DETAILED ACTION
Claims 1, 8-10, 13-14, 21, 23-35 are presented for examination, of which, claims 15-20 are withdrawn from further consideration pursuant to 35 CFR 1.142(b) as being drawn to a nonelected election. Election was made without traverse.
The present application is being examined under the AIA (America Invents Act) First Inventor to File.
This Office Action is Non-Final.
This action is responsive to the following communication: the response filed on 03-12-2026.
Claim Rejections - 35 USC § 112
The following is a quotation 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 35 U.S.C. 112 (pre-AIA ), first paragraph:
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 32-35 and 29-31 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.
Claim 32 recites the following:
32. (New) A method for configuring an extension module for function extension of a network assembly to provide at least one additional function of a lighting device connected to the network assembly, the method comprising:
searching for the extension module connected to a base module of the network assembly;
enabling the extension module to participate in communication with the base module via a communication bus or intra-luminaire bus (ILB) of the network assembly; and
enabling the extension module to participate in control through the network assembly of a light output of the lighting device, wherein in said control, the extension module is enabled to participate in communication within the network assembly of:
a first signal comprising data pertaining to a detected value of at least one current electrical parameter of the lighting device which has been detected by the extension module; and
a second signal received from at least one of a light management system (LMS) of the network assembly which is external to the lighting device and a sensor of the network assembly which is external to the lighting device, the second signal comprising data pertaining to a targeted adjustment of the at least one current electrical parameter of the lighting device based on the detected value.
MPEP § 2151.01 states, in part that “to satisfy the written description, the specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor has possession of the claimed invention at the time of the filling”.
Claim 32 above was newly added by Applicant in response to the outstanding Office Action. Reviewing the claim, the Office respectfully submits that the specification fails to disclose teaching that include (1) “a first signal comprising data pertaining to a detected value of at least one current electrical parameter” and (ii) “the second signal comprising data pertaining to a targeted adjustment of the at least one current electrical parameter”. Indeed, a key word search of Applicant’s specification for the terms first signal, second signal and targeted adjustment yields no results.
Therefore, in view of above findings and Applicant’s lack of remarks on where and how the specification supports the newly added subject matter. Because the newly added claim lacks explicit support in the original disclosure, the specification does not sufficiently demonstrate that the applicant possessed the claimed subject matter. Courts have long held that “the vast majority of written description problems arise when the patentee amends or adds claims with limitations not found in the original claim set and using language that does not directly map to specification disclosure” . In Re Cisco Systems v. Cirrex (Fed. Cir. 2017)
Dependent claims 33-35 are based on already rejected independent claims and are rejected for their dependency because said claims do not cure the deficiencies presented in the independent claims.
As per claim 29, while ¶ [0017] of the specification discloses teachings directed to a system-internal communication protocol where unauthorized access is difficult, that teaching is not the same as the claimed expression directed to authorizing the extension module to participate in communication, via a system-internal communication protocol as currently claimed.
As per claims 30 and 31, the specification does not disclose language directed to wherein enabling the extension module to participate in communication ensures that, without such enabling, the extension module is prevented from participating in communication with at least one of: the base module; and one or more other extension modules communicatively connected to the communication bus or ILB.
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.
Claim(s) 1, 9-10, 13-14, 21, 23-28 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2019/0173748 (hereinafter, “Gorka”) and further view of U.S. Publication No. 2017/0231065 (hereinafter, “Herter”).
As per claim 1, Groka discloses a method for configuring an extension module for function extension of a network assembly, to provide at least one additional function of an electrical load, (communication and control commands; ¶ [0045]) the method comprising:
searching for the extension module connected to a base module of the network assembly; (inter alia: Fig. 1 discloses an assembly of network devices. Further, abstract states “a system that includes a base module and a first and a second expansion module, wherein the first and the second expansion modules are electrically, detachably connected to the base module and each have one or more electrical peripheral interfaces. The method includes the execution of an initialization routine by the system. The initialization routine includes the querying of the first and the second expansion modules with regard to description data that include characteristics of the electrical peripheral interfaces and an identifier of the first and the second expansion modules”.
