP backhaul 380 to the communications server that initiated the transaction”);
establishing, by the first node at the first scheduled time, a third communication link, wherein the third communication link is of the second type (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) establishes a connection to collection engine 390 (~server) via communication of a second type (~IP backhaul/WAN [0047]), wherein IP backhaul/WAN (~second type of communication link) is different from RF NAN (~first type of communication link)); and
transmitting, by the first node, the metrology data over the third communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) transmits the metrology data to collection engine 390 (~server) via the communication link of the second type (~IP backhaul/WAN [0047])).
Stuber does not explicitly teach
determining, by the first node and based on a schedule received from a server, a first scheduled time to connect with the server;
wherein: the schedule further indicates that the second node is scheduled to connect with the server via a second communication link at a second scheduled time that is later than the first scheduled time;
the second communication link is of the second type; and
the second node is configured to use communication links of the second type.
However, Kelley teaches
determining, by a first node and based on a schedule received from a server, a first scheduled time to connect with the server (col. 29 lines 18-25, “Receiving Schedules specify when the data is to be received (~first scheduled time) from the Communication Servers 30 (suppliers) … (107) The AMR Server 15 preferably uses several data structures to transfer data and schedule (~schedule received from a server)/collection information between the AMR Server 15 (~server) and Communication Servers 30 (~first node)”);
wherein: the schedule further indicates that a second node is scheduled to connect with the server via a second communication link at a second scheduled time that is that is later than the first scheduled time (Fig. 1, AMR Server 15 schedules a second meter 60 (~second node) connection at a second scheduled time that is later than the first scheduled time (Note: col. 29 lines 18-25, the first scheduled time is for AMR Server 15 (~server) connection with Communication Server 30 (~first node)); col. 41 lines 20 - 23, “AMR Server 15 (~server) will generate some scheduled (~schedule) services. For example, it generates services periodically to store and collect meter readings for each billing schedule”, wherein periodically collecting meter readings require connecting at scheduled times; col. 7 line 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution of work within the automated meter reading server … The scheduler determines a job execution duration … The scheduler subsystem may comprise … a collection schedule which determines when to collect data (~collection schedule for different meters create collection intervals for the different meters)”); and
the second communication link is of a second type (col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated and meter modem initiated calls … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”, wherein the second communication link is of a cellular (~second) type);
and the second node is configured to use communication links of the second type (Fig. 1, second node 60 (~meter) is configured to use communication links of the second type (~cellular) to communicate with the first node 30 (~communication server); col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated and meter modem initiated calls … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”, wherein the second communication link is of a cellular (~second) type)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kelley with the teaching of Stuber in order to offer a large-scale system solution to address the management of metering data and the administration of the systems that perform the management (Kelley col. 11 line 66 - col. 12 line 2).
Regarding claim 2, Stuber in view of Kelley teaches the method of claim 1, wherein: the first type of communication link is a mesh network link (Stuber Fig. 3, mesh network; [0047], “Neighborhood Area Network (NAN) corresponds to a local area RF mesh network providing communications between meters spanning a neighborhood”; [0064], “protocol stack for the RF NAN advantageously takes the message and constructs a node path for the message”; [0065], “via RF NAN, IP, RF LAN, PLC, or by alternative third party RF or other type technology”; Fig. 3); and the second type of communication link is a cellular communication link (Stuber [0047], WAN provided by a wireless carrier like Cingular or Verizon; Fig. 3).
Regarding claim 4, Stuber in view of Kelley teaches the method of claim 1.
Stuber does not explicitly teach wherein: the schedule indicates when a plurality of nodes is scheduled to connect to the server via a respective communication link of the second type; and individual nodes of the plurality of nodes are scheduled to connect to the server at different staggered intervals.
