Response to amendment
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 .
The amendment dated on 11/7/25 has been received and made of record.
Claims 1-8 and 15-20 are pending.
Applicant’s arguments with respect to claims 1 and 15 have fully considered but are not persuasive for the following reasons
First, With respect to claims 1 and 15 applicant alleges the cited art fails to discloses newly added limitation to claims 1 and 15. For example, specifically alleges cited art fails to disclose “wherein the at least one processing unit is an edge processing unit without connection to the cloud server”.
First examiner asserts the limitation “wherein the at least one processing unit is an edge processing unit without connection to the cloud server” 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(s), at the time the application was filed, had possession of the claimed invention. Specifically, any negative limitation or exclusionary proviso must have basis in the original disclosure(see below).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 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 and 19 are rejected under 35 U.S.C. 112, 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(s), at the time the application was filed, had possession of the claimed invention. “wherein the at least one processing unit is an edge processing unit without connection to the cloud server”. The Specification as originally filed does not discuss nor explain how the negative limitations of “… processing unit is an edge processing unit without connection to the cloud server”. "Any negative limitation or exclusionary proviso must have basis in the original disclosure…”.
The inventive entity recites “wherein the at least one processing unit is an edge processing unit without connection to the cloud server,...”
Applicant’s specification does not recite performing the claimed invention "“wherein the at least one processing unit is an edge processing unit without connection to the cloud server. " (precluding) the claimed/amended limitation as recited in the amended claims recited above.
MPEP 2173.05 (i) states:
"Any negative limitation or exclusionary proviso must have basis in the original disclosure. If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims. See In re Johnson, 558 F.2d 1008, 1019, 194 USPQ 187, 196 (CCPA 1977) ("[the] specification, having described the whole, necessarily described the part remaining."). See also Ex parte Grasselli, 231 USPQ 393 (Bd. App. 1983), aff 'd mem., 738 F.2d 453 (Fed. Cir. 1984). The mere absence of a positive recitation is not basis for an exclusion. Any claim containing a negative limitation which does not have basis in the original disclosure should be rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement."
The amended phrase clearly recites a negative limitation. Indeed, the specification/disclosure must contain a full, clear and concise description of the claimed subject matter. The specification does not exclude the transaction request to include the identifier of the user.
Furthermore, applicant points (par. 0041) of the instant application for support , however, examiner did not find such support of “wherein the at least one processing unit is an edge processing unit without connection to the cloud server
Additionally, Singh discloses smart home network assistance agent for continuously perform scan the at least one home to discover connected device and associated communications protocol continuously or periodically (e.g., at predefined intervals) perform scanning for connected devices and their associated communication protocol(see par. 0036).
Furthermore, Applicant alleges the cited art fails to discloses or to fairly suggest “wherein the gateway base module connects to the cloud server through the
network connection unit to access the platform, so that the platform can scan the
at least one home device and can detect the proper communication protocol for
the gateway base module to communicate with the at least one home device,
wherein the at least one communication module connects to the at least one home
device using the detected communication protocol to collect data from the at least
one sensor and the at least one actuator, and wherein the at least one communication module sends instructions to the at least one sensor and the at least one actuator based upon the data.
In response examiner respectfully disagrees and asserts Ulen discloses as illustrated in fig. 6 ) a gateway base module (695 ) connects to the cloud server(670) through the network connection unit to access the platform(605), so that the platform can scan the at least one home device(637, 634, 630) and can detect the proper communication protocol for the gateway base module to communicate with the at least one home device(see par. 0039, 0047 , the system detect , monitors and managing each of the devices in system 100 at the different homes or monitored properties with different communication protocols, and ensures proper communication protocol for the gateway base module to communicate with the at least one home device or sensors, for example, Cellular Cat-M, Wi-Fi, BLE, LoRaWAN, and others), wherein the at least one communication module connects to the at least one home device using the detected communication protocol to collect data from the at least one sensor(see par. 0074 0198), and wherein the at least one communication module sends instructions to the at least one sensor based upon the data and an end device(see par. 0074, 0104, the gateway to an end device, the server can transmit the instructional data to the corresponding device). Here, Ulen does not disclose sending instructions at least one actuator. However, Bakalis discloses sending instructions to at least one actuator(see par. 0192). The purpose is to enable each authorized user devices to activate devices on the smart home network remotely, for example, to switch an engine on or off, to open or close a door, or to open or close a trunk) to provide a client system which can perform data communication handling data from various sensors and data to various actuators configured to change internal system conditions and can reduce costs of the whole system by simplification and power.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-8, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ulen et al. U.S. Patent Application Publication No. 2023/0044362[hereinafter Ulen] in view of Bakalis et al; U.S. Patent Application Publication No. 2021/0209614 [hereinafter Bakalis] and further in view of Singh; Gyanveer U.S. Patent Application Publication No 2023/0368785[hereinafter Sing]
As per claim 1, and 15 Ulen discloses module smart home gateway system(home monitoring (fig. 6, 600) comprising: a cloud server(660), having a platform therein.
