1DETAILED 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 amendment filed 6/4/2026 is acknowledged.
Claims 1,3-5, and 123 are amended.
Claims 8-11,14, and 15 are cancelled.
Claims 16-21 are new.
Claims 1-7,12,13, and 16-21 are pending.
Election/Restrictions
Newly submitted claims 17,18, and 21 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The newly submitted claims are directed towards load balancing and network stability. This is different from the originally presented claims that are directed towards setting an operation mode. The subcombination of load balancing and network stability has separate utility such as preventing dropped connections.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 17,18, and 21 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 1-7,16,19, and 20 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 1-7,16,19, and 20 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 § 103
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 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.
Claim(s) 1-7,12,13,16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turon (US 20150372875) in view of Schnaare (US 20080082698).
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: at least one processor; and at least one memory, the at least one memory having instructions store thereon that, when executed by the at least one processor, are configured to cause the node-control unit to implement (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 Figs.20 and 21 show 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 as a node thereof, and to provide a respective service-availability signal 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 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, the first network configuration being a standalone configuration of the wireless communication network in which at least one network node operates without the respective network-service device (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 of the at least one network node as a network node of the wireless communication network in a second network configuration, which includes the respective network-service device in the wireless communication network as an (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 are configured to perform in communication with the one or more network nodes, operating in the second operation mode, the commissioning function of at least one network node of the wireless communication network in the first operation mode (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, to generate and to provide, via an output interface, a corresponding first switch-mode signal to at least one of the one or more network nodes of the wireless communication network, the first switch-mode 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).
Turon does not explicitly disclose ephemeral network-service device.
Schnaare discloses ephemeral network-service device (Para.[0009] A self-organizing mesh network is provided with a secondary operating mode that accommodates handheld and other non-fixed transient network nodes).
Turon and Schnaare are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turon to include an ephemeral network-service device as taught by Schnaare in order to accommodate transient network devices (Schnaare Para.[0020]).
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 indicative of an instruction to switch the operation mode of the at least one network node from the second operation mode to the first operation mode 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, wherein the instructions, when executed by the at least one processor, are further configured to cause the node-control unit to implement: 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, , wherein the instructions, when executed by the at least one processor, are further configured to cause the node-control unit to implement: 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:
Turon discloses a method for operating a node-control unit for setting an operation mode of one or more network nodes of a wireless communication network, the method 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 Figs.20 and 21 show units for carrying out the functionality):
Ascertaining that one or more network-service devices, which are currently external to the wireless communication network, are currently available 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 as a node thereof, and to provide a respective service-availability signal 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);
in response to receiving the service-availability signal, generating and providing a first switch-mode signal indicative of an instruction to switch the operation mode of at least one of the network node from (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):
(i) a first operation mode of the at least one network node as a network node of the wireless communication network in a first network configuration that excludes the network-service device and that is a standalone configuration of the wireless communication network in which at least one network node operates without the respective network-service device (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
to (ii) a second operation mode of the at least one network node as a network node of the wireless communication network in a second network configuration that includes the at least one network-service device as an ephemeral network-service device that has joined 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 are configured to perform, when in communication with the one or more network node and operating in the second operation mode, the commissioning function having at least one of a software update function, a firmware update function, a configuration-validation function, or a fine-tune configuration function performed on at least one network node that is already part of the wireless communication network in the first operation mode (Para.[0089] Once accepted as the active commissioner, the commissioning device 210 may manage the network and Para.[0107] The joining device 212 sends an indication of a location for a commissioner application to be executed by the commissioning device 210 to perform the provisioning of the joining device 212 and Para.[0106] Provisioning may include updating the firmware in the joining device 212).
Turon does not explicitly disclose ephemeral network-service device.
Schnaare discloses ephemeral network-service device (Para.[0009] A self-organizing mesh network is provided with a secondary operating mode that accommodates handheld and other non-fixed transient network nodes).
Turon and Schnaare are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turon to include an ephemeral network-service device as taught by Schnaare in order to accommodate transient network devices (Schnaare Para.[0020]).
Re claim 13: Claim 13 is rejected on the same grounds of rejection set forth in claim 6.
Re claim 16:
As discussed above, Turon and Schnaare meet all the limitations of the parent claim.
Turon does not explicitly disclose the node-control unit of claim 1, wherein the respective network-service device is an (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).
Turon does not explicitly disclose the respective network-service device is an ephermal network-service device configured to temporarily join the wireless communication network and to subsequently disconnect from the wireless communication network.