enabling the extension module to participate in communication with the base module via a communication bus or intra-luminaire bus (ILB) of the network assembly; and (¶ [005] states “The execution of the automatic initialization routine includes a querying of a first and a second expansion module (by a base module of the system)” and “(¶ [0054] is directed to querying expansion module 16b for information about the radio standard, for example, “ZigBee, Z-Wave, Bluetooth, WLAN, etc., as well as information about the devices that can be reached through radio”. Alternatively, ¶ [0057] where the third extension module is queries whether for information on communication standard, for example, “KNX, BACnet, MODBUS, LonWorks, Dali, MP-Bus, IO-Link)”)
enabling the extension module to control the electrical load through the network assembly, (inter alia: ¶ [004] states that “The expansion modules 16a-16c arranged in a row shown in FIG. 1 each have one or more peripheral interfaces” and ¶ [0045] discloses a control unit 38 that is intended to receive status information via the expansion modules and “to control current and/or voltage levels that are applied to one or more of the peripheral interfaces”)
wherein said control is based on a detected value (¶ [0045] states “on the basis of received control information” that is described as “as a function of a measured value of the first sensor 32 ¶[0045] and “function of the status information about the signals from the second sensor 34” ¶ [0063]) of at least one current electrical parameter of the electrical load such that a current operating state of the electrical load is taken into account when controlling the electrical load. ((¶ [0045] states “on the basis of received control information” that is described as “as a function of a measured value of the first sensor 32 ¶[0045] and “function of the status information about the signals from the second sensor 34” ¶ [0063]) and ¶ [004] states that “The expansion modules 16a-16c arranged in a row shown in FIG. 1 each have one or more peripheral interfaces” and ¶ [0045] discloses a control unit 38 that is intended to receive status information via the expansion modules and “to control current and/or voltage levels that are applied to one or more of the peripheral interfaces”)
Gorka does not distinctly disclose where the detected value is more narrowly interpreted as voltage/current value.
However, Herter discloses that. In particular Herter discloses the following:
enabling the extension module to control the electrical load through the network assembly, ((FIG. 2 illustrates a lighting system having at least one operating device for operating lighting means (light sources), and having a control device transmits control commands to the operating device. These commands are transmitted using wireless technology through IPv6 protocol. ¶s [0039][0040]. )
wherein said control is based on a detected value of at least one current electrical parameter of the electrical load such that a current operating state of the electrical load is taken into account when controlling the electrical load. (According to ¶ [0047] the lighting system is designed to detect “current supplied” and the voltage, “which can be measured”, thus allowing the control device to “discern the activity of the operating device”, By way of example, ¶ [050] states that “the control device 10 detects that all of the operating devices 1 and/or actuator control devices 11 have been switched off, a supply voltage for supplying the bus line 21 can at least be temporarily shut off. A type of sleep mode can also be set, in which provision of a supply voltage for supplying the bus line 21 is at least interrupted for longer periods of time, wherein, the provision of a supply voltage for supplying the bus line 21 is briefly activated at regular intervals, e.g. at spacings of a few minutes. In these phases of the brief activation of the provision of a supply voltage for supplying the bus line 21, the control device 10 can query the operating devices 1 for lighting means and/or actuator control devices 11 connected thereto, whether a change has occurred, and whether a long-term activation, for example, through switching the lighting means back on, is necessary”. Alternatively, ¶ [0051] states “the control device 10 can also be designed to disengage the operating devices 1 from the network when it has been detected that all of the operating devices 1 connected to the bus line 21 have been switched off, e.g. based on a monitoring of the control commands.”)
It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Gorka and Herter because both references are in the same field of endeavor. Herter’s teaching of measuring voltage and current levels associated with lighting devices would enhance Gorka 's system by controlling the power based on the received measurement, thus enhancing power management for the lighting system.
