DETAILED ACTION
This office action is a response to the Request for Continued Examination (RCE) filed on 02/02/2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application After Final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/02/2026 has been entered.
Response to Amendment
The Amendment filed on 02/02/2026 has been entered.
Claims 1-11 are pending
Claims 1, 6 and 11 are amended
Claims 12-20 are canceled
Claims 1-11 remain rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 - 11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 7-10 of US Patent No.: 11785652 B2 in view of HARDY et al. (US 20150256391 A1), hereinafter referenced as Hardy, and further in view of Fadell et al. (US 20140266669 A1), hereinafter referenced as Fadell.
This is a provisional nonstatutory double patenting rejection. The claims are not patentably distinct from each other as described below.
Instant Application No. 18/236,846
US Patent No.: 11785652 B2
Claim 1:
Claim 1:
A control device comprising:
A control device comprising:
a housing to receive a faceplate; a surface within the housing, the surface being positioned to be hidden within the housing by the faceplate
a surface that is hidden by a faceplate after installation of the control device;
the surface including one or more codes that are specific to the control device;
an optical code disposed on the surface, the optical code encoding a device identifier of the control device and an authentication code;
wherein the data communicated by the wireless computing device is derived from the one or more codes,
Claim 15: the one or more keys provided to the control device include: an application key; and a network key.
the provisioning sequence including generating one or more cryptographic keys based on the data communicated by the wireless computing device and
Claim 16: generate a unicast address for the control device; and share the unicast address with one or more other devices in the control network.
establishing the one or more cryptographic keys between the wireless computing device and the control device, and
Claim 15: the one or more keys provided to the control device include: an application key; and a network key.
(iii) after implementing the provisioning sequence, control a set of connected devices that are included in a control network, the set of connected devices including the wireless computing device that has been authenticated.
the authentication code is usable to authenticate the user device with the control device after the control device is identified using the device identifier during the provisioning sequence of events; and wherein upon authenticating the user device with the control device, the control device is included in a control network within a dwelling, the control network comprising a set of one or more other control devices and a set of connected devices that are controllable by the control device and the set of one or more other control devices.
Claim 2:
Claim 2:
The control device of claim 1,
wherein the surface is disposed on a base assembly of the control device.
wherein the surface is disposed on a base assembly of the control device.
Claim 3:
Claim 3:
The control device of claim 1,
further comprising an exterior panel, wherein the exterior panel hides the surface when the control device is wall-mounted.
further comprising an exterior panel, wherein the exterior panel hides the surface when the control device is installed.
Claim 4:
Claim 4:
The control device of claim 1,
wherein the one or more codes include an optical code is a Quick Response (QR) code.
wherein the optical code is a Quick Response (QR) code.
Claim 5:
Claim 1:
The control device of claim 1,
further comprising: a wireless transceiver; and wherein the data communicated by the wireless computing device includes an authentication code that is based on the one or more codes.
a wireless transceiver configured to communicate with a user device during a provisioning sequence of events that is initiated based on the user device scanning the optical code to obtain the device identifier and the authentication code,
Claim 6:
Claim 7:
The control device of claim 5,
further comprising control logic configured to: receive wireless user input from the wireless computing device; and
further comprising control logic configured to: receive wireless user input from the user device; and
generate signals to wirelessly control one or more connected devices of the set of connected devices in response to the user input using the wireless transceiver.
generate signals to wirelessly control one or more connected devices in response to the user input using the wireless transceiver.
Claim 7:
Claim 8:
The control device of claim 5,
further comprising control logic configured to: receive user input from a user interface element of the control device; and
further comprising control logic configured to: receive user input from a user interface element of the control device; and
generate signals to wirelessly control one or more connected devices in response to the user input using the wireless transceiver.
generate signals to wirelessly control one or more connected devices in response to the user input using the wireless transceiver.
Claim 8:
Claim 10:
The control device of claim 1,
wherein the control device comprises a wall-mountable switch.
wherein the control device comprises a wall-mountable switch.
Claim 9:
Claim 1:
The control device of claim 1,
further comprising logic configured to receive control data from the user device after the provisioning sequence is implemented.
wherein upon authenticating the user device with the control device, the control device is included in a control network within a dwelling, the control network comprising a set of one or more other control devices and a set of connected devices that are controllable by the control device and the set of one or more other control devices;
Claim 10:
Claim 9:
The control device of claim 9,
further comprising network logic configured to operate as a node in the control network after the provisioning sequence of events is carried out.
further comprising network logic configured to operate as a node in the control network after the provisioning sequence of events is carried out.