However, Kelley further teaches wherein: a schedule indicates when a plurality of nodes is scheduled to connect to a server via a respective communication link of a second type (col. 41 lines 20 - 23, “AMR Server 15 (~server) will generate some scheduled services. For example, it generates services periodically to store and collect meter readings for each billing schedule”, wherein periodically collecting meter readings is collecting (~connecting to meters) meter readings according to a schedule; col. 7 lines 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution (~collection schedule) of work within the automated meter reading server … The scheduler determines a job execution duration (~during a given time interval) … The scheduler subsystem may comprise … a collection (~connection) schedule which determines when to collect data”; col. 12 line 30 - 33, “Metering data may be collected … from a variety of dissimilar meters 60 (~each node included in the plurality of nodes) and transmitted using multiple dissimilar types of communication media and infrastructures 80 (~separate communication links with the server)”; col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated (~server to establish a communication/connection) and meter modem initiated calls (~communication link/connection) … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”; Fig. 1); and
individual nodes of the plurality of nodes are scheduled to connect to the server at different staggered intervals (col. 41 lines 20 - 23, “AMR Server 15 (~server) will generate some scheduled services. For example, it generates services periodically to store and collect meter readings for each billing schedule”, wherein periodically collecting meter readings (~connecting to meter) will have its collecting meter reading intervals arranged in a staggered manner (different schedulings for meter data collections produces staggered meter data collection time intervals due to not all the meter data collections occurring at the same time/not all the meter data collection time intervals having the same start and the end time); col. 7 line 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution (~staggered collection intervals) of work within the automated meter reading server … The scheduler determines a job execution duration (~during a time interval) … The scheduler subsystem may comprise … a collection schedule which determines when to collect data (~collection schedule for different meters create staggered collection intervals due to variations in the collection schedules for the different meters)”; col. 12 lines 30 - 33, “Metering data may be collected … from a variety of dissimilar meters 60 (~each node included in the plurality of nodes) and transmitted using multiple dissimilar types of communication media and infrastructures 80 (~separate communication links with the server)”; col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated and meter modem initiated calls (~communication links) … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”; Fig. 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kelley with the teaching of Stuber as modified by Kelley in order to offer a large-scale system solution to address the management of metering data and the administration of the systems that perform the management (Kelley col. 11 line 66 - col. 12 line 2).
Regarding claim 5, Stuber in view of Kelley teaches the method of claim 4, wherein the schedule indicates: the first node is scheduled to connect to the server via the third communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~first node) establishes a connection to collection engine 390 (~server) via communication of a second type (~IP backhaul/WAN [0047]), wherein IP backhaul/WAN (~second type of communication link) is different from RF NAN (~first type of communication link)).
Stuber does not explicitly teach the first node is scheduled to connect to the server from the first scheduled time to a third scheduled time and a third node is scheduled to connect to the server via a fourth communication link from the third scheduled time to a fourth scheduled time, wherein the fourth communication link is of the second type.
However, Kelley further teaches that a first node is scheduled to connect to a server from a first scheduled time to a third scheduled time (col. 41 lines 20-23, “AMR Server 15 will generate some scheduled services. For example, it generates services periodically to store and collect meter readings (~collect meter readings requires the meter to connect to the AMR Server) for each billing schedule”, wherein periodically is from a first scheduled time to a third scheduled time; col. 27 line 59-col. 28 line 20 and col. 41 lines 20-23, an execution time period in a single or a multiple of periods change based on adjusted estimates; col. 26 lines 48-58, “a Scheduler Subsystem 138 manages the building and execution of schedules for the AMR Server 15. Schedules are used to control the time-based execution of work within the AMR Server 15. Schedules can be recurring, specified, start time-activated, or finish time-activated. The Scheduling Subsystem 138 provides a single point of database access for creating, retrieving, and updating of schedules. In addition, the Scheduling Subsystem 138 executes scheduled activities at the proper time, and optimizes the execution of scheduled activities to avoid conflicts (~staggered time intervals), missed deadlines, and redundant work”, wherein the scheduled activities are executed at staggered time intervals that include a staggered interval between the scheduled time and the second scheduled time; col. 7 lines 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution (~collection intervals) of work within the automated meter reading server … The scheduler determines a job execution duration (~during a given time interval) … The scheduler subsystem may comprise … a collection schedule which determines when to collect data”; col. 12 line 30 - 33, “Metering data may be collected … from a variety of dissimilar meters 60 and transmitted using multiple dissimilar types of communication media and infrastructures 80 (~separate communication links with the first server)”; col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated (~server to establish a communication) and meter modem initiated calls (~communication links) … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”; Fig. 1) and
