DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDSs), submitted on 12 January 2024 and 05 August 2024, were filed after the mailing date of the patent application on 12 January 2024. 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, received on 12 January 2024, are acceptable for examination.
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.
Claims 1, 8, 16, 17, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US 20190087807 A1; hereinafter referred to as “Choi”).
Regarding Claim 1, Choi discloses a method for initializing a communication link between a field device and a control unit according to a communication protocol wherein the communication protocol defines a broadcasting message with a data area (¶122-133 & Fig. 5 & ¶30, Choi discloses a method for establishing a communication connection between a beacon payment apparatus and a user terminal according to a Bluetooth protocol where the Bluetooth protocol defines a beacon signal comprising an identifier corresponding to the beacon payment apparatus and information indicating a received signal strength identifier (RSSI)), the method comprising:
generating and transmitting a broadcasting message by the field device according to the communication protocol with a first datum in the data area (¶124 & Fig. 5 (S520) & ¶68 & ¶30, Choi discloses generating and transmitting a beacon by the beacon payment apparatus 120 to all other devices omnidirectionally according to the Bluetooth protocol where the beacon signal includes data indicating a Received Signal Strength Indicator (RSSI). Examiner correlates a beacon signal transmitted to other devices omnidirectionally to “a broadcasting message”. Examiner correlate the information of the beacon signal indicating the RSSI to “a first datum”) and
wherein the first datum determines whether a communication link is possible or not (¶124 & Fig. 5 (S520) & ¶67-68 & ¶30, Choi discloses that the RSSI determines whether the user terminal within the secured access range before establishing a connection);
receiving the broadcasting message by the control unit (¶124 & Fig. 5 (S520) & ¶68 & ¶30, Choi discloses receiving the beacon by the user terminal. Examiner correlates the user terminal to “the control unit”); and
then, when the first datum determines the possibility of the communication link, initializing the communication link by the control unit (¶126-127 & Fig. 5 (S540->S550) & ¶68 & ¶30, Choi discloses that, when the RSSI indicates a distance within a secured range, establishing a connection by the beacon payment apparatus).
Regarding Claim 8, Choi discloses the method according to claim 1.
Choi further discloses the communication link is established by the control unit and the field device after the initialization of the communication link (¶126-127 & Fig. 5 (S540->S550) & ¶68 & ¶30, Choi discloses that the connection is established by the user terminal and the beacon payment device after initializing the connection in response to the RSSI indicating a distance within a secured range) and is communicated according to the communication protocol (¶128 & Fig. 5 (S560) & ¶68 & ¶30, Choi discloses that the communication, after the connection is established by the user terminal and the beacon payment device, is according to the Bluetooth protocol).
Regarding Claim 16, Choi discloses the method according to claim 1.
Choi further discloses wherein an unauthorized authentication is attempted by the control unit at the field device (¶129 & Fig. 5 (S560->S570->S580) & ¶68 & ¶30, Choi discloses sending, by the user terminal, an authentication information where the authentication information does not match a preset format expected by the beacon payment apparatus. Examiner correlates receipt of authentication information not having the appropriate preset format as "unauthorized authentication"); and
wherein the authentication is rejected by the field device and an existing communication link between the control unit and the field device is disconnected (¶129 & Fig. 5 (S560->S570->S580) & ¶68 & ¶30, Choi discloses closing, by the beacon payment apparatus, the established communication channel between the user terminal the beacon payment apparatus).
Regarding Claim 17, Choi discloses the method according to claim 16.
Choi further discloses wherein the authentication is performed to extend rights on the field device or in connection with the communication link (¶129 & Fig. 5 (S560->S570->S580) & ¶68 & ¶30, Choi discloses not closing, by the beacon payment apparatus, the established communication channel between the user terminal the beacon payment apparatus. Here, the authentication is performed to extend the ability for future interaction with the beacon payment apparatus and future communication over the established communication channel).
Regarding Claim 18, Choi discloses the method of claim 16.
Choi further discloses wherein the authentication is performed with a PIN or a password (¶31, Choi discloses that the authentication is performed with authentication information comprising a unique identification (ID)).
Regarding Claim 19, Choi discloses the method according to claim 1.
Choi further discloses wherein the operating unit is a smartphone (¶29, Choi discloses that the user terminal is a smart phone).
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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Yu et al. (US 20210373831 A1; hereinafter referred to as “Yu”).
Regarding Claim 2, Choi discloses the method according to claim 1.
However, Choi does not disclose wherein the first datum is displayed by the control unit for a user of the control unit.
Yu, a prior art reference in the same field of endeavor, teaches wherein the first datum is displayed by the control unit for a user of the control unit (¶75 & Fig. 4 (408), Yu discloses that the relative distance from the wireless device is displayed by the display of the wireless device for a user of the wireless device).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Choi by requiring that the first datum is displayed by the control unit for a user of the control unit as taught by Yu because mobile printing is improved by enabling discovery of all of the available printers in proximity to the wireless communication device, regardless of each printer's network status or capabilities (Yu, ¶20).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Hariharan et al. (US 20220159747 A1; hereinafter referred to as “Hariharan”).
Regarding Claim 3, Choi discloses the method according to claim 1.
However, Choi does not disclose wherein a duration until the communication link is possible is determined by the field device as the first datum; and wherein the communication link is initialized by the control unit after the duration has elapsed.