As per claim 9, Gorka as modified discloses a method wherein in searching for the extension module connected to the base module of the network assembly, the extension module is so connected via the communication bus or ILB. (Gorka: ¶ [0054] is directed to querying expansion module 16b for information about the radio standard, for example, “ZigBee, Z-Wave, Bluetooth, WLAN, etc., as well as information about the devices that can be reached through radio”. Alternatively, ¶ [0057] where the third extension module is queries whether for information on communication standard, for example, “KNX, BACnet, MODBUS, LonWorks, Dali, MP-Bus, IO-Link)” )
As per claim 10, Gorka as modified discloses a method wherein in enabling the extension module to participate in communication with the base module via the communication bus or ILB of the network assembly, the extension module is enabled to participate in communication with a logic unit (Gorka: The base module 14 includes a central processing unit 20, ) of the base module. (Gorka: ¶ [0054] is directed to querying expansion module 16b for information about the radio standard, for example, “ZigBee, Z-Wave, Bluetooth, WLAN, etc., as well as information about the devices that can be reached through radio”. Alternatively, ¶ [0057] where the third extension module is queries whether for information on communication standard, for example, “KNX, BACnet, MODBUS, LonWorks, Dali, MP-Bus, IO-Link)” )
As per claim 13, Gorka as modified discloses a method wherein the extension module comprises: a power section configured for integrating the extension module into a power supply circuit of the electrical load; and a control section with a control unit configured for controlling the power section. (Gorka: For example, it can be determined that the signals from the first sensor 32 should be sent to the actuator unit 30 and that status information about the signals from the second sensor 34 and about a switching state of the first switch 28a should be sent to the control unit 38. Furthermore, it can be determined that the switching state of the second switch 28b should be controlled by the control unit 38, for example as a function of the status information about the signals from the second sensor 34.; ¶ [0063]) & (Herter; OFF/ON power supply ; ¶ [002], [0047] )
As per claim 14, Gorka as modified discloses a method wherein the extension module further comprises a measuring device configured for detecting the at least one current electrical parameter of the electrical load. (Gorka: ¶ [0016], [0026], measured value of the first sensor 32 [0045] or by way of another example, “ characteristics can include information about the fact that a first expansion module has a specific number of analog peripheral interfaces, and a second expansion module has a specific number of digital peripheral interfaces. In addition, the characteristics can include information about addressing of the peripheral interfaces. Moreover, the characteristics can include information about the fact that, e.g., a third expansion module has a peripheral interface through which data can be exchanged with electrical devices that are attached to a data cable connected to the peripheral interface; ¶ [0011]) & (Herter; voltage/current measurement” ¶[0047])) & (Herter; voltage/current measurement ¶[0047])
As per claim 21, Gorka as modified discloses a method wherein the extension module is a light-emitting diode (LED) driver. (Herter discloses “The operating device has a drive circuit for operating the lighting means” ¶ [0017] associated with LED ¶ [0022])
As per claim 23, Gorka as modified discloses a method wherein control of the electrical load through the network assembly is based on at least one of: performance data pertaining to the electrical load; and diagnostic data pertaining to the electrical load. (Gorka: ¶ [0016], [0026], measured value of the first sensor 32 [0045] or by way of another example, “ characteristics can include information about the fact that a first expansion module has a specific number of analog peripheral interfaces, and a second expansion module has a specific number of digital peripheral interfaces. In addition, the characteristics can include information about addressing of the peripheral interfaces. Moreover, the characteristics can include information about the fact that, e.g., a third expansion module has a peripheral interface through which data can be exchanged with electrical devices that are attached to a data cable connected to the peripheral interface; ¶ [0011]) & (Herter; voltage/current measurement” ¶[0047])) & (Herter; voltage/current measurement ¶[0047])
As per claim 24, Gorka as modified discloses a method further comprising: detecting the at least one current electrical parameter of the electrical load. (Gorka: ¶ [0016], [0026], measured value of the first sensor 32 [0045] or by way of another example, “ characteristics can include information about the fact that a first expansion module has a specific number of analog peripheral interfaces, and a second expansion module has a specific number of digital peripheral interfaces. In addition, the characteristics can include information about addressing of the peripheral interfaces. Moreover, the characteristics can include information about the fact that, e.g., a third expansion module has a peripheral interface through which data can be exchanged with electrical devices that are attached to a data cable connected to the peripheral interface; ¶ [0011]) & (Herter; voltage/current measurement” ¶[0047])
