CTFR 18/155,242 CTFR 82564 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION 1. This action is responsive to the communication filed on 5/18/26. Claims 1-4, 13, 15, 16, 19 and 20 have been amended. Claim 10 has been cancelled. Claim 21 has been added Claims 1-9 and 11-21 are pending. 2. Applicants' arguments filed 5/18/26 have been fully considered but they are not deemed to be persuasive. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-02-aia AIA 4. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-20-aia AIA 5. 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 . 07-23-aia AIA 6. The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA 7. Claim s 1-3, 9, 11, 14, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK et al (US 20180084338 A1 hereinafter, “BOSTICK”) . 8. With respect to claim 1, Cella discloses a computer-implemented method for data transfer, comprising: determining a data generation temporal pattern (Cella [0006], [0018], [0030], [0056], [0205], [0211], [0220], [0222], [0226], [0241], [0253], [0260], [0269] – [0274], [0281], [0325] – [0327], [0339], [0350], [0355], [0463], [0564], [0904], [0919], [0933], [0947], [0950] , [2185] e.g. data collection; time series patterns. [0564] In embodiments, ultrasonic monitoring in an industrial environment may be performed by a system for data collection as described herein on rotating elements (e.g., motor shafts and the like), bearings, fittings, couplings, housings, load bearing elements, and the like. The ultrasonic data may be used for pattern recognition , state determination, time-series analysis , and the like, any of which may be performed by computing resources of the industrial environment , which may include local computing resources (e.g., resources located within the environment and/or within a machine in the environment, and the like) and remote computing resources (e.g., cloud-based computing resources, and the like). [0933] In embodiments, methods and systems described herein that involve an expert system or self-organization capability may use an echo state network (“ESN”), which may comprise a recurrent neural network with a sparsely connected, random hidden layer. The weights of output neurons may be changed (e.g., the weights may be trained based on feedback). In embodiments, an ESN may be used to handle time series patterns , such as, in an example, recognizing a pattern of events associated with a gear shift in an industrial turbine, generator, or the like) ; creating a data collection strategy based on the data generation temporal pattern (Cella [0006], [0018], [0030], [0056], [0205], [0211], [0220], [0222], [0226], [0241], [0253], [0260], [0269] – [0274], [0281], [0325] – [0327], [0339], [0350], [0355], [0463], [0564], [0904], [0919], [0933], [0947], [0950] , [2185] e.g. data collection; time series patterns) ; generating a data collection policy based on the data collection strategy and a data infrastructure evaluation (Cella [0011], [0333], [0337], [0342], [0346], [0367], [0884], [0959], [0960] – [0969], [0977], [0980] – [0994], [1532], [1602], [2174] e.g. data collection; time series patterns [0337] bandwidth costs, [2174] lowest current price) ; and creating a data transfer schedule for transfer of data from one or more data source devices to a data store based on the data collection policy (Cella [0011], [0333], [0337], [0342], [0346], [0367], [0884], [0959], [0960] – [0969], [0977], [0980] – [0994], [1532], [1602], [2174] e.g. [0337] bandwidth costs, [2174] lowest current price. [0884] The sensors 9706 may provide a stream of data over time that has a phase component, such as relating to acceleration or vibration, allowing for the evaluation of phase or frequency analysis of different operational aspects of a piece of equipment or an operating component. … The sensors 9706 may provide a continuous or near continuous stream of data overtime, periodic readings, event-driven readings, and/or readings according to a selected interval or schedule . [0960] In embodiments, evaluation of the current routing templates may be based on operational mode routing collection schemes , such as a normal operational mode, a peak operational mode, an idle operational mode, a maintenance operational mode, …. The evaluation of the current routing template collection routine may be based on a collection routine with respect to a collection parameter, such as network availability, sensor availability, a time-based collection routine (e.g., on a schedule, over time), and the like. [0961] …. The evaluation of the current routing template may be based on operational mode routing collection schemes . …. The evaluation of the current routing template collection routine may be based on a collection routine with respect to a collection parameter, such as where the parameter is network availability, sensor availability, a time-based collection routine (e.g., where a routine collects sensor data on a schedule, evaluates sensor data over time) . [0966] … and providing a machine learning data analysis circuit structured to receive output data from the plurality of input channels and evaluate a current routing template collection routine based on the received output data received over time , wherein the machine learning data analysis circuit learns received output data patterns, wherein the data collector is configured to switch from the current routing template collection routine to an alternative routing template collection routine based on the learned received output data patterns . In embodiments, the instructions may be deployed locally on the data collector, such as deployed in part locally on the data collector and in part on a remote