Office Action Predictor
Last updated: April 15, 2026
Application No. 18/263,660

EMBEDDED SENSORS AND SYSTEMS EXPLOITING EMBEDDED SENSORS

Non-Final OA §102
Filed
Jul 31, 2023
Examiner
NGUYEN, PHUONGCHAU BA
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Giatec Scientific INC.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
665 granted / 749 resolved
+30.8% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
26 currently pending
Career history
775
Total Applications
across all art units

Statute-Specific Performance

§101
11.1%
-28.9% vs TC avg
§103
31.9%
-8.1% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 749 resolved cases

Office Action

§102
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 Species B of Claims 1-2, 16, 20 & 7-15 in the reply filed on 12-24-25 is acknowledged. Note that All non-elected Species A & C-E of claims 3-6, 17-19 & 21-25 had been canceled in this election. Priority Applicant’s claim for the benefit of a prior-filed application, PCT/CA2022/050141 filed 2-1-22 has Provisional of 63199901 filed 2-1-21, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Information Disclosure Statement These information disclosure statement (IDS) submitted on 11-10-23. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to because All Numbers of a common element in Figs.1-9 & 14-25 should be labeled with descriptive legends at least once. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-2 & 20 is/are rejected under 35 U.S.C. 102(a)(1-2) as being anticipated by Kuber (US 2020/0329341 A1). Regarding Claim 1. A method comprising: a) transmitting data {Kuber: physical location 198-Fig.1, ¶0048-¶0050} from a sensor {Kuber (US 2020/0329341 A1): Luminaires 110-Fig.1} to a server {Kuber: Cloud Computing Device 166-Fig.1 & ¶0066 wherein “a server running on the Cloud Computing Device”} connected to a network {Kuber: Local Wireless Communication Network 106-Fig.1} via a gateway {Kuber: Gateway 120-Fig.1} also connected to the network {Kuber: Local Wireless Communication Network 106-Fig.1}; wherein the data transmitted from the sensor {Kuber: Luminaires 110-Fig.1} to the server {Kuber: Cloud Computing Device 166-Fig.1} relates to an environment {Kuber: indoor space 105-Fig.1 & ¶0048-¶0050} within which the sensor is deployed. Regarding Claim 2. The method according to claim 1, wherein the sensor {Kuber: Luminaires 110-Fig.1} is one of a plurality of sensors {Kuber: Luminaires 110A-W in Fig.1}, each sensor embedded within a construction material {Kuber: light sources 111-Fig.5, ¶0039-¶0040} forming a predetermined portion {Kuber: physical location 198-Fig.1} of the environment {Kuber: indoor space 105-Fig.1}; wherein the gateway communicates with the network with a first wireless protocol {Kuber: ¶0042 wherein “The WAN 130 is a separate network but with a shared application protocol for self-healing. It should be appreciated, however, that local wireless communication network 106 and WAN 130 in a different implementation may be a different part of the same network tree or star network, and therefore may not be separate networks and can utilize the same network communication protocols” and ¶0041-¶0043, e.g. the local wireless communication network’s protocols such as “ZigBee, DECT, NFC, Bluetooth, Z-wave, WiFi, etc.”(¶0041), emphasis added}; each sensor of the plurality of sensors communicates with the gateway with a second wireless protocol {Kuber: ¶0041 wherein “the local wireless communication network 106 can be a wireless mesh network (e.g., ZigBee, DECT, NFC, etc.), a personal area network (e.g., Bluetooth or Z-Wave), a visual light communication (VLC) network, or Wi-Fi. A VLC network is a data communications variant which uses visible light between 400 and 800 THz (780-375 nm), and is a subset of optical wireless communications technologies”; In other words, sensor communicating with gateway using the protocols such as ZigBee, DECT, NFC, Bluetooth, Z-wave, WiFi, etc., emphasis added}. Regarding Claim 20. The method according to claim 1, wherein the device {Kuber: Luminaire 110-Fig.5} comprises: an interface {Kuber: Local Wireless Communication Interface(s)-Fig.5} operating according to a first protocol {Kuber: ¶0041 wherein “NFC, VLC, DECT, ZigBee, Bluetooth, or WiFi”} for receive first data from an electronic device {Kuber: Mobile Device 199-Fig.1 & ¶0092 wherein “FIG. 6, the mobile device 199 includes at least one digital or analog digital transceiver 620, which is a network communication interface for wireless communications. For example, short range XCVR 620 is for short-range digital communication over the local wireless communication network 106, such as NFC, VLC, DECT, ZigBee, Bluetooth, or WiFi”; also ¶0095}; a controller {Kuber: Luminaire Processor 115-Fig.5} for receiving the first data {Kuber: from Mobile Device 199-Fig.1} and generating second data in dependence thereon {Kuber: generating second data to Gateway based on the receiving first data from Mobile Device, Figs.1 & 5}; a first wireless transceiver {Kuber: Transceiver(s) 113-Fig.5} operating according to a second protocol {Kuber: ¶0041 wherein “NFC, VLC, DECT, ZigBee, Bluetooth, or WiFi”} coupled to the controller {Kuber: Luminaire Processor 115-Fig.5} for transmitting the second data via an antenna {Kuber: e.g. to the gateway 120-Fig.1, emphasis added}. Allowable Subject Matter Claims 7-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wengrovitz (US 2017/0116846 A1) discloses a system, method, and computer program product for a wearable smart gateway (WSG) that is capable of providing interoperability gateway functions for a variety of wearable devices. In an embodiment, the WSG detects one or more devices within a proximity that use communication interfaces supported by corresponding plug-ins installed in the memory. Then, the WSG establishes communication channels with the detected one or more devices according to configurations within the corresponding plug-ins, wherein the established communication channels forms a personal area network. The WSG may perform interoperability gateway functions to communicate data monitored by the one or more devices within the personal area network to an agency via a wide area data network {Figs.1-9}. Shaw (US 2016/0127172 A1) discloses Concepts and technologies are disclosed herein for device operational profiles. According to one aspect disclosed herein, a profile orchestration system can receive information from a user device. The information can identify a service to be provided by the user device using, at least in part, sensor data received from one or more sensor devices. The profile orchestration system can determine a device operational profile that is suitable for generating one or more settings that are useable by the sensor device(s) to collect the sensor data. The profile orchestration system can send the device operational profile to a profile provisioning system. The profile provisioning system can utilize the device operational profile to provision the sensor device(s) with the setting(s). The sensor device(s) can utilize the setting(s) to perform one or more operations in support of the user device providing the service {Figs.1-7}. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONGCHAU BA NGUYEN whose telephone number is (571) 272-3148. The examiner can normally be reached Monday-Thursday 7:30 AM -5:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RICKY NGO can be reached at 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHUONGCHAU BA NGUYEN/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Jul 31, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection — §102
Mar 27, 2026
Response Filed

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

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+9.3%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 749 resolved cases by this examiner. Grant probability derived from career allow rate.

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