Prosecution Insights
Last updated: October 04, 2026
Application No. 18/037,849

SYSTEM AND METHOD FOR OVER THE AIR COMMISSIONING OF DEVICES COMMUNICATING OVER A COMMUNICATION NETWORK

Final Rejection §102§Other
Filed
May 19, 2023
Priority
Nov 19, 2020 — IN 202021038165 +1 more
Examiner
TODD, GREGORY G
Art Unit
2443
Tech Center
2400 — Computer Networks
Assignee
Spintly Inc.
OA Round
5 (Final)
39%
Grant Probability
At Risk
6-7
OA Rounds
1y 2m
Est. Remaining
36%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
176 granted / 456 resolved
-19.4% vs TC avg
Minimal -3% lift
Without
With
+-2.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 6m
Avg Prosecution
34 currently pending
Career history
499
Total Applications
across all art units

Statute-Specific Performance

§101
9.5%
-30.5% vs TC avg
§103
39.4%
-0.6% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 456 resolved cases

Office Action

§102 §Other
DETAILED ACTION 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 Amendment This office action is in response to applicant’s amendment filed, 27 April 2026, of application filed, with the above serial number, on 19 May 2023 in which claims 1, 15 have been amended. Claims 1-3, 8-9, 13-20 are pending in the application. Claim Rejections - 35 USC § 102 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) 1-3, 8-9, 13-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hu et al (hereinafter “Hu”, 2019/0349252). As per Claim 1, Hu discloses a system (100) for over the air commissioning, the system (100) comprising: a wireless mesh network (at least paragraph 24; bluetooth mesh network); a server configured to provide network credentials for over the air commissioning, wherein the network credentials include a network key, and an address associated with the wireless mesh network (at least paragraph 25, 30, 38; Server 10b may thus determine whether it needs to perform provisioning operations for unprovisioned Bluetooth devices on this list of unprovisioned Bluetooth devices. It may actively generate provisioning data for the unprovisioned Bluetooth devices on this list.; Provisioning data examples including NetKey, AppKey and unicast address data); processing circuitry (104) that is coupled to the server, and configured to be commissioned with the wireless mesh network by way of the network credentials received from the server (at least Fig. 1; par. 27, 37, 72; Bluetooth gateway 10a generally includes at least one processing unit, at least one memory device, and a Bluetooth communication module; Server 10b and the plurality of Bluetooth gateways 10a may employ multiple forms of collaboration; the Bluetooth gateway may receive a provisioning instruction issued by the server and analyze the provisioning instruction to extract provisioning data); a first device and a second device, wherein the processing circuitry, in response to a request signal from the second device for commissioning the second device with the wireless mesh network, commissions the second device with the wireless mesh network by way of the network credentials received from the server (at least paragraph 65, 34; Fig. 1; unprovisioned Bluetooth devices notify nearby Bluetooth gateways through broadcasting when prepared to access the network; A plurality of Bluetooth gateways may be deployed in the residence in order for all Bluetooth appliances, such as Bluetooth lamps, Bluetooth switches, Bluetooth sockets, Bluetooth stereo systems, Bluetooth refrigerators, and Bluetooth drinking fountains, which are in different locations throughout the residence, to access the Bluetooth mesh network through provisioning operations. For example, Bluetooth gateways may be deployed in various locations including each of the following: a first-floor living room, a second-floor staircase, a third-floor staircase, etc. In this manner, it would be possible to detect Bluetooth devices on the first floor, second floor, third floor, and in other locations. This can solve the problem of a single provisioner being unable to detect some Bluetooth devices because they are farther away.); wherein when the first device is not in direct wireless range of the processing circuitry, the first device is configured to generate and provide a request signal for commissioning the first device with the wireless mesh network to the second device, wherein the second device is in direct wireless range of both the processing circuitry and the first device (at least paragraph 33-34, 46; Each Bluetooth gateway in Bluetooth mesh network 10 may detect one unprovisioned Bluetooth device… the information about the unprovisioned Bluetooth devices that each Bluetooth gateway detects may be reported to server 10b; par. 49; Server 10b may directly issue the provisioning data to the destination Bluetooth gateway. As discussed previously, after the destination Bluetooth gateway receives the provisioning data, it may determine that there is a need to perform a provisioning operation on the detected, unprovisioned Bluetooth device using the provisioning data. A different approach may be that server 10b issues a provisioning instruction that