Claim 11:
Claim 1:
The control device of claim 1,
wherein the one or more codes includes an optical code, wherein the control device interprets the data communicated by the wireless computing device to determine a device identifier and an authentication code required for the control device to initiate the provision in a sequence.
a wireless transceiver configured to communicate with a user device during a provisioning sequence of events that is initiated based on the user device scanning the optical code to obtain the device identifier and the authentication code
US Patent No.: 11785652 B2’s claim 1 as stated in the table above fail to disclose an electrical interface to receive power from a main when the control device is wall-mounted for installation; … a surface within the housing, the surface being positioned to be hidden within the housing by the faceplate when the control device is wall-mounted and connected to receive power from the main, … one or more processors configured, when wall-mounted and connected to receive power from the main, to (i) establish communications with a wireless computing device that communicates with the control device using data that is based on the one or more codes, (ii) implement a provisioning sequence based on data communicated by the wireless computing device.
However, Hardy teaches one or more processors configured, when wall-mounted and connected to receive power from the main, to (i) establish communications with a wireless computing device that communicates with the control device using data that is based on the one or more codes (Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150]). Para. [0039]-Hardy discloses determining whether the optical code's unique identifier corresponds to a known device may include an analysis module further configured to: decode the unique identifier from the optical code; and determine whether the unique identifier is a known identifier. Fig. 17, Para. [0138]-Hardy discloses system 2402 includes a processor 2404, a memory 2406, a storage device 2408, and a display 2410),
(ii) implement a provisioning sequence based on data communicated by the wireless computing device (Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150])).
US Patent No.: 11785652 B2 and Hardy are both considered to be analogous to the claimed invention because they are in the same field of communication systems dealing with identification and authentication of internet accessible devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the US Patent No.: 11785652 B2 to incorporate the teachings of Hardy on device provisioning, with a motivation to establish communication, and guarantee providing verified user with access to data and technology resources, (Hardy, Para. [0008]).
US Patent No.: 11785652 B2’s claim 1 as stated in the table above fail to disclose an electrical interface to receive power from a main when the control device is wall-mounted for installation; … a surface within the housing, the surface being positioned to be hidden within the housing by the faceplate when the control device is wall-mounted and connected to receive power from the main.
However, Fadell teaches an electrical interface to receive power from a main when the control device is wall-mounted for installation (Para. [0142]-Fadell discloses by virtue of being mounting in place of traditional wall switches, the wall switch 108 has access to plentiful electrical operating power, such as by connecting to wiring (e.g., to 120V "hot" line voltage wires) that is behind the walls 154 of the smart-home environment 100 and that is present at virtually all standard home wall light switches);
a housing to receive a faceplate (Para. [0142]-Fadell discloses installation locations throughout the home, and the reasonably ample physical space on its face plate and in its housing to fit the necessary components, combine to enable the wall switch 108 to accommodate a rich and wide variety of sensing, interface, and communications capabilities for the smart-home environment 100);
a surface within the housing, the surface being positioned to be hidden within the housing by the faceplate when the control device is wall-mounted and connected to receive power from the main (Para. [0142]-Fadell discloses installation locations throughout the home, and the reasonably ample physical space on its face plate and in its housing to fit the necessary components, combine to enable the wall switch 108 to accommodate a rich and wide variety of sensing, interface, and communications capabilities for the smart-home environment 100. Para. [0142]-Fadell discloses by virtue of being mounting in place of traditional wall switches, the wall switch 108 has access to plentiful electrical operating power, such as by connecting to wiring (e.g., to 120V "hot" line voltage wires) that is behind the walls 154 of the smart-home environment 100 and that is present at virtually all standard home wall light switches.).
Fadell is considered to be analogous because it is in the same field of communication network, dealing with network-connected devices.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the US Patent No.: 11785652 B2 in view of Hardy to incorporate the teachings of Fadell on device installation, with a motivation to consider wall-mounted control devices, and design smart home networks to provide automated control of devices, appliances and systems, such as heating, ventilation, and air conditioning ("HVAC") system, lighting systems, home theater, entertainment systems, as well as security systems. (Fadell, Para. [0002]).
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 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 of this title, 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.