As per claim 25, Gorka as modified discloses a method further comprising: transmitting the at least one current electrical parameter from the network assembly to a lighting management system (LMS). (Gorka: controlling of current and/or voltage levels that are applied to one or more of the peripheral interfaces on the basis of the control information; ¶ [0016]) & (Herter: operating devices for many types of lighting sources. It is possible to use different types of lighting means, and in particular, gas discharge lamps, halogen lamps, or inorganic or organic light emitting diodes ¶ [0022] and “command can be a control voltage, for example, that can be modulated in terms of the amplitude” ¶ [004])
As per claim 26, Gorka as modified discloses a method wherein the LMS is configured to participate in the control of the electrical load by the extension module. (Gorka: controlling of current and/or voltage levels that are applied to one or more of the peripheral interfaces on the basis of the control information; ¶ [0016]) & (Herter: operating devices for many types of lighting sources. It is possible to use different types of lighting means, and in particular, gas discharge lamps, halogen lamps, or inorganic or organic light emitting diodes ¶ [0022] and “command can be a control voltage, for example, that can be modulated in terms of the amplitude” ¶ [004])
As per claim 27, Gorka as modified discloses a further comprising: automatically initializing a network setup for a lighting management system (LMS) communicatively coupled with the network assembly. (Gorka: an automatic initialization routine in an automation system; ¶ [002] and (Gorka: controlling of current and/or voltage levels that are applied to one or more of the peripheral interfaces on the basis of the control information; ¶ [0016]) & (Herter: operating devices for many types of lighting sources. It is possible to use different types of lighting means, and in particular, gas discharge lamps, halogen lamps, or inorganic or organic light emitting diodes ¶ [0022] and “command can be a control voltage, for example, that can be modulated in terms of the amplitude” ¶ [004])
As per claim 28, Gorka as modified discloses a method, wherein the extension module is a communication module and the method further comprises: initializing and configuring the communication module for participation in a lighting management system (LMS) communicatively coupled with the network assembly. (Gorka: an automatic initialization routine in an automation system; ¶ [002] and (Gorka: controlling of current and/or voltage levels that are applied to one or more of the peripheral interfaces on the basis of the control information; ¶ [0016]) & (Herter: operating devices for many types of lighting sources. It is possible to use different types of lighting means, and in particular, gas discharge lamps, halogen lamps, or inorganic or organic light emitting diodes ¶ [0022] and “command can be a control voltage, for example, that can be modulated in terms of the amplitude” ¶ [004])
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2019/0173748 (hereinafter, “Gorka”) and further view of U.S. Publication No. 2017/0231065 (hereinafter, “Herter”) and further view of U.S. Publication No. 2019/0320518 (hereinafter, “Feil”).
As per claim 8, Gorka as modified discloses a method, further comprising querying whether the extension module found is configured as a communication module, (Gorka: “(¶ [0054] is directed to querying expansion module 16b for information about the radio standard, for example, “ZigBee, Z-Wave, Bluetooth, WLAN, etc., as well as information about the devices that can be reached through radio”. Alternatively, ¶ [0057] where the third extension module is queries whether for information on communication standard, for example, “KNX, BACnet, MODBUS, LonWorks, Dali, MP-Bus, IO-Link)” wherein:
when the querying shows that the extension module found is configured as a communication module, the method further comprises: (Gorak: (¶ [0054] is directed to querying expansion module 16b for information about the radio standard, for example, “ZigBee, Z-Wave, Bluetooth, WLAN, etc., as well as information about the devices that can be reached through radio”. Alternatively, ¶ [0057] where the third extension module is queries whether for information on communication standard, for example, “KNX, BACnet, MODBUS, LonWorks, Dali, MP-Bus, IO-Link)” )
designating the extension module to represent a functional device already present in the network assembly in a lighting management system (LMS); (Gorka: ¶ [0054] is directed to querying expansion module 16b for information about the radio standard, for example, “ZigBee, Z-Wave, Bluetooth, WLAN, etc., as well as information about the devices that can be reached through radio”. Alternatively, ¶ [0057] where the third extension module is queries whether for information on communication standard, for example, “KNX, BACnet, MODBUS, LonWorks, Dali, MP-Bus, IO-Link)” ) & (Field: abstract states “illumination system having a plurality of illumination devices which are controlled by means of a particular computer” )
notifying the extension module of a type of functional device to be represented; (Gorka: ¶ [0019] states that “method can additionally include a check whether one of the queried expansion modules has a peripheral interface that is intended to send and to receive data packets through a data line connected to the peripheral interface and, if one of the queried expansion modules does have such a peripheral interface, the querying of the peripheral interface with regard to devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface. Information about the devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface can then be stored in the data structure and transmitted to the configuration device.” ), (¶s [0061]-[0062] )