a third node is scheduled to connect to the server via a fourth communication link of a second type from the third scheduled time to a fourth scheduled time (col. 41 lines 20-23, “AMR Server 15 will generate some scheduled services. For example, it generates services periodically to store and collect meter readings (~collect meter readings requires the meter to connect to the AMR Server) for each billing schedule”, wherein periodically is one period after another (~the second scheduled time to a third scheduled time); col. 26 lines 48-58, “a Scheduler Subsystem 138 manages the building and execution of schedules for the AMR Server 15. Schedules are used to control the time-based execution of work within the AMR Server 15. Schedules can be recurring, specified, start time-activated, or finish time-activated. The Scheduling Subsystem 138 provides a single point of database access for creating, retrieving, and updating of schedules. In addition, the Scheduling Subsystem 138 executes scheduled activities at the proper time, and optimizes the execution of scheduled activities to avoid conflicts (~staggered time intervals), missed deadlines, and redundant work”, wherein the scheduled activities are executed at staggered time intervals that include a staggered interval between the second scheduled time and the third scheduled time; col. 7 lines 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution (~collection intervals) of work within the automated meter reading server … The scheduler determines a job execution duration (~during a given time interval) … The scheduler subsystem may comprise … a collection schedule which determines when to collect data”; col. 12 line 30 - 33, “Metering data may be collected … from a variety of dissimilar meters 60 (~includes a third node) and transmitted using multiple dissimilar types of communication media and infrastructures 80 (~separate communication links with the server)”; col. 13 lines 19 - 33, “Communication with the meter or meter modems (~includes a third node) is preferably supported as server initiated (~server to establish a communication) and meter modem initiated calls (~communication links) … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”; Fig. 1),
wherein the fourth communication link is of the second type (Fig. 1, meter 60 connecting with AMR server 15 via a cellular communication link (~communication link of the second type); “Communication with the meter or meter modems (~includes a third node) is preferably supported as server initiated (~server to establish a communication) and meter modem initiated calls (~communication links) … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kelley with the teaching of Stuber as modified by Kelley in order to offer a large-scale system solution to address the management of metering data and the administration of the systems that perform the management (Kelley col. 11 line 66 - col. 12 line 2).
Regarding claim 7, Stuber in view of Kelley teaches the method of claim 1, wherein a first amount of power over a given time interval to maintain the first communication link (Stuber [0047] and [0065], RF NAN or RF LAN) is less than a second amount of power over the given time interval to maintain the third communication link (Stuber Fig. 3 and [0047], WAN provided by a wireless carrier like Cingular or Verizon; cellular WAN requires greater power than RF NAN)).
Regarding claim 9, Stuber teaches a network device comprising:
one or more processors (Fig. 3, cell relay 302 comprises one or more processors); and
a memory storing instructions that when executed by the one or more processors causes the network device to perform operations (Fig. 3, cell relay 302 comprises a memory storing instructions executed by the one or more processors) comprising:
receiving metrology data from a second network device via a first communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) receives via RF NAN (~first communication link) a metrology data received from meter 356 (~second network device)), wherein:
the network device is configured to use communication links of a first type of communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) receives/stores metrology data transmitted from meter 356 (~second network device) via (~uses) RF NAN (~communication link of first type)) and
is configured to use communication links of a second type of communication link that is different from the first type of communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) transmits the metrology data to collection engine 390 (~server) via the communication link of the second type (~IP backhaul/WAN [0047]) that is different from the first type of communication link (~RF NAN [0064-0065])), and
the first communication link is of the first type of communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) receives/stores metrology data transmitted from meter 356 (~second network device) via RF NAN (~first communication link of first type));
the second network device is configured to use communication links of the first type of communication link (Stuber Fig. 3 and [0065], meter 356 (~second network device) uses RF NAN (~communication link of the first type); [0065], “In the case of the RF NAN, the message is simply forwarded to the next layer up in the cell. Messages are forwarded from one layer to the next until they finally reach Cell Relay 302, which relays it across the IP backhaul 380 to the communications server that initiated the transaction”);
connecting, at a first scheduled time, to the server via a third communication link, wherein the third communication link is of the second type of communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) establishes a connection (~third communication link) to collection engine 390 (~server) via communication of a second type (~IP backhaul/WAN [0047]), wherein IP backhaul/WAN (~second type of communication link) is different from RF NAN (~first type of communication link)); and
transmitting the metrology data to the server via the third communication link (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) transmits the metrology data to collection engine 390 (~server) via the communication link (~third communication link) of the second type (~IP backhaul/WAN [0047])).