includes the provisioning data for the destination Bluetooth gateway. With such an approach, after the destination Bluetooth gateway receives the provisioning instruction, it may learn of the need to perform a provisioning operation directed at the detected, unprovisioned Bluetooth device and then analyze the provisioning instruction and extract the provisioning data to perform a provisioning operation directed at the detected, unprovisioned Bluetooth device using the provisioning data); wherein the processing circuitry is configured to (a) receive the request signal for commissioning the first device with the wireless mesh network via the second device, (b) receives the network credentials from the server based on the request signal for commissioning the first device with the wireless mesh network, and (c) provide the network credentials to the second device such that the second device commissions the first device with the wireless mesh network based on the network credentials (at least paragraph 46; Each Bluetooth gateway in Bluetooth mesh network 10 may detect one unprovisioned Bluetooth device… the information about the unprovisioned Bluetooth devices that each Bluetooth gateway detects may be reported to server 10b; par. 49; Server 10b may directly issue the provisioning data to the destination Bluetooth gateway. As discussed previously, after the destination Bluetooth gateway receives the provisioning data, it may determine that there is a need to perform a provisioning operation on the detected, unprovisioned Bluetooth device using the provisioning data. A different approach may be that server 10b issues a provisioning instruction that includes the provisioning data for the destination Bluetooth gateway. With such an approach, after the destination Bluetooth gateway receives the provisioning instruction, it may learn of the need to perform a provisioning operation directed at the detected, unprovisioned Bluetooth device and then analyze the provisioning instruction and extract the provisioning data to perform a provisioning operation directed at the detected, unprovisioned Bluetooth device using the provisioning data). As per Claim 2. The system (100) as claimed in claim 1, wherein the request signal comprises a unique identifier (ID) associated with a first device (102a) of the plurality of devices such that the unique ID facilitate to identify one of, a location of the first device (102a), a type of the first device (102a), a wireless mesh network to which the first device (102a) is to be tagged to (at least paragraph 40; information about unprovisioned Bluetooth devices detected and reported by Bluetooth gateways 10a can include identifying information about the Bluetooth devices, e.g., universally unique identifiers (UUIDs). In some embodiments, information about the Bluetooth devices also includes signal strength information about the Bluetooth devices detected by Bluetooth gateways 10a, e.g., received signal strength indicators (RSSIs). UUIDs may include product IDs, media access control (MAC) addresses, and other information. A product ID may identify the Bluetooth device type, capabilities, and other such information. Server 10b may use the information). As per Claim 3. The system (100) as claimed in claim 1, wherein the processing circuitry is configured to provide the request signal to the server such that the server updates a list of non-commissioned devices by adding the non-commissioned device in the list (at least paragraph 38; Server 10b may thus determine whether it needs to perform provisioning operations for unprovisioned Bluetooth devices on this list of unprovisioned Bluetooth devices. It may actively generate provisioning data for the unprovisioned Bluetooth devices on this list.). As per Claim 8. The system (100) as claimed in claim 1, wherein the wireless mesh network (108) comprises one of, an Internet of Things (IOT) network, a Bluetooth Low Energy (BLE) network, a Zigbee network, or a combination thereof (at least paragraph 32, 17; Bluetooth Low Energy (BLE) standard). As per Claim 9. The system (100) as claimed in claim 1, wherein the plurality of devices (102) comprises one of, IOT light bulbs, IOT light panels, IOT temperature sensors, IOT humidity sensors, IOT access control readers, IOT range extenders, or a combination thereof (at least paragraph 32; bluetooth lamp). As per Claim 13. The system (100) as claimed in claim 1, wherein the server (106) further comprises a database (112) that is configured to store the first device (102a) in a list of non-commissioned devices with the associated unique ID of the first device (102a) (at least paragraph 38; a user may pre-save a list of unprovisioned Bluetooth devices on server 10b. Server 10b may thus determine whether it needs to perform provisioning operations for unprovisioned Bluetooth devices on this list of unprovisioned Bluetooth devices. It may actively generate provisioning data for the unprovisioned Bluetooth devices on this list). As per Claim 14. The system (100) as claimed in claim 13, wherein the database (112) is further configured to store a list of commissioned