information technology infrastructure component apart from the collector, where each of the input channels correspond to a sensor located in the environment . [0967] The evaluation of the received output data may be based on operational mode routing collection schemes, where the operational mode is at least one of a normal operational mode, a peak operational mode, an idle operational mode, a maintenance operational mode, and a power saving operational mode. … The evaluation of the received output data may be based on a collection routine with respect to a collection parameter, wherein the parameter is a network availability, a sensor availability, a time-based collection routine (e.g., collects sensor data on a schedule or over time) , and the like. [0982]… providing a data collector communicatively coupled to a plurality of input channels; providing a data acquisition circuit structured to interpret a plurality of detection values , each of the plurality of detection values corresponding to at least one of the input channels, wherein the data acquisition circuit acquires sensor data from a first route of input channels for the plurality of input channels; providing a data storage structured to store sensor specifications for sensors that correspond to the input channels ; providing a data analysis circuit structured to evaluate the sensor data with respect to stored anticipated state information, wherein the anticipated state information comprises an alarm threshold level , …) . Although Cella substantially teaches the claimed invention, Cella does not explicitly indicate determining a data generation temporospatial pattern; and the data generation temporospatial pattern . BOSTICK teaches the limitations by stating determining a data generation temporal pattern; determining a data generation temporospatial pattern; creating a data collection strategy based on the data generation temporal pattern and the data generation temporospatial pattern (BOSTICK [0075], [0084], [0085] e.g. [0075] The system described herein uses a knowledgebase to find the location of sound by identifying the type of sound, and then gathering information from various mobile devices to calculate the possible location of the sound. If enough mobile devices are not available to collect the data, then the system will use a historical knowledge database to calculate an approximate location of the sound . [0084] As described in block 612, the processor(s) identify a temporospatial sound pattern for the sounds based on the location of the source of the sounds and the date and time that the source produced the sounds . [0085] As described in block 614, the processor(s) plot the temporospatial sound pattern on a digital map (as depicted in FIG. 4 and/or FIG. 5). As described herein, the digital map depicts the location of the source of the sounds while the source produced the sounds . That is, the digital map shows the location of an entity while it produced the particular sound(s)). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella and BOSTICK, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]). 9. With respect to claim 2, Cella discloses wherein the data generation temporal pattern includes at least one selected from a group consisting of monthly, weekly, daily, and hourly (Cella [0252] e.g. hourly; daily) . 10. With respect to claim 3, Cella discloses receiving one or more user preferences (Cella [1514], [2066], [2076] e.g. user preference) . 11. With respect to claim 9, Cella discloses wherein the data collection policy is based on the user preferences (Cella [0355], [0463], [0564], [0904], [0919], [0933], [0947], [0950] [1514], [2066], [2076] e.g. data collection; user preference) . 13. With respect to claim 11, Cella discloses enabling editing of the data collection strategy (Cella [0057], [0415], [0451] e.g. edit) . 14. With respect to claim 14, Cella discloses wherein the editing enables selection of a cheapest data strategy (Cella [2174] e.g. lowest current price) . 15. Claim 19 is same as claim 1 and is rejected for the same reasons as applied hereinabove. 16. Claim 20 is same as claim 1 and is rejected for the same reasons as applied hereinabove . 07-21-aia AIA 17. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK, and further in view QIAO et al (CN 112752193 A hereinafter, “QIAO”) . 18. With respect to claim 4, Although Cella and BOSTICK combination substantially teaches the claimed invention, they do not explicitly indicate wherein the user preferences include a maximum delay factor , wherein the maximum delay factor defines an amount of time that collection of data may be deferred . QIAO teaches the limitations by stating wherein the user preferences include a maximum delay factor , wherein the maximum delay factor defines an amount of time that collection of data may be deferred (QIAO pages 3-4 e.g. In one embodiment of the present invention, the far-field voice collecting module 102 in the wake state, the wake-up communication module 101 receives the trigger signal again, the processing module 103 can delay control far-field voice collecting module 102 enters the sleep state; that is to prolong the far field voice device 102 into the waiting time of the sleep state. For example, the far-field voice collecting module 102 is in the wake state, far-field voice collecting module 102 continuously does not collect the time of the voice signal if reaches the preset time, the processing module 103 controls the far-field voice collecting module 102 into the sleep state, but; if the far field voice collecting module 102 in the awake state, the wake-up communication module 101 receives the trigger signal again, the processing module 103 can be on the basis of the preset time, increasing the delay time, prolonging the far field voice device 102 into the waiting time of the sleep state; to defer control far field voice collecting module 102 into the sleep state. … In some embodiments, in order to improve the delay far field voice collecting module 102 enters the rationality of the sleep state delay, can configure the maximum delay time. Specifically, it can each receive a trigger signal, then increasing a delay time on the basis of the preset time, until the maximum delay time.). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK and QIAO, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]) . 07-21-aia AIA 19. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK, and further in view Wang . 20. With respect to claim 5, Although Cella and BOSTICK combination substantially teaches the claimed invention, they do not explicitly indicate wherein the user preferences include a data compression option . Wang teaches the limitations by stating wherein the user preferences include a data compression option (Wang [0012] e.g. user preferences; data compression). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK and Wang, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]) . 07-21-aia AIA 21. Claim s 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK, and further in view of Karni . 22. With respect to claim 6, Although Cella and BOSTICK combination substantially teaches the claimed invention, they do not explicitly indicate wherein the user preferences include a data sampling option . Karni teaches the limitations by stating wherein the user preferences include a data sampling option (Karni [0072] e.g. For example, when new user preference data is obtained (e.g. when a user changes at least one user preference as described above), the process may update, insubstantially real-time, the financial asset value data which is obtained. In one aspect, a change in user preferences may comprise at least one of resampling of financial asset value data based on anew sampling interval,, switching from one financial asset to another when a new financial asset identifier is obtained, etc.). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK and Karni, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]). 23. With respect to claim 7, Cella discloses wherein the data sampling option includes a data size (Cella [0423], [1414] – [1422] e.g. sampling; size) . 07-21-aia AIA 24. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK, and further in view of Jagannath . 25. With respect to claim 8, Although Cella and BOSTICK combination substantially teaches the claimed invention, they do not explicitly indicate wherein the user preferences include a data limits option . Jagannath teaches the limitations by stating wherein the user preferences include a data limits option (Jagannath [0019] e.g. the user preferences include a data limits). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK and Jagannath, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]) . 07-21-aia AIA 26. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK, and further in view of Chen . 27. With respect to claim 12, Although Cella and BOSTICK combination substantially teaches the claimed invention, they do not explicitly indicate wherein the editing enables selection of a fastest data strategy . Chen teaches the limitations by stating wherein the editing enables selection of a fastest data strategy (Chen [0057] e.g. edit; fastest data). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK and Chen, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]) . 07-21-aia AIA 28. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK, and further in view of WEBBER et al (WO 2015195289 A1 hereinafter, “WEBBER”) . 29. With respect to claim 15, Although Cella and BOSTICK combination substantially teaches the claimed invention, they do not explicitly indicate wherein the data infrastructure evaluation includes obtaining an electricity pricing model , wherein the electricity pricing model includes Time of Use (TOU) rates and a meteorological model . WEBBER teaches the limitations by stating wherein the data infrastructure evaluation includes obtaining an electricity pricing model , wherein the electricity pricing model includes Time of Use (TOU) rates and a meteorological model (WEBBER [0055] – [0056] e.g. [0055] These data were then multiplied by the temporally corresponding ERGOT electricity market price (for the Austin specific analysis) or Time-of-Use (TOU) rate data (for the national analysis) and summed to calculate the value of the solar energy produced as per Equation 10 : [0056] where P.sub.out,i is the power output of the solar PV system in W, ~t is the time-step, Price.sub.1,i is the economic price (ERGOT SPP or TOU rate, $/kWh), and Price.sub.2,i is the price associated with reduction in overall demand charges for a commercial or industrial consumer that has the solar PV system behind the meter, all at time i. … This calculation was then completed for multiple radiation inputs (measured, Typical Meteorological Year (TMY) , and clear-sky), weather inputs (measured and TMY), and pricing inputs (market and electric rate) for Austin). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK and WEBBER, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]) . 07-21-aia AIA 30. Claim s 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK and WEBBER, and further in view of Borella et al (US 20040042423 A1 hereinafter, “Borella”) . 