Claims 1, 4-5, 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over HARDY et al. (US 20150256391 A1), hereinafter referenced as Hardy, in view of Fadell et al. (US 20140266669 A1), hereinafter referenced as Fadell, and further in view of Notohardjono et al. (US 20170280274 A1), hereinafter referenced as Notohardjono.
Regarding claim 1, Hardy teaches a control device (Para. [0039]-Hardy discloses the apparatus may be further configured to include a communication module to communicate the secret string to the device. Para. [0039]-Hardy discloses a communication module may include wireless circuitry and/or control logic for controlling wireless circuitry (e.g., wifi, Bluetooth, one or more RF radios, etc.)) comprising:
the surface including one or more codes that are specific to the control device (Fig. 13. Para. [0027]-Hardy discloses capturing an image of an optical code affixed to a network device, wherein the optical code encodes a unique identifier for the device. Para. [0028]-Hardy discloses the optical code may encode a secret string);
one or more processors configured, when wall-mounted and connected to receive power from the main, to (i) establish communications with a wireless computing device that communicates with the control device using data that is based on the one or more codes (Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150]). Para. [0039]-Hardy discloses determining whether the optical code's unique identifier corresponds to a known device may include an analysis module further configured to: decode the unique identifier from the optical code; and determine whether the unique identifier is a known identifier. Fig. 17, Para. [0138]-Hardy discloses system 2402 includes a processor 2404, a memory 2406, a storage device 2408, and a display 2410),
(ii) implement a provisioning sequence based on data communicated by the wireless computing device (Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150])),
the data communicated by the wireless computing device is derived from the one or more codes (Fig. 4. Para. [0052]-Hardy discloses an authentication key comprising a code presented on a display for authentication and identification of a network device. Please see also Para. [0012] and [0053]. Fig. 4. Para. [0051]-Hardy discloses authentication key presented by a series of lights or indicators for authentication and identification of a network device),
the provisioning sequence including generating one or more cryptographic keys based on the data communicated by the wireless computing device (Para. [0012]-Hardy discloses the authentication methods described herein may include the independent exchange of one or more "keys" (secret messages) between each of three (or more) components, including the cloud server (which may be referred to herein as a cloud computing environment or a remote computing environment, or a remote server, or device-provisioning server, or simply as the "cloud"), a network device installed or to be installed and provisioned in the network including the cloud server, and a computing device (which may be referred to as a provisioning device, a local user device, a user device, a user computing device, a mobile device, or the like). Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150])) and
establishing the one or more cryptographic keys between the wireless computing device and the control device (Para. [0012]-Hardy discloses the authentication methods described herein may include the independent exchange of one or more "keys" (secret messages) between each of three (or more) components, including the cloud server (which may be referred to herein as a cloud computing environment or a remote computing environment, or a remote server, or device-provisioning server, or simply as the "cloud"), a network device installed or to be installed and provisioned in the network including the cloud server, and a computing device (which may be referred to as a provisioning device, a local user device, a user device, a user computing device, a mobile device, or the like)), and
(iii) after implementing the provisioning sequence, control a set of connected devices that are included in a control network, the set of connected devices including the wireless computing device that has been authenticated (Para. [0004]-Hardy discloses many computing devices [user device] are equipped for communication over one or more types of computer networks, including wireless networks [control network]. Before a computing device is able to connect to a particular wireless computer network, the device typically may undergo some form of device provisioning.... For example, a customer-provided equipment (CPE) device (e.g., laptop, desktop, mobile device, etc.) [user device] may be provisioned with certain network settings that enable the device to connect and communicate with a particular wireless (or wired) network. In addition, network components (including access points, wireless routers, etc.) may be added to existing networks or may establish their own network, and may also need to be provisioned [controll device]. In other examples, networks or devices, including sensors and home monitoring, security, and/or entertainment devices [control device], may be provisioned with network settings that enable the devices (e.g., wireless sensors, cameras, etc.) to connect and communicate with other wireless sensors and with each other. Para. [0031]-Hardy discloses provisioning the device may involve: decoding a secret string from the optical code; and sending the secret string to the device as an authentication password for accessing the device's access point).
Hardy fails to teach an electrical interface to receive power from a main when the control device is wall-mounted for installation; a housing to receive a faceplate; a surface within the housing, the surface being positioned to be hidden within the housing by the faceplate when the control device is wall-mounted and connected to receive power from the main.