sending, to the extension module of the functional device necessary for participation in the LMS (Gorka: initializing a system that includes a base module and a first and a second expansion module; abstract)
activating the extension module for participation in the LMS; and (Gorka: communicating by providing mac addresses; ¶s [0061]-[0062] )
when the querying shows that the extension module found is not configured as a communication module, the method further comprises: recognizing the extension module as a functional device; and (Gorka: Fig 2 illustrates the first expansion module 16a that does not include a radio communication device. However, the expansion module 16a is recognized based on the queried “data structure”; ¶s [0049-0051], [0064] ,current and/or voltage level [0016])
initializing the functional device. (Gorka: initializing a system that includes a base module and a first and a second expansion module; abstract)
Gorka as modified does not distinctly discloses the following:
sending, factory settings of the functional device necessary for participation; and (Feil discloses the concept where the system may perform installation of “firmware updates”. These updates may be directed to “presettable” functionality during the installation or change of the computer program from a manufacturer. ¶s [0070]-[0071].) & (Gorka: mac addresses for communicating; ¶s [0061]-[0062] )
However, Feil explicitly discloses sending factory settings of the functional device necessary for participation. (Feil discloses the concept where the system may perform installation of “firmware updates”. These updates may be directed to “presettable” functionality during the installation or change of the computer program from a manufacturer. ¶s [0070]-[0071].)
It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Gorka as modified and Feil because all references are in the same field of endeavor. Feil’s teaching of sending firmware updates would enhance Gorka's as modified system by allowing the system to get the most updated firmware updates, thus enhancing operability of the computer device.
As per claim 29, Groka as modified discloses a method wherein enabling the extension module to participate in communication via the communication bus or ILB comprises: authorizing the extension module to participate in communication, via a system-internal communication protocol, with at least one of:the base module; andone or more other extension modules communicatively connected to the communication bus or ILB. (Feil: or this purpose, it can further be provided that the transmitting device or the beacon is formed for accepting a corresponding authorization, for example in that a SIMM card or the like can be arranged, in particular connected, in the transmitting device or the beacon; ¶ [0080] & (Gorka: ¶ [0019] states that “method can additionally include a check whether one of the queried expansion modules has a peripheral interface that is intended to send and to receive data packets through a data line connected to the peripheral interface and, if one of the queried expansion modules does have such a peripheral interface, the querying of the peripheral interface with regard to devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface. Information about the devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface can then be stored in the data structure and transmitted to the configuration device.” ), (¶s [0061]-[0062] )
It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Gorka as modified and Feil because all references are in the same field of endeavor. Feil’s teaching of enabling a security feature would enhance Gorka's as modified system by preventing any unauthored person accessing the system, thus enhancing security of the computer device.
As per claim 30, Groka as modified discloses a method wherein enabling the extension module to participate in communication via the communication bus or ILB ensures that, without such enabling, the extension module is prevented from participating in communication with at least one of:the base module; and one or more other extension modules communicatively connected to the communication bus or ILB. (Feil: or this purpose, it can further be provided that the transmitting device or the beacon is formed for accepting a corresponding authorization, for example in that a SIMM card or the like can be arranged, in particular connected, in the transmitting device or the beacon; ¶ [0080] & (Gorka: ¶ [0019] states that “method can additionally include a check whether one of the queried expansion modules has a peripheral interface that is intended to send and to receive data packets through a data line connected to the peripheral interface and, if one of the queried expansion modules does have such a peripheral interface, the querying of the peripheral interface with regard to devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface. Information about the devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface can then be stored in the data structure and transmitted to the configuration device.” ), (¶s [0061]-[0062] )
It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Gorka as modified and Feil because all references are in the same field of endeavor. Feil’s teaching of enabling a security feature would enhance Gorka's as modified system by preventing any unauthored person accessing the system, thus enhancing security of the computer device.