Hariharan, a prior art reference in the same field of endeavor, teaches a duration until the communication link is possible is determined by the field device as the first datum (¶31-32 & Fig. 4 (418), Hariharan discloses that the advertising beacon identifies a page scan window and an advertising window which is a period of time from reception of the advertising beacon until the establishment of the baseband connection); and wherein the communication link is initialized by the control unit after the duration has elapsed (¶32 & Fig. 4 (418), Hariharan discloses that a baseband connection is established after the advertising window and the page scan window 414 has expired).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Choi by requiring that a duration until the communication link is possible is determined by the field device as the first datum and the communication link is initialized by the control unit after the duration has elapsed as taught by Hariharan because a user's experience with the network is improved by removing/mitigating delays with establishing the network (Hariharan, ¶1).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Anselm et al. (US 20210345085 A1; hereinafter referred to as “Anselm”).
Regarding Claim 4, Choi discloses the method according to claim 1.
However, Choi does not disclose wherein the first datum determines the possibility of the communication link and a second datum is generated by the field unit in the data area and the second datum determines a duration until the possibility of the communication link; and wherein the communication link is initialized by the control unit after the duration has expired.
Anselm, a prior art reference in the same field of endeavor, teaches wherein the first datum determines the possibility of the communication link (¶190 & Fig. 8A (804), Anselm discloses a discovery range where the discovery range determines whether the range between the control device and the mobile device such that both devices can discover each other and establish a link) and a second datum is generated by the field unit in the data area (¶204 & Fig. 8A (804), Anselm discloses a discovery period. Here, the device generates the discovery period by electing to send the beacon) and the second datum determines a duration until the possibility of the communication link (¶193-194, Anselm discloses that the discovery period is a duration of time until the control device receives a beacon message having a beacon range where the beacon range enables the possibility of communication between the control device and the mobile device); and
wherein the communication link is initialized by the control unit after the duration has expired (¶194 & Fig. 8A (816), Anselm discloses that the discovery period is a duration of time from reception of the beacon message until the expiration of the discovery period after having not performed a discovery).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Choi by requiring that the first datum determines the possibility of the communication link and a second datum is generated by the field unit in the data area and the second datum determines a duration until the possibility of the communication link; and wherein the communication link is initialized by the control unit after the duration has expired as taught by Yu because the accuracy of the count of the number of discovered control devices is improved by enabling the receiving device to set discovery range and discovery period (Anselm, ¶12-13).
Claims 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Hariharan in further view of Wu et al. (US 20210315031 A1; hereinafter referred to as “Wu”).
Regarding Claim 9, Choi in view of Hariharan discloses he method according to claim 3,
However, Choi in view of Hariharan does not disclose wherein an attempt to establish the communication link is unsuccessful and wherein the field device increases the duration by an amount.
Wu, a prior art reference in the same field of endeavor, teaches an attempt to establish the communication link is unsuccessful (¶97-98 & Fig. 6A (610->616), Wu discloses not receiving a valid connection request) and wherein the field device increases the duration by an amount (¶97-98 & Fig. 6A (610->616), Wu discloses increasing the advertising window in response to not receiving a valid connection request).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Choi in view of Hariharan by requiring that an attempt to establish the communication link is unsuccessful and that the field device increases the duration by an amount as taught by Wu because management of a communication link between two devices is improved by determine a duration of the advertising state and perform the changing operation when the duration of the advertising state exceeds a predetermined threshold (Wu, ¶6-10).
Regarding Claim 10, Choi in view of Hariharan in further view of Wu discloses the method of claim 9.
Wu, a prior art reference in the same field of endeavor, further teaches the duration is increased by the amount or by another amount for each unsuccessful attempt to establish the communication link in a time interval (¶97-98 & Fig. 6A (610->616), Wu discloses increasing the advertising window in response to each occurrence of not receiving a valid connection request).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Choi in view of Hariharan in further view of Wu by requiring that the duration is increased by the amount or by another amount for each unsuccessful attempt to establish the communication link in a time interval as taught by Wu because management of a communication link between two devices is improved by determine a duration of the advertising state and perform the changing operation when the duration of the advertising state exceeds a predetermined threshold (Wu, ¶6-10).
Regarding Claim 11, Choi in view of Hariharan in further view of Wu discloses the method according to claim 9.
Choi further discloses the field device and the control unit communicate with each other via radio over the communication link according to the communication protocol (¶30, Choi discloses communication between a user terminal and a beacon payment device via radio according to a Bluetooth communication protocol).
Regarding Claim 12, Choi in view of Hariharan in further view of Wu discloses the method according to claim 9.
Choi further discloses the communication protocol is a Bluetooth standard (¶30, Choi discloses communication between a user terminal and a beacon payment device via radio according to a Bluetooth communication protocol)..
Regarding Claim 13, Choi in view of Hariharan in further view of Wu discloses the method according to claim 12.
Choi further discloses wherein the broadcasting message is an advertising message (¶29, Choi discloses that the user terminal is a smart phone).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Griesser et al. (US 20200170053 A1; hereinafter referred to as “Griesser”).
Regarding Claim 20, Choi discloses the method according to claim 1.
However, Choi does not disclose wherein the field device is a flowmeter, or a level measuring device, or a level switch, or a temperature measuring device or a pressure measuring device.
Griesser, a prior art reference in the same field of endeavor, teaches wherein the field device is a flowmeter, or a level measuring device, or a level switch, or a temperature measuring device or a pressure measuring device (¶37, Griesser discloses that the sensor can be a flow sensor, fill level sensor, or a pressure sensor).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Choi by requiring that the field device is a flowmeter, or a level measuring device, or a level switch, or a temperature measuring device or a pressure measuring device as taught by Wu because the time spent identifying a device in an application is reduced by reducing the necessary information of the correct field device (Griesser, ¶7-11).
Allowable Subject Matter
Claims 5-7 and 14-15 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.
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC NOWLIN whose telephone number is (313)446-6544. The examiner can normally be reached M-F 12:00PM-10:00PM.
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/ERIC NOWLIN/Examiner, Art Unit 2474