However, Fadell teaches an electrical interface to receive power from a main when the control device is wall-mounted for installation (Para. [0142]-Fadell discloses by virtue of being mounting in place of traditional wall switches, the wall switch 108 has access to plentiful electrical operating power, such as by connecting to wiring (e.g., to 120V "hot" line voltage wires) that is behind the walls 154 of the smart-home environment 100 and that is present at virtually all standard home wall light switches);
a housing to receive a faceplate (Para. [0142]-Fadell discloses installation locations throughout the home, and the reasonably ample physical space on its face plate and in its housing to fit the necessary components, combine to enable the wall switch 108 to accommodate a rich and wide variety of sensing, interface, and communications capabilities for the smart-home environment 100).
Fadell is considered to be analogous because it is in the same field of communication network, dealing with network-connected devices.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy to incorporate the teachings of Fadell on device installation, with a motivation to consider wall-mounted control devices, and design smart home networks to provide automated control of devices, appliances and systems, such as heating, ventilation, and air conditioning ("HVAC") system, lighting systems, home theater, entertainment systems, as well as security systems, (Fadell, Para. [0002]).
Hardy fails to teach a surface within the housing, the surface being positioned to be hidden within the housing by the faceplate when the control device is wall-mounted and connected to receive power from the main.
However, Notohardjono teaches a surface within the housing, the surface being positioned to be hidden within the housing by the faceplate when the control device is wall-mounted and connected to receive power from the main (Para. [0021]-Notohardjono discloses in some electronic system configurations, however, a serial number label or marking placed on a top, bottom or side surface of an electronic device may be hidden from view when the device is installed within the electronic equipment rack. Para. [0020]-Notohardjono discloses electronic systems such as computers, servers and networking/telecommunications equipment are often housed within electronic equipment racks).
Hardy and Notohardjono are both considered to be analogous to the claimed invention because they are in the same field of communication network, dealing with provisioning of electronic devices.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy to incorporate the teachings of Notohardjono on a surface that is hidden after installation of the control device, with a motivation to secure the device structure and/or the device identifiers and secret codes, and make it difficult or impossible to read the serial number of a particular device without removing the device from the electronic equipment rack. (Notohardjono, Para. [0021]).
Regarding claim 4, Hardy in view of Fadell and Notohardjono teaches the control device of claim 1,
Hardy further teaches the one or more codes include an optical code is a Quick Response (QR) code (Para. [0020]-Hardy discloses the step of obtaining may include obtaining optically (by taking an image of a code, such as a QR code, bar code, alphanumeric code, etc.) on one of the network device and/or computing device. Para. [0067]-Hardy discloses apparatuses and methods may also require more than one independent pathway to verify/confirm authorization codes).
Regarding claim 5, Hardy in view of Fadell and Notohardjono teaches the control device of claim 4,
Hardy further teaches a wireless transceiver; and wherein the data communicated by the wireless computing device includes an authentication code that is based on the one or more codes (Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150]). Para. [0039]-Hardy discloses determining whether the optical code's unique identifier corresponds to a known device may include an analysis module further configured to: decode the unique identifier from the optical code; and determine whether the unique identifier is a known identifier. Fig. 17, Para. [0138]-Hardy discloses system 2402 includes a processor 2404, a memory 2406, a storage device 2408, and a display 2410).
Regarding claim 8, Hardy in view of Fadell and Notohardjono teaches the control device of claim 1,
Hardy fails to teach the control device comprises a wall-mountable switch.
However, Fadell teaches the control device comprises a wall-mountable switch (Fig. 1. Para. [0028]-ME discloses the smart-home environment 100 of FIG. 1 further includes one or more intelligent, multi-sensing, network-connected wall switches 108 (herein after referred to as "smart wall switches 108")).
Fadell is considered to be analogous because it is in the same field of communication network, dealing with network-connected devices.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy in view of Fadell and Notohardjono to incorporate the teachings of Fadell on switches, with a motivation to consider wall-mounted control devices, and design smart home networks to provide automated control of devices, appliances and systems, such as heating, ventilation, and air conditioning ("HVAC") system, lighting systems, home theater, entertainment systems, as well as security systems. (Fadell, Para. [0002]).