Stuber does not explicitly teach
determining a first scheduled time to connect with a server based on a schedule received from the server,
wherein the schedule further indicates that the second network device is scheduled to connect with the server via a second communication link at a second scheduled time that is later than the first scheduled time;
the second network device is configured to use communication links of the second type of communication link; and
the second communication link is of the second type of communication link.
However, Kelley teaches
determining a first scheduled time to connect with a server based on a schedule received from the server (col. 29 lines 18-25, “Receiving Schedules specify when the data is to be received (~first scheduled time) from the Communication Servers 30 (suppliers) … (107) The AMR Server 15 preferably uses several data structures to transfer data and schedule (~schedule received from a server)/collection information between the AMR Server 15 (~server) and Communication Servers 30 (~first node)”);
wherein the schedule further indicates that a second network device is scheduled to connect with the server via a second communication link at a second scheduled time that is later than the first scheduled time (Fig. 1, AMR Server 15 schedules a second meter 60 (~second node) connection at a second scheduled time that is later than the first scheduled time (Note: col. 29 lines 18-25, the first scheduled time is for AMR Server 15 (~server) connection with Communication Server 30 (~first node)); col. 41 lines 20 - 23, “AMR Server 15 (~server) will generate some scheduled (~schedule) services. For example, it generates services periodically to store and collect meter readings for each billing schedule”, wherein periodically collecting meter readings require connecting at scheduled times; col. 7 line 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution of work within the automated meter reading server … The scheduler determines a job execution duration … The scheduler subsystem may comprise … a collection schedule which determines when to collect data (~collection schedule for different meters create collection intervals for the different meters)”);
the second network device is configured to use communication links of the second type of communication link (Fig. 1, second node 60 (~meter) is configured to use communication links of the second type (~cellular) to communicate with the first node 30 (~communication server); col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated and meter modem initiated calls … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”, wherein the second communication link is of a cellular (~second) type); and
the second communication link is of a second type of communication link (col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated and meter modem initiated calls … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”, wherein the second communication link is of a cellular (~second) type).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kelley with the teaching of Stuber in order to offer a large-scale system solution to address the management of metering data and the administration of the systems that perform the management (Kelley col. 11 line 66 - col. 12 line 2).
Regarding claim 10, Stuber in view of Kelley teaches the network device of claim 9, wherein: the first type of communication link is a mesh network link (Stuber Fig. 3, mesh network; [0047], “Neighborhood Area Network (NAN) corresponds to a local area RF mesh network providing communications between meters spanning a neighborhood”); and
the second type of communication link is a cellular communication link (Stuber [0047], WAN provided by a wireless carrier like Cingular or Verizon; Fig. 3).
Regarding claim 11, Stuber in view of Kelley teaches the network device of claim 9.
Stuber does not explicitly teach wherein the operations further comprise receiving the schedule from the server.
