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 .
Applicant’s preliminary claim amendments filed 11/7/2022 is acknowledged.
Claims 1,3-6,12, and 13 are amended.
Claims 8-11,14, and 15 are cancelled.
Claims 1-7,12, and 13 are pending.
Claim Interpretation
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.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: node control unit, network service detection unit, and operation mode setting unit in claims 1-3; a node identification ascertainment unit, a storage unit, a network service device update unit in claim 4; a network operation data ascertainment unit, a storage unit, a network service device update unit in claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(a)
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 1-7 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 claim(s) 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.
As stated above, claims limitations in claims 1-7 invoke 112(f) with the usage of the generic term “unit”. The specification does not disclose what the “unit” is and therefore the written description for the structure corresponding to the unit is lacking.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim limitations: node control unit, network service detection unit, and operation mode setting unit in claims 1-3; a node identification ascertainment unit, a storage unit, a network service device update unit in claim 4; a network operation data ascertainment unit, a storage unit, a network service device update unit in claim 5 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7,12, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turon (US 20150372875).
Re claim 1:
Turon discloses a node-control unit for setting an operation mode of one or more network nodes of a wireless communication network, the node-control unit comprising (Fig. 3 ref. 216 Leader is a node control unit and Fig.1 shows network nodes of a wireless communication network and Para.[0052] The mesh network 100 is a wireless mesh network that includes routers 102, a router-eligible end device 104, and end devices 106 and Fig.20 shows units for carrying out the functionality):
a network-service-detection unit, which is configured to ascertain a current availability of one or more network-service devices, which are currently external to the wireless communication network, for communication with at least one of the network nodes of the wireless communication network and for thus becoming part of the wireless communication network, and to provide a respective service-availability signal (SA) indicative thereof (Fig.3A and 3B ref. 210 is a network service device external to the mesh network ref. 100 and Para.[0079] The commissioning device 210 responds 604 to the advertisement from the border router 202 by requesting a secure connection for the commissioning session between the commissioning device 210 and the border router 202. For example, the commissioning session can be established in any suitable manner, such as using the PSKc to establish the commissioning session using DTLS or TLS and Fig.20 shows units for carrying out the functionality – Examiner Note: the availability is ascertained when the request is received);
an operation-mode setting unit configured to control switching of an operation mode of at least one of the network nodes of the wireless communication network between (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true. The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable Fig.20 shows units for carrying out the functionality – Examiner Note: the default first operation mode is the device is excluded and rejected and the second operation mode is when the device is permitted):
a first operation mode (OM1) of the at least one network node as a network node of the wireless communication network in a first network configuration, which excludes the respective network-service device from the wireless communication network (Para.[0082] If there is an active commissioner, the leader rejects the petition from the commissioning device 210 – Examiner Note: in a rejected state, the device ref.210 is excluded); and
a second operation mode (OM2) of the at least one network node as a network node of the wireless communication network in a second network configuration, which includes respective network-service device in the wireless communication network (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true. The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable – Examiner Note: a permitted device is included in the network);
wherein the one or more network-service devices is configured to perform in communication with the one or more network nodes, operating in the second operation mode, a commissioning function of at least one network node of the wireless communication network (Para.[0089] Once accepted as the active commissioner, the commissioning device 210 may manage the network); wherein
the operation-mode setting unit is further configured, in response to receiving the respective service-availability signal (SA), to generate and to provide, via an output interface, a corresponding first switch-mode signal (SM1) to at least one of the one or more network nodes of the wireless communication network, the first switch-mode (SM1) signal being indicative of an instruction to switch the operation mode of the at least one network node from the first operation mode to the second operation mode with respect to the given network-service device (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true. The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable).
Re claim 2:
Turon discloses the node-control unit of claim 1, wherein the operation-mode setting unit is further configured: to ascertain service-allowance information indicative of one or more network-service devices that are capable of connecting to at least one network node of the wireless communication network and that are allowed to join the wireless communication network (Para.[0082] The leader 216 determines if there is an active commissioner for the mesh network 100. If there is an active commissioner, the leader rejects the petition from the commissioning device 210. If there is no active commissioner for the mesh network 100, the leader 216 accepts the petition from the commissioning device 210 – Examiner Note: information about an active commissioner is “service-allowance information”);
to determine, using the service-allowance information, whether the one or more network-service devices currently available for communicating with at least one of the network nodes of the wireless communication network are network-service devices allowed to enter the wireless communication network, and to provide an allowance signal indicative thereof (Para.[0082] The leader 216 determines if there is an active commissioner for the mesh network 100. If there is an active commissioner, the leader rejects the petition from the commissioning device 210. If there is no active commissioner for the mesh network 100, the leader 216 accepts the petition from the commissioning device 210); and
to provide the first switch-mode signal also in dependence on the allowance signal (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true. The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable).
Re claim 3:
Turon discloses the node-control unit of claim 1, wherein: the network-service-detection unit is configured to determine whether at least one of the network-service devices is currently connected to the wireless communication network and to provide a respective service-connected signal indicative thereof (Para.[0082] The leader 216 determines if there is an active commissioner for the mesh network 100. If there is an active commissioner, the leader rejects the petition from the commissioning device 210. If there is no active commissioner for the mesh network 100, the leader 216 accepts the petition from the commissioning device 210); and wherein
the operation-mode-setting unit is configured to provide to at least one of the nodes of the wireless communication network, via the output interface, a second switch-mode signal (SM2) indicative of an instruction to switch the operation mode of the at least one network node from the second operation mode (OM2) to the first operation mode (OM1) when the respective service- connected signal is indicative of the network-service device not being currently connected to the communication network (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true. The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable).