Regarding claim 9, Hardy in view of Fadell and Notohardjono teaches the control device of claim 1,
Hardy further teaches to receive control data from the user device after the provisioning sequence is implemented (Para. [0004]-Hardy discloses many computing devices [user device] are equipped for communication over one or more types of computer networks, including wireless networks [control network]. Before a computing device is able to connect to a particular wireless computer network, the device typically may undergo some form of device provisioning.... For example, a customer-provided equipment (CPE) device (e.g., laptop, desktop, mobile device, etc.) [user device] may be provisioned with certain network settings that enable the device to connect and communicate with a particular wireless (or wired) network. In addition, network components (including access points, wireless routers, etc.) may be added to existing networks or may establish their own network, and may also need to be provisioned [controll device]. In other examples, networks or devices, including sensors and home monitoring, security, and/or entertainment devices [control device], may be provisioned with network settings that enable the devices (e.g., wireless sensors, cameras, etc.) to connect and communicate with other wireless sensors and with each other).
Regarding claim 11, Hardy in view of Fadell and Notohardjono teaches the control device of claim 1,
Hardy further teaches the one or more codes includes an optical code, wherein the control device interprets the data communicated by the wireless computing device to determine a device identifier and an authentication code required for the control device to initiate the provision in a sequence (Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150]). Para. [0039]-Hardy discloses determining whether the optical code's unique identifier corresponds to a known device may include an analysis module further configured to: decode the unique identifier from the optical code; and determine whether the unique identifier is a known identifier. Fig. 17, Para. [0138]-Hardy discloses system 2402 includes a processor 2404, a memory 2406, a storage device 2408, and a display 2410).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over HARDY et al. (US 20150256391 A1), hereinafter referenced as Hardy, in view of Fadell et al. (US 20140266669 A1), hereinafter referenced as Fadell, and further in view of Notohardjono et al. (US 20170280274 A1), hereinafter referenced as Notohardjono, and further in view of Atkinson et al. (US 20130198858 A1), hereinafter referenced as Atkinson.
Regarding claim 2, Hardy in view of Fadell and Notohardjono teaches the control device of claim 1,
Hardy fails to teach the surface is disposed on a base assembly of the control device.
However, Atkinson teaches the surface is disposed on a base assembly of the control device (Fig. 6A. Para. [0103]-Atkinson discloses FIG. 6A is a screen capture of the top 602 and bottom 604 of an exemplary Blu-ray case containing an insert with a second identifier hidden by a Blu-ray disc. Fig. 7B. Para. [0105]-Atkinson discloses FIG. 7B is a screen capture of the top 706 and bottom 708 of the exemplary DVD case depicted in FIG. 7A where the second identifier is hidden by a DVD 800).
Atkinson is considered to be analogous because it is in the same field of wireless network, dealing with device connectivity.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy in view of Fadell and Notohardjono to incorporate the teachings of Atkinson on base assembly, with a motivation to design solutions for reading hidden optical codes, and for managing access to benefits, such as digital rights, associated with a purchased product. (Atkinson, Para. [0004]).
Regarding claim 3, Hardy in view of Fadell and Notohardjono teaches the control device of claim 1,
Hardy fails to teach an exterior panel, wherein the exterior panel hides the surface when the control device is wall-mounted.
However, Atkinson teaches an exterior panel, wherein the exterior panel hides the surface when the control device is wall-mounted (Fig. 6A. Para. [0103]-Atkinson discloses these elements may include, without limitation, removable tabs, stickers, scratch off material, sliders, switch panels, and other similar mechanisms. Such mechanisms may serve as a further impediment to unauthorized access of the restricted content).
Atkinson is considered to be analogous because it is in the same field of wireless network, dealing with device connectivity.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy in view of Fadell and Notohardjono to incorporate the teachings of Atkinson on panel hiding the surface, with a motivation to design solutions for scenarios, where panels are used to hide optical codes, and for managing access to benefits, such as digital rights, associated with a purchased product. (Atkinson, Para. [0004]).
Claims 6-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over HARDY et al. (US 20150256391 A1), hereinafter referenced as Hardy, in view of Fadell et al. (US 20140266669 A1), hereinafter referenced as Fadell, and further in view of Notohardjono et al. (US 20170280274 A1), hereinafter referenced as Notohardjono, and further in view of KWON et al. (US 20180160301 A1), hereinafter referenced as Kwon.