However, Kelley further teaches wherein operations further comprise receiving a schedule from a server (first node (~meter) receives from server (~AMR server) a scheduled command to initiate collection; col. 41 lines 20 - 23, “AMR Server 15 (~server) will generate some scheduled services. For example, it generates services periodically to store and collect meter readings for each billing schedule”, wherein the meter receives from the server scheduled time for meter reading by the server; col. 7 lines 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution (~collection intervals) of work within the automated meter reading server … The scheduler determines a job execution duration (~during a given time interval) … The scheduler subsystem may comprise … a collection schedule which determines when to collect data”; col. 12 line 30 - 33, “Metering data may be collected … from a variety of dissimilar meters 60 and transmitted using multiple dissimilar types of communication media and infrastructures 80 (~separate communication links with the first server)”; col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated (~server to establish a communication) and meter modem initiated calls (~communication links) … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”; Fig. 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kelley with the teaching of Stuber as modified by Kelley in order to offer a large-scale system solution to address the management of metering data and the administration of the systems that perform the management (Kelley col. 11 line 66 - col. 12 line 2).
Regarding claim 13, Stuber in view of Kelley teaches the network device of claim 9, wherein: the network device consumes a first amount of power over a given time interval to generate the first communication link (Stuber [0047] and [0065], RF NAN or RF LAN); the network device consumes a second amount of power over the given time interval to generate the third communication link (Stuber Fig. 3 and [0047], WAN provided by a wireless carrier like Cingular or Verizon); and the second amount of power is greater than the first amount of power (Stuber [0047], [0065], and Fig. 3, cellular WAN requires greater power than RF NAN).
Regarding claim 14, Stuber in view of Kelley teaches the network device of claim 9, wherein the network device is a utility meter (Stuber [0021], “methodology and apparatus have been provided to permit transmission of information between a utility meter and an operational application through a network”).
Regarding claim 15, Stuber in view of Kelley teaches the network device of claim 9, wherein the operations further comprise: receiving a read request for the third network device from the server via the second communication link (Stuber [0064], [0047], and Fig. 3, cell relay 302 (~first node) included in a plurality of nodes receiving an on-demand read message from Collection Engine 390 (~first server) via a WAN provided by a wireless carrier like Cingular or Verizon (~first communication link); [0056], C12.22 data requests are sent to Cell Relay 302 that relays the message out to nodes including the third network device); and
forwarding the read request to the second network device via the first communication link (Stuber [0064] and Fig. 3, Collection Engine 390 sends via cell relay 201 an on-demand read message to meter 356 via RF NAN (~first communication link)).
8. Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Stuber in view of Kelley, and further in view of Brandt (US 2018/0167224 A1).
Regarding claim 6, Stuber in view of Kelley teaches the method of claim 1.
The combination does not explicitly teach further comprising: based on determining that the first node was unable to establish the third communication link at the first scheduled time, transmitting, by the first node via a fourth communication link, the metrology data to a third node scheduled to connect to the server at a third scheduled time after the first scheduled time.
However, Brandt teaches further comprising: based on determining that a first node was unable to establish a third communication link at a first scheduled time, transmitting, by the first node via a fourth communication link, data to a third node scheduled to connect to a destination node at a third scheduled time after the first scheduled time (Fig. 1, since direct route to node1 is blocked (~node4 (~first node) was unable to establish the communication link with node1)), node4 (~first node) transmits the data to node3 (~third node) scheduled to connect to node1 (~destination node); [0075], “If the direct transmission to Node1 100A is blocked by some Radio Frequency (RF) obstruction 102 (e.g. a stainless steel refrigerator in a kitchen) Node4 100F automatically selects an alternate route, such as through Node3 100C (e.g. a thermostat in a hallway), rerouting as many times as is necessary to complete delivery of a command”; [0270], “A temperature control action may be setting a heating level, setting a cooling level, setting a humidity level, setting a temperature level according to a time schedule”; [0282], “control information intended to be used by at least one of the one or more electrical devices … the information may relate to … a scheduled start time, a scheduled end time, an icon, and the like”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Brandt with the teaching of Stuber as modified by Kelley in order to get around obstacles and minimize noise and distortion problems caused by architectural obstacles and radio dead spots by routing commands through other device-nodes in the network when required (Brandt [0074]).
Regarding claim 12, Stuber in view of Kelley teaches the network device of claim 9, wherein a fourth communication link is of the first type of communication link (Stuber Fig. 3, mesh network; [0047], “Neighborhood Area Network (NAN) corresponds to a local area RF mesh network providing communications between meters spanning a neighborhood”; [0064], “protocol stack for the RF NAN advantageously takes the message and constructs a node path for the message”; [0065], “via RF NAN, IP, RF LAN, PLC, or by alternative third party RF or other type technology”; Fig. 3), and a fifth communication link is of the second type of communication link (Stuber [0047], WAN provided by a wireless carrier like Cingular or Verizon; Fig. 3).