Re claim 4:
Turon discloses the node-control unit of claim 1 further comprising: a node-identification data ascertainment unit configured to ascertain node identification data indicative of at least one of the network nodes that currently form part of the wireless communication network (Para.[0081] For example, the commissioner petition request message, including a commissioner identification string, is sent securely over the mesh network 100);
a storage-unit configured to store the ascertained node-identification data (Fig.20 ref. 2012); and
a network-service-device update unit which is configured to provide, upon receiving a predetermined enabling instruction, the stored node-identification data to the network-service device (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true and Para.[0085] After determining whether to accept or reject the petition from the commissioning device 210, the leader 216 responds 626 with an indication of its decision to the border router 202. The border router 202 sends a response 628 to the commissioning device 210 that includes the indication of the decision to accept or reject the petition by the leader 216).
Re claim 5:
Turon discloses the node-control unit of claim 1, further comprising: a network-operation data ascertainment unit configured to ascertain network- operation data indicative of communication processes between the network nodes and a first network-service device that is connected to the wireless communication network (Para.[0082] The leader 216 determines if there is an active commissioner for the mesh network 100);
a storage-unit configured to store the ascertained network-operation data (Fig.20 ref. 2012);
and a network-service-device update unit configured to, upon receiving a predetermined enabling instruction, to provide the stored network-operation data to a second network-service device different from the first network-service device (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true. The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable and Fig.1 shows devices the stored network operation data is provided to and Para.[0052] The mesh network 100 is a wireless mesh network that includes routers 102, a router-eligible end device 104, and end devices 106).
Re claim 6:
Turon discloses a network node, comprising; a node-control unit claim1; a node-operation unit operable in the first and the second operation mode, the node-operation unit configured to receive the first switch-mode signal from the node-control unit and to operate in the first operation mode or in the at least one second operation mode with respect to a respective available network-service device in dependence thereon (Para.[0082] The leader 216 sets a permit-join flag for the mesh network 100 to true. The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable);
wherein the node-operation unit is configured to perform, when operating in the second operation mode, a commissioning function of at least one network node of the wireless communication network (Para.[0089] Once accepted as the active commissioner, the commissioning device 210 may manage the network and Para.[0082] The leader 216 then propagates 624 the network data and the updated commissioning dataset to the mesh network 100, which indicates that the mesh network 100 is joinable).
Re claim 7:
Turon discloses the network node of claim 6, wherein the node-operation unit is configured to perform, when operating in the second operation mode, one or more of the following functions: a node-validation function for validating a proper connection of at least one network node to the wireless communication network in accordance with a predetermined connection criterion; a configuration-validation function for validating a proper configuration at least one network node of the wireless communication network in accordance with a predetermined configuration criterion; a software update function for updating a software used by at least one network node of the wireless communication network; a firmware update function for updating a firmware used by at least one network node of the wireless communication network; a fine-tune configuration function for adjusting operation parameters of at least one network node of the wireless communication network in the first or second operation mode; a network node-usage monitoring function, for determining, during a predetermined time span, and providing node usage information quantity indicative of a cumulated time of operation and consumed network bandwidth of at least one network node of the wireless communication network; -a network-operation monitoring function for determining, during a predetermined time span, and providing a network operation quantity indicative of an error rate of communication within the wireless communication network; a node-operation testing function, for testing a predetermined operation functionality of at least one of the nodes of the wireless communication network a network cyber-security monitoring function for monitoring traffic patterns within the wireless communication network and detecting target traffic patterns indicative of a presence of a rogue node in accordance with a predetermined rogue-node detection algorithm; a presence-sensing function for sensing presence of a subject in a presence-sensing volume associated to the wireless communication network, the presence sensing function including determining received signal-quality indicator values of; a remote-access function for allowing remote access to the network node by an external device; a network-information provision function for ascertaining and providing network- information pertaining to the network nodes currently forming part of the wireless communication network; a position determination function, for determining an approximate position of the network-service device (These claim limitations are written in the alternative. An alternative is addressed below);
a network-node addition function, for connecting one or more external nodes to the wireless communication network (Para.[0082] The leader 216 determines if there is an active commissioner for the mesh network 100. If there is an active commissioner, the leader rejects the petition from the commissioning device 210. If there is no active commissioner for the mesh network 100, the leader 216 accepts the petition from the commissioning device 210), and
an asset-tracking function, for tracking location of one or more target devices using beacon signals provided by the target devices in accordance with a predetermined communication protocol; an indoor positioning service function using beacon signals provided by the network devices (These claim limitations are written in the alternative. An alternative is addressed below).
Re claim 12: Claim 12 is rejected on the same grounds of rejection set forth in claim 1.
Re claim 13: Claim 13 is rejected on the same grounds of rejection set forth in claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hamlin (US 20210352764) and Anderson (US 20200288558) show controlling which devices join a network and commissioning.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD SAJID ADHAMI whose telephone number is (571)272-8615. The examiner can normally be reached 8:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy Kundu can be reached at (571) 272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD S ADHAMI/ Primary Examiner, Art Unit 2471