Regarding claim 6, Hardy in view of Fadell and Notohardjono teaches the control device of claim 5,
Hardy further teaches receive wireless user input from the wireless computing device (Para. [0038]-Hardy discloses a user-input module to obtain a user-specified selection of a device site within which the network device is to operate. Fig. 1, Para. [0070]-Hardy discloses the network devices 104 can be processing devices having a memory which may use both wireless communications or hard wired communications as an input-output means. Fig. 17, Para. [0139]-Hardy discloses Data 2424 can include any data that is required as input); and
Hardy fails to teach generate signals to wirelessly control one or more connected devices of the set of connected devices in response to the user input using the wireless transceiver.
However, Kwon explicitly teaches generate signals to wirelessly control one or more connected devices of the set of connected devices in response to the user input using the wireless transceiver (Fig. 2 and 4. Para. [0117]-Kwon discloses the host stack (or host module) 20 refers to hardware for transmitting or receiving a Bluetooth packet to and from a wireless transceiver module receiving a Bluetooth signal of 2.4 GHz, and is connected to a Bluetooth module, the controller stack 10, to control the Bluetooth module and performs an operation. Fig. 4. Para. [0119]-Kwon discloses the BR/EDR PHY layer 12 is a layer transmitting and receiving a 2.4 GHz wireless signal).
Kwon is considered to be analogous because it is in the same field of wireless network, dealing with device provisioning.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy in view of Fadell and Notohardjono to incorporate the teachings of Kwon and generate signals to wirelessly control one or more connected devices in response to the user input using the wireless transceiver, with a motivation to control remote electric devises as desired, and allowing various devices to be wirelessly connected in a near field to exchange data. (Kwon, Para. [0002]).
Regarding claim 7, Hardy in view of Fadell and Notohardjono teaches the control device of claim 5,
Hardy fails to teach receive user input from a user interface element of the control device; and generate signals to wirelessly control one or more connected devices in response to the user input using the wireless transceiver.
However, Kwon explicitly teaches receive user input from a user interface element of the control device (Fig. 2. Para. [0089]-Kwon discloses the input unit 112, 122 refers to a module providing a user input to a controller, like a screen button, to allow the user to control an operation of a device); and
generate signals to wirelessly control one or more connected devices in response to the user input using the wireless transceiver. (Fig. 2 and 4. Para. [0117]-Kwon discloses the host stack (or host module) 20 refers to hardware for transmitting or receiving a Bluetooth packet to and from a wireless transceiver module receiving a Bluetooth signal of 2.4 GHz, and is connected to a Bluetooth module, the controller stack 10, to control the Bluetooth module and performs an operation. Fig. 4. Para. [0119]-Kwon discloses the BR/EDR PHY layer 12 is a layer transmitting and receiving a 2.4 GHz wireless signal).
Kwon is considered to be analogous because it is in the same field of wireless network, dealing with device provisioning.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy in view of Fadell and Notohardjono to incorporate the teachings of Kwon on control logic configured to: receive user input from a user interface element of the control device; and generate signals to wirelessly control one or more connected devices in response to the user input using the wireless transceiver, with a motivation to control remote electric devises by directly entering user input into the provisioned device, and allowing various devices to be wirelessly connected in a near field to exchange data. (Kwon, Para. [0002]).
Regarding claim 10, Hardy in view of Fadell and Notohardjono teaches the control device of claim 9,
Hardy fails to teach to operate as a node in the control network after the provisioning sequence of events is carried out.
However, Kwon explicitly teaches to operate as a node in the control network after the provisioning sequence of events is carried out (Fig. 1, 2, 6, 7, and 9. Para. [0316]-Kwon discloses the provisioning procedure is a procedure for providing information for a provisioner 400 of the mesh network to join the mesh network, and through the provisioning procedure, the first device 100 may obtain an address of the network, keys, a device identifier, and various types of information to operate as part of the mesh network. Para. [0269]-Kwon discloses a mesh network may be formed by devices equipped with Bluetooth as a scheme for controlling through a multi-hop connection between several devices).
Kwon is considered to be analogous because it is in the same field of wireless network, dealing with device provisioning.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Hardy in view of Fadell and Notohardjono and Yang to incorporate the teachings of Kwon on network logic configured to operate as a node in a mesh network after the provisioning sequence of events is carried out, with a motivation to control multiple remote electric devises, and allowing various devices to be wirelessly connected in a near field to exchange data. (Kwon, Para. [0002]).