a gateway base module (695 ) having at least one processing unit, a network connection unit, a power control unit (elements 630, 122 22may act gateway device with power control) and at least one external connection terminal(638) ,
at least one home device(637) having at least one sensor and, being in a building and connecting to the cloud server platform through gateway base module(see par. 0185)
at least one communication module (610) connected to the at least one external connection terminal, for connecting to the at least one home device
wherein the at least one communication module(610) connects to, collects data from, and sends instructions to at least one sensor, and at least one home device in a building(637)(see par. 0057, 0179-0180);
wherein the gateway base module connects to the cloud server through the network connection unit to access the platform, so that the platform can scan the at least one home device and can detect the proper communication protocol for the gateway base module to communicate with the at least one home device(see par. 0039, 0047 , the system detect , monitors and managing each of the devices in system 100 at the different homes or monitored properties with different communication protocols, and ensures proper communication protocol for the gateway base module to communicate with the at least one home device or sensors, for example, Cellular Cat-M, Wi-Fi, BLE, LoRaWAN, and others)r
wherein the at least one communication module connects to the at least one home device using the detected communication protocol to collect data from the at least one sensor(see par. 0074 0198), and wherein the at least one communication module sends instructions to the at least one sensor based upon the data and an end device(see par. 0074, 0104, the gateway to an end device, the server can transmit the instructional data to the corresponding device). and “wherein the at least one processing unit is an edge processing unit without connection to the cloud server(see 0179-0180);
Note: for further details for above communication structure (see figure 6 elements, descriptions and associated pars. 0177).
Ulen does not disclose sending instructions at least one actuator.
Bakalis discloses sending instructions to at least one actuator(see par. 0192). Therefore, it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate the teachings of Bakalis into the system of Ulen as this would enable each authorized user devices to activate devices on the smart home network remotely, for example, to switch an engine on or off, to open or close a door, or to open or close a trunk) to provide a client system which can perform data communication handling data from various sensors and data to various actuators configured to change internal system conditions and can reduce costs of the whole system by simplification and power .
The system of Ulen -Bakalis discloses substantial features of the claimed invention as discussed above with respect to claims 1 and 11,
system of Ulen -Bakalis does not explicitly disclose to continuously scan the at least one home.
Sing discloses smart home network assistance agent for continuously perform scan the at least one home to discover connected device and associated communications protocol continuously or periodically (e.g., at predefined intervals) perform scanning for connected devices and their associated communication protocol(see par. 0036). Therefore, it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate the teachings of Singh into the system of Ulen-Bakalis thus enabling system to continuously update (e.g., add or remove nodes and relationships between nodes) the one or more knowledge graphs based on the active states of devices indicated in the device state information(see par. 0036)
As per claim 2, Ulen discloses the system of claim 1, wherein the network connection unit comprises of a wi-fi unit, a local area network unit, and a cellular connection unit(see 0178, 0220).
As per claim 3, and 17 Ulen discloses the system of claim 1, wherein the at least one communication module comprises a ZigBee module, a Z-wave module, a LARaWAN module, a Bluetooth module, and a security module(see 0198, 0207).
As per claim 4, Ulen discloses the system of claim 1, wherein the at least one processing unit runs a firmware that corresponds to the at least one processing unit, the network connection unit, the power control unit, and the at least one external connection terminal, wherein the gateway base module is controlled by the at least one user device(see par. 0184,0220, receive information regarding events from the one or more user devices 640 and 650).
As per claim 5, Ulen discloses the system of claim 1, wherein the gateway base module controls a home security alarm system through the security module(see par. 0214).
As per claim 6, Ulen discloses the system of claim 1, wherein the gateway base module is capable of contacting a security team, caller center, or mobile device through the cloud server, when the at least one processing module detects an incident(see par. 0215).
As per claims 7-8 and 19-20 Ulen discloses the gateway base module can utilize at least six communication protocols at the same time or seven communication protocols at the same time (see par. 0006, where multiple protocols, such as Bluetooth Low Energy (BLE), Long Range Wide Area Network (LoRaWAN), Wi-Fi, Cellular Cat-M1, and Cellular Cat-NB1, some of these protocols can correspond to backhaul physical layer protocols, e.g., Cellular Cat-M1 Cellular Cat-NB1, and Wi-Fi, and some of the protocols can correspond to local physical layer protocols, e.g., BLE and LoRaWAN).
As per Claim 16, Ulen discloses the system of claim 15, wherein the at least one external connection terminal is connected to a communication module(see fig. 6 and par. 0178).
As per Claim 18 Ulen discloses the system of claim 15, wherein the processing unit is configured to have a multi-threaded processing firmware for simultaneously sending and receiving data with at least one communication protocol(see par. 0104).
THIS ACTION IS MADE FINAL. 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM.
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466