As per claim 29, Groka as modified discloses a method wherein enabling the extension module to participate in communication via the communication bus or ILB ensures that, without such enabling, the extension module is unauthorized to communicate, via the communication bus or ILB, with the base module and any other extension module communicatively connected to the communication bus or ILB. (Feil: or this purpose, it can further be provided that the transmitting device or the beacon is formed for accepting a corresponding authorization, for example in that a SIMM card or the like can be arranged, in particular connected, in the transmitting device or the beacon; ¶ [0080] & (Gorka: ¶ [0019] states that “method can additionally include a check whether one of the queried expansion modules has a peripheral interface that is intended to send and to receive data packets through a data line connected to the peripheral interface and, if one of the queried expansion modules does have such a peripheral interface, the querying of the peripheral interface with regard to devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface. Information about the devices with which data can be exchanged by means of the sending and/or receiving of data packets through the peripheral interface can then be stored in the data structure and transmitted to the configuration device.” ), (¶s [0061]-[0062] )
It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Gorka as modified and Feil because all references are in the same field of endeavor. Feil’s teaching of enabling a security feature would enhance Gorka's as modified system by preventing any unauthored person accessing the system, thus enhancing security of the computer device.
Allowable Subject Matter under 35 U.S.C. § 102/103
Claims 32-35 allowed.
Remarks
Applicant's arguments filed on March 12, 2026 have been fully considered but they are not persuasive to the extent that is applicable to the claims.
I. Rejections under 35 U.S.C. §103
Independent Claim 1
Claims 1, 8-10, 13-14, 21-28 were rejected during the outstanding Non-Final rejection under 35 U.S.C. § 103 over U.S. Publication No. 2019/0173748 (hereinafter, “Gorka”) in view of U.S. Publication No. 2017/0231065 (hereinafter "Herter”).
During examination of patent application, claims are given their broadest reasonable interpretation under the BRI standard. Furthermore, under the BRI, words of the claim must be given their plain meaning. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim are not read into the claim. In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969)” (MPEP p 2100-8, c 2, I 45-48; p 2100-9, c 1, l 1-4).
As per claim 1, Applicants assert that the cited prior art allegedly fails to disclose at least “enabling the extension module to participate in the communication with the base module via a communications bus or inter-luminaire bus (ILB) of the network assembly ” . In particular, Applicant remarks that Gorka’s extension modules are “by design and by default enabled to communicate via a local bus 2014”.
As an initial matter, the Office agrees with Applicant that Gorka does disclose a process where the extension modules are enabled to communicate with bus communication unit 24. Because of that, clearly Gorka discloses the broad claimed expression as recited in claim 1. Therefore, under the broadest reasonable interpretation (BRI) standard, Applicant provides no rationale why would claim 1 exclude teachings that may be directed to extension modules that are by design and default enabled to communicate with the local bus 24. In fact, Gorka’s specification clearly fails to describe that the enabling of communication between the extension modules and communication bus is somehow by “design” and “default”. Indeed, a key word search for these terms yield no result.
Contrary to what is being alleged, Gorka explicitly discloses an invention where the extension modules are experiencing an “initialization routine” and to a person having ordinary skill in the art, it would be apparent that during that initialization period , the communication connection is yet to be established until the initialization is fully complete.
For at least the above reasons, the rejection is believed to be proper and thus maintained.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUREL PRIFTI whose telephone number is (571)270-1743. The examiner can normally be reached on M-F 8 a.m.- 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew J. Jung can be reached on 571-270-3779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUREL PRIFTI/Primary Examiner, Art Unit 2175
Aurel Prifti
Primary Examiner
Art Unit 2175
Tel. (571) 270-1743
Fax (571) 270-2743
aurel.prifti@uspto.gov