Response to Arguments
Applicant's Arguments/Remarks, filed on 02/02/2026, with respect to the Double Patenting and 35 USC § 103 rejection of claims 1-11 have been fully considered. Applicant’s arguments are not persuasive.
In the remarks, on page 6, Lines [18-23], Applicant argues that, “Hardy, Fadell, Notohardjono, Atkinson, and/or Kwon do not disclose or suggest "the provisioning sequence including generating one or more cryptographic keys based on the data communicated by the wireless computing device and establishing the one or more cryptographic keys between the wireless computing device and the control device," as recited by Claim 1.”
However, Hardy teaches the data communicated by the wireless computing device is derived from the one or more codes (Fig. 4. Para. [0051]-Hardy discloses authentication key presented by a series of lights or indicators for authentication and identification of a network device. Fig. 4. Para. [0052]-Hardy discloses an authentication key comprising a code presented on a display for authentication and identification of a network device. Please see also Para. [0012] and [0053]), the provisioning sequence including generating one or more cryptographic keys based on the data communicated by the wireless computing device (Para. [0012]-Hardy discloses the authentication methods described herein may include the independent exchange of one or more "keys" (secret messages) between each of three (or more) components, including the cloud server (which may be referred to herein as a cloud computing environment or a remote computing environment, or a remote server, or device-provisioning server, or simply as the "cloud"), a network device installed or to be installed and provisioned in the network including the cloud server, and a computing device (which may be referred to as a provisioning device, a local user device, a user device, a user computing device, a mobile device, or the like). Fig. 8. Para. [0108]-Hardy discloses Mobile device 1502 can run a software application that provisions network device 1504 by scanning optical code 1506 that is affixed to network device 1504, and interfaces with a device-provisioning server 1508 over a network 1510 to provision network device 1504. (See also Para. [0150])) and establishing the one or more cryptographic keys between the wireless computing device and the control device (Para. [0012]-Hardy discloses the authentication methods described herein may include the independent exchange of one or more "keys" (secret messages) between each of three (or more) components, including the cloud server (which may be referred to herein as a cloud computing environment or a remote computing environment, or a remote server, or device-provisioning server, or simply as the "cloud"), a network device installed or to be installed and provisioned in the network including the cloud server, and a computing device (which may be referred to as a provisioning device, a local user device, a user device, a user computing device, a mobile device, or the like)), while
Kwon teaches establishing the one or more cryptographic keys between the wireless computing device and the control device (Fig. 9. Para. [0325]-Kwon discloses through the beacon message, the provisioner 400 which has scanned the first device 200 transmits an invite message to the first device 200 (S9020). Fig. 9. Para. [0327]-Kwon discloses when the first device 200 wants to perform the provisioning procedure, that is, when the first device 300 wants to join the mesh network, the first device 200 transmits a capability message as a response (S9030)).
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure.
Alexander M. Eugene McQueen (US 20160048715 A1)-discloses [0025] In continuing, FIG. 2 illustrates the features of FIG. 1 with the addition of aiming beam 260. Operator 150 attempts to scan item 120 with an optical code 125. Optical code 125 can also be a bar code or other data that can be read or scanned. Optical code 125 is located in such a way to be hidden, obscured, or facing away from operator 150. Operator 150 can see optical code 125 in minor 230 by line of sight 140. Line of sight 140 allows operator 150 to correctly align optical code 125 within camera 210's field of view 170…. …Fig. 1-5
KWON et al. (US 20180160301 A1)-discloses Fig. 9. Para. [0325-0330]-Kwon discloses the provisioner 400 which has scanned the first device 200 transmits an invite message to the first device 200 (S9020). [0326] The invite message inquires about whether the first device 200 wants to perform a provisioning procedure, and when the first device 200 does not want to perform the provisioning procedure, the first device 200 disregards the invite message.[0327] However, when the first device 200 wants to perform the provisioning procedure, that is, when the first device 300 wants to join the mesh network, the first device 200 transmits a capability message as a response (S9030). [0328] The capability message includes information indicating whether the first device 200 supports setting of a security algorithm, a public key, information indicating whether a value can be output to a user, information indicating whether a value can be received from the user, and the like. [0329] Public Key Exchanging Step [0330] Thereafter, the provisioner 400 transmits a starting message for starting provisioning to the first device 200 (S9040)…. …Fig. 1-5
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/OO/
Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472