The combination does not explicitly teach wherein the operations further comprise based on determining that the network device is unable to establish the third communication link at the first scheduled time, forwarding, via fourth communication link, the metrology data to a third network device scheduled to connect to the server, via a fifth communication link, at a later time.
However, Brandt teaches wherein operations further comprise based on determining that a network device is unable to establish a third communication link at a first scheduled time, forwarding, via a fourth communication link, the data to a third network device scheduled to connect to a destination node via a fifth communication link, at a later time (Fig. 1, since direct route to node1 is blocked (~node4 (~network device) is unable to establish the communication link with node1)), node4 (~network device) transmits the data to node3 (~destination node) scheduled to connect to the node1; [0075], “If the direct transmission to Node1 100A is blocked by some Radio Frequency (RF) obstruction 102 (e.g. a stainless steel refrigerator in a kitchen) Node4 100F automatically selects an alternate route, such as through Node3 100C (e.g. a thermostat in a hallway), rerouting as many times as is necessary to complete delivery of a command”; [0270], “A temperature control action may be setting a heating level, setting a cooling level, setting a humidity level, setting a temperature level according to a time schedule”; [0282], “control information intended to be used by at least one of the one or more electrical devices … the information may relate to … a scheduled start time, a scheduled end time, an icon, and the like”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Brandt with the teaching of Stuber as modified by Kelley in order to get around obstacles and minimize noise and distortion problems caused by architectural obstacles and radio dead spots by routing commands through other device-nodes in the network when required (Brandt [0074]).
9. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Stuber in view of Kelley, and further in view of Ward, III (US 2015/0348333 A1).
Regarding claim 8, Stuber in view of Kelley teaches the method of claim 1,
wherein the first node is selected from a group consisting of a battery powered node (Stuber [0068], “Meter 400 … is configured as a battery operated device to be activated for communications sessions on an intermittent or scheduled basis to monitor water, gas or oil consumption”).
The combination does not explicitly teach that the group consists of a low power node and a solar powered node.
However, Ward, III teaches a group consisting of a lower power node and a solar powered node ([0029], “a plurality of parking meters in a mesh network may exchange information regarding the amount of electricity each of their solar panels is currently producing. The processors in the parking meters may then cause the parking meter with the solar panel that is producing the most electricity to operate in the on mode and the other parking meters to operate in the low-power mode or the off mode. If meteorological conditions change and another solar panel begins producing more electricity, the other parking meter may be selected to operate as the gateway parking meter”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Ward, III with the teaching of Stuber as modified by Kelley in order to significantly extended battery life for battery-powered devices by reducing overall power consumption and charging by solar energy, allowing the device to operate for longer periods without interruptions by limiting or shutting down non-essential functions and continuous solar charging based on current meteorological status.
10. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Stuber in view of Kelley, and further in view of Alexander (US 2017/0367029 A1).
Regarding claim 16, Stuber in view of Kelley teaches the network device of claim 9.
The combination does not explicitly teach wherein the operations further comprise securing data transferred over the third communication link based on authentication information received from the server.
However, Alexander teaches wherein operations further comprise securing data transferred over a communication link based on authentication information received from a server ([0058], “MAC layer provides the mechanism to insure that the link is properly authenticated and lays the basis for establishing encrypted communications before data traffic is allowed to traverse the link. These functions may differ according to radio transmission mode”; [0126], “new joining node will at this point initiate a discovery exchange with the identified network gateway to register its presence in the network, to complete system security access/authentication, and to obtain any dynamically-assigned network address information. Application service information related to devices (such as sensors or meters in the case of an AMI network) that may be associated with the node may also be registered to the application network server(s) via the new serving Gateway”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Alexander with the teaching of Stuber as modified by Kelley in order to enhance customer privacy by securing meter reading information transmitted to the server.
