Prosecution Insights
Last updated: April 19, 2026
Application No. 18/037,849

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

Non-Final OA §102§Other
Filed
May 19, 2023
Examiner
TODD, GREGORY G
Art Unit
2443
Tech Center
2400 — Computer Networks
Assignee
Spintly Inc.
OA Round
4 (Non-Final)
39%
Grant Probability
At Risk
4-5
OA Rounds
5y 3m
To Grant
34%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allow Rate
171 granted / 443 resolved
-19.4% vs TC avg
Minimal -4% lift
Without
With
+-4.1%
Interview Lift
resolved cases with interview
Typical timeline
5y 3m
Avg Prosecution
45 currently pending
Career history
488
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 443 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 and RCE filed, 08 August 2025, of application filed, with the above serial number, on 19 May 2023 in which claims 1-3, 8, 15-18, 20 have been amended and claims 10-12 have been cancelled. 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 to 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 plurality of devices, wherein a non-commissioned device of the plurality of devices generates and provides a request signal for commissioning (at least paragraph 65; unprovisioned Bluetooth devices notify nearby Bluetooth gateways through broadcasting when prepared to access the network) to one of: (i) the processing circuitry when the processing circuitry is in direct wireless range of the non-commissioned device such that the processing circuitry (a) receives the network credentials from the server based on the request signal and (b) commissions the non-commissioned device with the wireless mesh network based on the received network credentials; or (ii) a commissioned device of the plurality of devices that is in direct wireless range of both the processing circuitry and the non-commissioned device such that the processing circuitry (a) receives the request signal via the commissioned device, (b) receives the network credentials from the server based on the request signal, and (c) provide the network credentials to the commissioned device that is commissioned to the wireless mesh network such that the commissioned device commissions the non-commissioned 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 with respect to claim(s) 1-3, 8-9, 13-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 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
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Prosecution Timeline

May 19, 2023
Application Filed
Jun 01, 2024
Non-Final Rejection — §102, §Other
Sep 05, 2024
Response Filed
Dec 05, 2024
Final Rejection — §102, §Other
Feb 10, 2025
Response after Non-Final Action
Apr 08, 2025
Request for Continued Examination
Apr 22, 2025
Response after Non-Final Action
May 03, 2025
Final Rejection — §102, §Other
Jun 03, 2025
Interview Requested
Aug 08, 2025
Request for Continued Examination
Aug 14, 2025
Response after Non-Final Action
Jan 23, 2026
Non-Final Rejection — §102, §Other (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
39%
Grant Probability
34%
With Interview (-4.1%)
5y 3m
Median Time to Grant
High
PTA Risk
Based on 443 resolved cases by this examiner. Grant probability derived from career allow rate.

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