Schnaare discloses the respective network-service device is an ephermal network-service device configured to temporarily join the wireless communication network and to subsequently disconnect from the wireless communication network (Para.[0020] In the embodiment shown in FIGS. 1 and 2, network 10 has both a primary operating mode in which devices 14A-14I communicate with one another and network manager 12, as well as a secondary operating mode that allows establishment of a point-to-point subnetwork between wireless handheld device 16 and one of the devices 14A-14I of network 10 and Para.[0024] Once the point-to-point network is established, handheld device 16 and network device 14C can pass data securely either by using the preconfigured join key to encrypt data, or through an automatic exchange of a temporary configuration encryption key and Para.[0025] Upon completion of the configuration process, handheld device 16 terminates the point-to-point subnetwork
Turon and Schnaare are analogous because they both pertain to data communications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turon to include an ephemeral network-service device as taught by Schnaare in order to accommodate transient network devices (Schnaare Para.[0020]).
Re claim 19:
As discussed above, Turon and Schnaare meet all the limitations of the parent claim.
Turon does not explicitly disclose the node-control unit of claim 1, wherein the network-service-detection unit is configured to
wherein the operation-mode setting unit is configured to provide(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).
As shown above, Turon discloses signaling to switch an operation mode. Turon does not explicitly disclose a farewell signal and signaling a switch operation in response to the farewell signal. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for a device to message that it is leaving a network in order to manage the devices that are connected to the network.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turon (US 20150372875) in view of Schnaare (US 20080082698) as applied to claim 1 above, and further in view of Anderson (US 20200288558).
Re claim 20:
As discussed above, Turon and Schnaare meet all the limitations of the parent claim.
Turon does not explicitly disclose the node-control unit of claim 1, wherein the network-service detection unit is configured to communicate with the network nodes using a first communication protocol and to ascertain the current availability of the one or more network-service devices using a second communication protocol different from the first communication protocol.
Anderson discloses the node-control unit of claim 1, wherein the network-service detection unit is configured to communicate with the network nodes using a first communication protocol and to ascertain the current availability of the one or more network-service devices using a second communication protocol different from the first communication protocol (Para.[0191] A control device may send transmissions using one or more network protocols. For example, an unclaimed control device may transmit messages (e.g., a beacon) using BLE communications. The unclaimed control device may constantly transmit the signal using BLE communications. After the control device is claimed, the control device may use alternating network protocols. For example, the control device may alternate using the Thread® protocol and/or BLE communications. – Examiner Note: Turon discloses communicating to ascertain the current availability of network-service devices).
Turon and Anderson are analogous because they both pertain to data communication.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turon to include using different protocols as taught by Anderson to allow communication with different types of devices.
Response to Arguments
Applicant's arguments filed 6/4/2026 have been fully considered but they are not persuasive.
In the remarks, Applicant contends the amendments overcome the 112(a) rejection.
The Examiner respectfully disagrees. The claim language still invokes 112(f) because functional language is coupled with the following generic placeholders: 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.
In the remarks, Applicant contends Turon does not disclose a network-service device that in a second operation mode becomes part of the wireless communication network as a node. Applicant’s rationale is Turon states the commissioning device 210 lacks any mesh credentials and therefore cannot communicate within the mesh network.
The Examiner respectfully disagrees. The network credentials are provided to the device when it is joining (Para.[0072] In order to join devices to the mesh network 100, a first device is commissioned to establish a commissioning credential for commissioning devices to join the mesh network 100, and network credentials for secure operation of the mesh network 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). Therefore the commissioning device is able to join and communicate with the mesh network.
In the remarks, Applicant contends Turon does not disclose any software/firmware update, configuration-validation, or fine-tune function performed by an ephemeral service device on a network node that is already part of the wireless communication network.
The Examiner respectfully disagrees. Turon discloses the commissioning function having at least one of a software update function, a firmware update function, a configuration-validation function, or a fine-tune configuration function performed on at least one network node that is already part of the wireless communication network in the first operation mode (Para.[0089] Once accepted as the active commissioner, the commissioning device 210 may manage the network and Para.[0107] The joining device 212 sends an indication of a location for a commissioner application to be executed by the commissioning device 210 to perform the provisioning of the joining device 212 and Para.[0106] Provisioning may include updating the firmware in the joining device 212). The commissioning device is part of the network, as shown by the commissioning device being accepted as the active commissioner. One of the tasks performed by the commissioning device is updating the firmware.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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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/MOHAMMAD S ADHAMI/ Primary Examiner, Art Unit 2471
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