DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-9 and 18-20 in the reply filed on 11-3-2025 is acknowledged.
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.
The factual inquiries 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.
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.
Claim(s) 1-3, 5-9 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Palin 20160212147.
As to claim 1, Palin discloses a method for low energy sensing [using Bluetooth™ Low Energy protocol (LE)] (see par. 0003) comprising:
placing a sensor in a listening mode [the radio only listens for specific advertisements until receiving an advertising message] (see par. 0257);
receiving, by the sensor, a wake-up request (see par. 0249, 0259, 0274);
in response to the sensor receiving the wake-up request: detecting [reading, getting], by the sensor, a first parameter [id or description of the controllable device capabilities]; generating, by the sensor, a response [first packet] including the first parameter (see par. 0103, 0247); and broadcasting, by the sensor, the response [first packet] [controllable device 102 starts sending the Bluetooth LE advertisements 150 containing a description of the controllable device capabilities] (see par. 0263, 0273). Palin does not explicitly recite that response Bluetooth LE advertisement is a packet; however, Palin disclose in par. 0247 that the received Bluetooth LE advertisement is a packet; thereby, it will be obvious that the response Bluetooth LE advertisement is also a packet. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to repeat the teaching of the received Bluetooth LE advertisement into the response Bluetooth LE advertisement since it will provide the same predictable result of sending the desired information to achieve the desired outcome.
As to claim 2, Palin discloses the method of claim 1, wherein while in the listening mode, the sensor is configured to not transmit any data unless the wake-up request is first received [the radio only listens for specific advertisements until receiving an advertising message] (see par. 0257).
As to claim 3, Palin discloses the method of claim 1, wherein while in the listening mode, the sensor is configured to not detect any parameter unless the wake-up request is first received [the radio only listens for specific advertisements until receiving an advertising message] (see par. 0257).
As to claim 5, Palin discloses the method of claim 1, wherein the sensor is Bluetooth Low Energy (BLE) compatible, and the first packet is an advertisement packet (see par. 0136). Palin does not explicitly recite that response Bluetooth LE advertisement is a packet; however, Palin disclose in par. 0247 that the received Bluetooth LE advertisement is a packet; thereby, it will be obvious that the response Bluetooth LE advertisement is also a packet. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to repeat the teaching of the received Bluetooth LE advertisement into the response Bluetooth LE advertisement since it will provide the same predictable result of sending the desired information to achieve the desired outcome.
As to claim 6, Palin discloses the method of claim 1, wherein prior to the sensor receiving the wake-up request, the sensor has no other communication with a device that transmitted the wake-up request [the radio only listens for specific advertisements until receiving an advertising message] (see fig. 1; par. 0257).
As to claim 7, Palin discloses the method of claim 1 further comprising: in response to the sensor receiving the wake-up request, detecting, by the sensor, a second parameter, wherein the first parameter is different from the second parameter [id and description of the controllable device capabilities] (see par. 0103).
As to claim 8, Palin discloses the method of claim 7, wherein the first message includes both the first parameter and the second parameter [id and description of the controllable device capabilities] (see par. 0103). Palin does not explicitly recite that response Bluetooth LE advertisement is packet; however, Palin disclose in par. 0247 that the received Bluetooth LE advertisement is a packet; thereby, it will be obvious that the response Bluetooth LE advertisement is also a packet. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to repeat the teaching of the received Bluetooth LE advertisement into the response Bluetooth LE advertisement since it will provide the same predictable result of sending the desired information to achieve the desired outcome.
As to claim 9, Palin discloses the method of claim 7 further comprising: in response to the sensor receiving the wake-up request: generating, by the sensor, the second parameter; and broadcasting, by the sensor, the second parameter [id or description of the controllable device capabilities] (see par. 0103). Palin fails to disclose a second packet; however, it would have been obvious to one having ordinary skill in the art at the time the invention was made to separate information, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to broadcast a second message or packet for the simple purpose of making sure that the information is received.
Regarding claims 18-20, they are the respective Bluetooth Low Energy (BLE) sensor claims of method claims 1-2 and 7-8. Therefore, claims 18-20 are rejected for the same reasons as show above. In addition, fig. 1B shows the processor 122 and communicators 115-116.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Palin 20160212147 in view of Meli WO 2024/175606.
As to claims 4, Palin discloses the method of claim 1 further comprising: in response to the sensor receiving the wake-up request, broadcasting, by the sensor, (see par. 0249, 0259, 0273-0274). Palin fails to disclose broadcasting, by the sensor, the wake-up request. In an analogous art, Meli discloses: in response to the sensor receiving the wake-up request [110], broadcasting, by the sensor, the wake-up request [150] (see fig. 2; page 23). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to combine the teachings for the simple purpose of forwarding the wakeup signal and allowing to wake up additional devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F.
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MARCOS L. TORRES
Primary Examiner
Art Unit 2647
/MARCOS L TORRES/Primary Examiner, Art Unit 2647