31. With respect to claim 16, Although Cella, BOSTICK and WEBBER combination substantially teaches the claimed invention, they do not explicitly indicate wherein the data infrastructure evaluation includes obtaining a bandwidth pricing model , wherein the bandwidth pricing model includes data rates for communication over a Radio Access Network (RAN), and wherein the data rates fluctuate based on a time of day . Borella teaches the limitations by stating wherein the data infrastructure evaluation includes obtaining a bandwidth pricing model , wherein the bandwidth pricing model includes data rates for communication over a Radio Access Network (RAN), and wherein the data rates fluctuate based on a time of day (Borella [0021] e.g. [0021] Higher or lower data rates can be apportioned and assigned in accordance with a variety of criteria, including but not limited to corresponding fees, time of day, day of week, category of user, duration of broadcast, and so forth. In general, such maximum data rates tend to comprise an absolute level of service as versus a dynamic relative level of service. That is, the level of service indicator will more likely tend to be used by the radio access network to apportion resources to the subscriber as a function of the level of service indicator itself and not with respect to a dynamic relative comparison to other current, recent, or potential users.). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK, WEBBER and Borella, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]). 32. With respect to claim 17, Cella discloses changing the data transfer schedule in response to detecting a change in the data infrastructure evaluation (Cella [0011], [0333], [0337], [0342], [0346], [0367], [1532], [1602] e.g. a change) . 33. With respect to claim 18, Cella discloses issuing an alert in response to the changing of the data transfer schedule (Cella [0011], [0333], [0337], [0342], [0346], [0348], [0367], [1531] – [1532], [1601] - [1602] e.g. alert) . 07-21-aia AIA 34. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Cella in view of BOSTICK, and further in view Ledet et al (US 10353968 B1 hereinafter, “Ledet”) . 35. With respect to claim 21, Although Cella and BOSTICK combination substantially teaches the claimed invention, they do not explicitly indicate wherein the user preferences further comprise: a maximum chunk bytes, wherein the maximum chunk bytes is a maximum number of bytes for a single data collection instance Ledet teaches the limitations by stating a maximum chunk bytes, wherein the maximum chunk bytes is a maximum number of bytes for a single data collection instance (Ledet col. 18 lines 13-33 e.g. (96) The application 450 can contain a configuration portion where the user is able to configure certain elements, permitting the functionality to behave as he/she desires. For example, there can be the following configuration elements in the application 450 which are grouped together and located in a specific "configuration" section of the application that is easily accessible at all times by the user. Examples of such configuration elements include length of time in uploading data per event (minutes), a maximum amount of data collected per event (MB), a maximum number of files to collect per event, a maximum number of bits/bytes to collect , a minimum quality of video files (bit rate), a maximum quality of video files (bit rate), a minimum quality of audio files (bit rate), a maximum quality of audio files (bit rate), a maximum size of data files (MB), etc. The source of the data may be derived from the client device 18/20/22. These configuration elements permit the user to specify specific parameters of the data that may be captured in the application 450 and to help limit the capturing of an abundance of data that is unmanageable due to the size of data captured.). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, in view of the teachings of Cella, BOSTICK and Ledet, to leveraging collected data for monitoring, remote control, autonomous action, and other activities in industrial environments (Cella [0002]) . Response to Arguments 36. Applicant’s remarks and arguments presented on 5/18/26 have been fully considered but they are moot in view of the new grounds of rejection presented in this office action. Conclusion 07-40 AIA 37. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SyLing Yen whose telephone number is 571-270-1306. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sanjiv Shah can be reached at 571-272-4098. The fax and phone numbers for the organization where this application or proceeding is assigned is 571-273-8300. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2100. /SYLING YEN/Primary Examiner, Art Unit 2166 June 1, 2026 Application/Control Number: 18/155,242 Page 2 Art Unit: 2166 Application/Control Number: 18/155,242 Page 3 Art Unit: 2166 Application/Control Number: 18/155,242 Page 4 Art Unit: 2166 Application/Control Number: 18/155,242 Page 5 Art Unit: 2166 Application/Control Number: 18/155,242 Page 6 Art Unit: 2166 Application/Control Number: 18/155,242 Page 7 Art Unit: 2166 Application/Control Number: 18/155,242 Page 8 Art Unit: 2166 Application/Control Number: 18/155,242 Page 9 Art Unit: 2166 Application/Control Number: 18/155,242 Page 10 Art Unit: 2166 Application/Control Number: 18/155,242 Page 11 Art Unit: 2166 Application/Control Number: 18/155,242 Page 12 Art Unit: 2166 Application/Control Number: 18/155,242 Page 13 Art Unit: 2166 Application/Control Number: 18/155,242 Page 14 Art Unit: 2166 Application/Control Number: 18/155,242 Page 15 Art Unit: 2166 Application/Control Number: 18/155,242 Page 16 Art Unit: 2166 Application/Control Number: 18/155,242 Page 17 Art Unit: 2166 Application/Control Number: 18/155,242 Page 18 Art Unit: 2166
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