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
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/DARRIN D DUNN/Patent Examiner, Art Unit 2117