devices and associated unique IDs of the commissioned devices (at least paragraph 38-40; eg. UUIDs). Claims 15-20 do not, in substance, add or define any additional limitations over claims 1, 2, 14, 8, 9, 3, respectively, and therefore are rejected for similar reasons, supra. Response to Arguments Applicant's arguments filed 27 April 2026 have been fully considered but they are not persuasive. Applicant argues that Hu’s claim 1 does not anticipate amended independent claim 1. Applicant arguments appear to only consider Hu par. 46 and Hu claim 1. Applicant emphasizes “[0046] Each Bluetooth gateway in Bluetooth mesh network 10 may detect one unprovisioned Bluetooth device or multiple unprovisioned Bluetooth devices within its signal coverage area, or it may detect no Bluetooth devices at all.” However, the bolded portion is simply one alternative and Hu teaches in the language prior to the bolded that other devices may be detected, so it is not clear what is being argued. Applicant argument sums down to a device not within range of the server needs to be provisioned multiple hops away by other devices that are within range and that Hu teaches only one hop away. First, it is not clear as to the processing circuitry being part of the first or second device. It appears the processing circuitry is not commissioned as the claim language recites “configured to be commissioned with the wireless mesh network” at a future time as with the first device. Second, Hu clearly teaches such multiple hops away as all of Hu’s mesh network nodes are points of access for Bluetooth devices (at least paragraph 18, 33). Thus in Fig. 1, Personal computer 10a is a processing circuitry device connected to server 10b, bluetooh tv set is a second device that connects to computer 10a, first device Bluetooth lamp connects to tv or tablet acting as Bluetooth gateway, etc. The entire mesh allows all of the devices to connect to any device closest and/or available for connecting to the server out of range (at least paragraph 17). See all of Hu par. 17: [0017] A mesh network (e.g., a Bluetooth mesh network) is a type of wireless network in which each node may send and receive signals. Each node may communicate directly with one or more peer nodes. To overcome limits on the communication range of Bluetooth devices, the Bluetooth Special Interest Group published the Bluetooth Mesh Profile Specification, which specifies the Bluetooth Low Energy (BLE) standard. Bluetooth mesh networks include provisioners and Bluetooth devices. To ensure security of a Bluetooth mesh network, Bluetooth devices need to be added to the Bluetooth mesh network by being provisioned by a provisioner. During provisioning, Bluetooth devices need to be located within the signal coverage area of the provisioner in order to communicate with the provisioner. This limits the coverage of the Bluetooth mesh network. Thus, it would be beneficial to develop techniques to address the problem of Bluetooth mesh network coverage limitations. The present application discloses a Bluetooth mesh network architecture and provisioning method that addresses Bluetooth mesh network coverage limitations by allowing for a wider coverage area for provisioning. Provisioning coverage can be extended to a relatively large distance, and by deploying Bluetooth gateways in a quantity commensurate with the required coverage area, flexibility can be achieved. Applicant lastly argues that Hu’s provisioning authority is restricted to Bluetooth gateways only and not having a provisioned Bluetooth device act as a gateway to provision other unprovisioned devices. However, the argument appears to conflict with itself by stating Hu teaches only Bluetooth gateways can provision and not devices acting as gateways can provision. Ignoring the fact that the claims don’t recite Bluetooth or gateways at all, Hu clearly teaches any device 10a can act as a gateway, that is the entire idea of Hu’s mesh network. 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. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY TODD whose telephone number is (303)297-4763. The examiner can normally be reached 8:30-5 MST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Taylor can be reached on 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GREGORY TODD/Primary Examiner, Art Unit 2443
Read full office action

Prosecution Timeline

Show 6 earlier events
Apr 22, 2025
Response after Non-Final Action
May 08, 2025
Final Rejection mailed — §102, §Other
Jun 03, 2025
Interview Requested
Aug 08, 2025
Request for Continued Examination
Aug 14, 2025
Response after Non-Final Action
Jan 27, 2026
Non-Final Rejection mailed — §102, §Other
Apr 27, 2026
Response Filed
Sep 23, 2026
Final Rejection mailed — §102, §Other (current)

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Prosecution Projections

6-7
Expected OA Rounds
39%
Grant Probability
36%
With Interview (-2.7%)
4y 6m (~1y 2m remaining)
Median Time to Grant
High
PTA Risk
Based on 456 resolved cases by this examiner. Grant probability derived from career allowance rate.

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