11. Claims 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Stuber in view of Kelley, and further in view of Solomon (US 2012/0062389 A1).
Regarding claim 17, Stuber teaches a non-transitory computer-readable medium storing program instructions that, when executed by a network device, cause the network device to perform operations (Fig. 3, cell relay 302 (~network device) comprises a non-transitory computer-readable medium storing executable program instructions that cause operations to be performed) comprising:
accumulating metrology data received from one or more second network devices via one or more wireless mesh communication links (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) receives/stores metrology data transmitted from meter 356 (~second network devices) via RF NAN (~communication link of first type); [0047], “Neighborhood Area Network (NAN) corresponds to a local area RF mesh network providing communications between meters spanning a neighborhood”);
establishing a second cellular link to the centralized facility (Stuber Fig. 3 and [0062-0064], cell relay 302 (~network device) establishes a connection to collection engine 390 (~server) via communication of a second type (~IP backhaul/WAN [0047]), wherein IP backhaul/WAN (~second type of communication link) is different from RF NAN (~first type of communication link)); and
forwarding the accumulated metrology data to the centralized facility via the second cellular link (Fig. 3 and [0062-0064], cell relay 302 (~network device) transmits the metrology data to collection engine 390 (~centralized facility) via the communication link of the second type (~IP backhaul/WAN provided by a wireless carrier like Cingular or Verizon [0047])).
Stuber does not explicitly teach
determining, based on a schedule received from a centralized facility, a first scheduled time to connect to the centralized facility,
wherein: the schedule further indicates that a first one of the one or more second network devices is scheduled to establish a first cellular link to the centralized facility at a second scheduled time, the second scheduled time being later than the first scheduled time.
However, Kelley teaches determining, based on a schedule received from a centralized facility, a first scheduled time to connect to the centralized facility (col. 29 lines 18-25, “Receiving Schedules specify when the data is to be received (~first scheduled time) from the Communication Servers 30 (suppliers) … (107) The AMR Server 15 preferably uses several data structures to transfer data and schedule (~schedule received from a server)/collection information between the AMR Server 15 (~centralized facility) and Communication Servers 30 (~network device)”),
wherein: the schedule further indicates that a first one of the one or more second network devices is scheduled to establish a first cellular link to the centralized facility at a second scheduled time, the second scheduled time being later than the first scheduled time (Fig. 1, AMR Server 15 schedules a second meter 60 (~second node) connection at a second scheduled time that is later than the first scheduled time (Note: col. 29 lines 18-25, the first scheduled time is for AMR Server 15 (~server) connection with Communication Server 30 (~first node)); col. 41 lines 20 - 23, “AMR Server 15 (~server) will generate some scheduled (~schedule) services. For example, it generates services periodically to store and collect meter readings for each billing schedule”, wherein periodically collecting meter readings require connecting at scheduled times; col. 7 line 53 - col. 8 line 1, “a scheduler subsystem, which manages building and execution of schedules within the automated meter reading server. The schedules are used to control the time-based execution of work within the automated meter reading server … The scheduler determines a job execution duration … The scheduler subsystem may comprise … a collection schedule which determines when to collect data (~collection schedule for different meters create collection intervals for the different meters)”; col. 13 lines 19 - 33, “Communication with the meter or meter modems is preferably supported as server initiated and meter modem initiated calls … communications infrastructures supported in the AMR System 10 include, but are not limited to, CDMA (Code Division, Multiple Access), Telephone and International DAA, ARDIS, X.25, RAM, ReFlex, AMPS (Analog Mobile Phone System), CDPD (Cellular Digital Packet Data), TDMA (Time Division Multiple Access), and AMPS (Digital Analog Mobile Phone System)”, wherein the second communication link is of a cellular (~second) type).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kelley with the teaching of Stuber in order to offer a large-scale system solution to address the management of metering data and the administration of the systems that perform the management (Kelley col. 11 line 66 - col. 12 line 2).
The combination does not explicitly teach that the first one of the one or more second network devices uses wireless mesh communication links to communicate with the network device and uses cellular links to communicate with the centralized facility.
