Prosecution Insights
Last updated: August 15, 2026
Application No. 18/349,253

SYSTEMS AND METHODS FOR LOCATION CONTROL BASED ON AIR QUALITY METRICS

Non-Final OA §112
Filed
Jul 10, 2023
Examiner
DUNN, DARRIN D
Art Unit
2117
Tech Center
2100 — Computer Architecture & Software
Assignee
Plume Design Inc.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
689 granted / 916 resolved
+20.2% vs TC avg
Strong +24% interview lift
Without
With
+24.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
29 currently pending
Career history
948
Total Applications
across all art units

Statute-Specific Performance

§101
15.1%
-24.9% vs TC avg
§103
57.6%
+17.6% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 916 resolved cases

Office Action

§112
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 . Response to Arguments Applicant's arguments filed have been fully considered but they are not persuasive based upon the written description issue described below. The Examiner agrees the applied combination of prior art, under a presumption the instant amendment is supported, does not teach or suggest the inclusion of the instant amendment. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—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 or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 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 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 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 or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The instant claim language, the manipulation of the real-world and digital components comprising automatic control of an access point network device at the location for managing network traffic by prioritizing certain types of data transmissions based on the location-based recommendation. Applicant’s specification does not appear to support the automatic control of an access point network device at the location for managing network traffic by prioritizing certain types of data transmissions based on the location-based recommendation. The relevant sections of the specification appear directed to controlling location based recommendations as described in published para. 0072-75 e.g. “n Step 312, engine 200 can determine (or generate) a location-based recommendation(s) based on the characteristics related to the event (from Step 306) and the environment (from Step 310). According to some embodiments, engine 200 can compile the event information and environment information as input to an AI/ML model(s), as discussed above, whereby such recommendations can be output. For example, if the user is exercising in the garage and the temperature is above a threshold (e.g., about 75 degrees), then the recommendation can be to open the garage door at least a portion to enable air flow to occur at least a particular factor. [0073] In some embodiments, the location-based recommendation(s) can provide a set of instructions that can be implemented and/or executed so as to manipulate, control or manage a location and its components therein, as well as alert a user as to certain environment circumstances that currently exist in line with their activity. For example, a recommendation can include information related to, but not limited to, screen time limits, Internet traffic limits, television limits, preferred temperatures in the location, lighting instructions, recommendations for amount of blankets on the bed as per the user's ideal sleep temperature (against the indoor temperature and outside climate), and the like, or some combination thereof. For example, continuing the above example, instructions can be sent to alert the user to open the garage door and turn on a fan in the garage; and/or, the instructions can automatically engage the components of the location to turn the fan on and open the garage door automatically. [0074] In some embodiments, such recommendation can be compiled as a data structure and stored in database 108, in a similar manner as discussed.” While a particular recommendation could be considered a priority based recommendation as described above, the specification does not appear to provide or describe the steps in determining a respective priority in light of certain types of communications. But for this issue, the claims appear allowable over the applied prior art under the assumption there is support for the instant amendment. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20230421860 describes systems and methods for generating for display recommendations that are temporally relevant to activities of a user and are contextually relevant to a portion of a media asset that the user is consuming Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRIN D DUNN whose telephone number is (571)270-1645. The examiner can normally be reached M-Sat (10-8) PST. 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, Robert Fennema can be reached at 571-272-2748. 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. /DARRIN D DUNN/Patent Examiner, Art Unit 2117
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Prosecution Timeline

Jul 10, 2023
Application Filed
Oct 21, 2025
Non-Final Rejection mailed — §112
Jan 21, 2026
Response Filed
Mar 11, 2026
Final Rejection mailed — §112
Jun 10, 2026
Request for Continued Examination
Jun 14, 2026
Response after Non-Final Action
Jul 15, 2026
Non-Final Rejection mailed — §112 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+24.3%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 916 resolved cases by this examiner. Grant probability derived from career allowance rate.

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