However, Solomon teaches first one of one or more second network devices uses wireless mesh communication links to communicate with the network device ([0027], “various utility metering devices 207 in the depicted example can communicate with other metering devices and act as a repeater whereby messages received from another utility metering device in the deployment repeat messages, such as utility usage data, that is received from other metering devices. In this way, data from utility metering devices 207 in the deployment can hop from meter to meter until it reaches a utility metering device 207 that is within range of a communications tower 105, which can forward data to the meter management system 103”; [0027], “utility metering devices 207 arranged in a mesh network, where each node (e.g. the utility metering devices) in the network are capable of acting as an independent router”) and
uses cellular links to communicate with the centralized facility (Fig. 2, meter 207 (~first one of one or more second network devices) uses cellular links to communicate with the meter management system 103 (~centralized facility); [0018], “communicate with the meter management system 103 via standardized cellular communications technology such as, but not limited to, GPRS, CDMA, and other technologies as can be appreciated”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Solomon with the teaching of Stuber as modified by Kelley in order to have a robust, reliable data communication by combining the strengths of each network type, creating a hybrid system that provides comprehensive coverage and cost-efficiency.
Regarding claim 20, Stuber in view of Kelley, and further in view of Solomon teaches the non-transitory computer-readable medium of claim 17,
wherein the operations further comprise: receiving a read request for a second one of the one or more second network devices from the centralized facility via the second cellular link (Stuber [0064], [0047], and Fig. 3, cell relay 302 (~first node) included in a plurality of nodes receiving an on-demand read message from Collection Engine 390 (~centralized facility) via a WAN provided by a wireless carrier like Cingular or Verizon (~cellular link); [0056], C12.22 data requests are sent to Cell Relay 302 that relays the message out to node including the second one of the one or more second network devices); and
transmitting the read request to the second one of the one or more second network devices via one of the one or more wireless mesh communication links (Stuber [0064] and Fig. 3, Collection Engine 390 sends via cell relay 302 an on-demand read message to meter 356 via RF NAN mesh).
12. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Stuber in view of Kelley, further in view of Solomon, and further in view of Brandt..
Regarding claim 18, Stuber in view of Kelley, and further in view of Solomon teaches the non-transitory computer-readable medium of claim 17.
The combination does not explicitly teach wherein the operations further comprise: in response to being unable to establish the second cellular link at the first scheduled time, forwarding, via an additional wireless mesh communication link, the accumulated metrology data to a third network device scheduled to connect, via a third cellular link, to the centralized facility.
However, Brandt teaches wherein operations further comprise: in response to being unable to establish a second communication link at a first scheduled time, forwarding, via an additional wireless mesh communication link, the data to a third network device scheduled to connect, via a third communication link, to a centralized facility (Fig. 1, since direct route (~second communication link) to node1 (~centralized facility) is blocked (~node4 (~network device) is unable to establish the communication link with node1 (~centralized facility), node4 (~network device) transmits the data to node3 (~third network device) scheduled to connect to node1 (~centralized facility) via a third communication link; [0075], “If the direct transmission to Node1 100A is blocked by some Radio Frequency (RF) obstruction 102 (e.g. a stainless steel refrigerator in a kitchen) Node4 100F automatically selects an alternate route, such as through Node3 100C (e.g. a thermostat in a hallway), rerouting as many times as is necessary to complete delivery of a command”; [0270], “A temperature control action may be setting a heating level, setting a cooling level, setting a humidity level, setting a temperature level according to a time schedule”; [0282], “control information intended to be used by at least one of the one or more electrical devices … the information may relate to … a scheduled start time, a scheduled end time, an icon, and the like”; [0256], “send a command to her home mesh network”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Brandt with the teaching of Stuber as modified by Kelley and Solomon in order to get around obstacles and minimize noise and distortion problems caused by architectural obstacles and radio dead spots by routing commands through other device-nodes in the network when required (Brandt [0074]).
Conclusion
13. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/ALEXANDER J YI/Examiner, Art Unit 2643
/CHARLES N APPIAH/Supervisory Patent Examiner, Art Unit 2641
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