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 .
This is in response to communications filed on 8/12/26.
Claims 1-20 are pending.
Claim Objections
Claims 7-13 and 18-20 are objected to because of the following informalities:
Claim 7 recites “a licensing server” which should be changed to –the licensing server—because claim 1 recites “a licensing server.”
Claim 18 recites “the device” in line 14, which lacks antecedent basis.
Claim 19 recites “a cut off signal”, which should be changed to –the cut off signal—because claim 18 recites “a cut off signal.”
Claims 8-13 depend on claim 7 and claim 20 depends on claims 18-19. Thus, they incorporate the informalities of the parent claims.
Appropriate correction is required.
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 14-17 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 14 recites the limitations “A device comprising a power management logic configured to receive a signed utilization signal, transmit the signed utilization to the licensing server upon detecting a change in a topology of a network in which the device is connected; inform the licensing server if …wherein the power consumption threshold is dynamically modified … based on telemetry data received from the device and receive a cut off signal…” According to Fig 2, Fig 4, [0061]-[0063], licensing server generates licenses, transmits license authorization signal, generates/transmits the synchronization response signal and receives the signed utilization signal, whereas the device receives the license authorization signal from the license server, transmits signed utilization signal to the licensing server. Claim 14 recites a device that generates licenses, transmits license authorization signal, generates the synchronization response signal and receives the signed utilization signal – appeared to be a license server (210 shown in Fig 2). Claim 14 further recites the device transmits signed utilization signal to the licensing server, inform the licensing server and receive a cut off signal – appeared to be device 220 in Fig 2 and Fig 7. However, specification does not support one single device receiving the signed utilization signal and transmitting the signed utilization signal. That is, specification clearly shows licensing server and the device as two distinct devices, where device receives license authorization signals from the licensing server. See Fig 2. Is the device of claim 14 correspond to 220 in Fig 2 (that is, the device receiving the license authorization signal)? Or, correspond to 210 in Fig 2 (i.e., license server)? If it corresponds to 220, specification does not provide any support that 220 is configured to receive the signed utilization signal, generate synchronization response signal, transmits license authorization signal, telemetry data received from device as required by claim 14. If it corresponds to 210, then the device is not configured to transmit the signed utilization signal, generate synchronization response signal, inform the licensing server if the user devices consume power in excess of a power consumption threshold and receive a cut off signal as required by claim 14. Claim 14 further recites “telemetry data received from the device.” According to specification [0057], devices 140 sends the telemetry data, but device 140 does not appear to generate the power utilization licenses. According to the claim, the same device generates power utilization license and sends telemetry data. However, specification does not disclose the same device generating power utilization license and sending telemetry data. Therefore, claim 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(s) had possession of the claimed invention.
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) 1-2, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haebler et al (US Patent Application Publication 2017/0063126), and further in view of Wyatt (US Patent Application Publication 2014/0125125), further in view of Jing (US Patent 9526061).
For claim 1, Haebler et al teach the following limitations: A device (105 in Fig 1 including 110 and 115), comprising: a processor; a memory communicatively coupled to the processor (Fig 2; [0029]); and a power transmission logic (115 in Fig 1), configured to: receive a license authorization signal ([0049] – master power controller 125 determines whether to authorize the device; [0027] mentions that 125 and 115 communicates via wired connection 101; thus the signal is received from 125; [0056] master power controller 125 manages power controller 115 and 115 is assigned to threshold power; thus 115 receives signal authorizing license to use a particular power) indicative of one or more power utilization licenses generated by a licensing server (125 is the licensing server; [0049][0056][0057] – 125 assigns a particular power authorization license to 115); transmit power to one or more user devices associated with the one or more power utilization licenses (115 transmit power to 110; [0057]- 115 provide device 110; device 110 is associated with 115 – Fig 1[0025]); monitor a power consumption of the one or more user devices (step 505 of Fig 5; [0060][0061] – determines the amount of power the device consumes) in response to receiving the license authorization signal (Fig 5 is in response to step 410 of Fig 4); and generate a signed utilization signal indicative of the power consumption of the one or more user devices ([0060][0061][0063] and [0065]; the utilization signal including power consumption for the device is generated periodically and is sent to master power controller 125 periodically, i.e., signed with a time period), transmit the signed utilization signal to the licensing server (125 is the licensing server and the utilization signal is transmitted to the 125 [0061]; [0060] – 115 determines the device power consumption; thus 115 determines the power consumption and sent to 125) upon detecting a change in a topology of a network in which the device is connected (110 is connected in 105 as shown in Fig 1, which includes devices 110 [0024]; 115 is connected to multiple devices to provide power [0051]; billing includes the power consumption of various devices [0065] - this requires plugging the device as mentioned in [0063]; thus the change in topology is detected by the power access controller 115; “upon detecting” is interpreted as “after detecting” – 115 send the utilization signal of the device 110 to master controller 135 after detecting another device being inserted/deleted); inform the licensing server if the one or more user devices consume power in excess of a power consumption threshold (step 525 and step 530 of Fig 5; [0067]-[0069] – determines whether power consumption threshold exceeded; [0059] mention that Fig 5 is performed by master power controller 125 and other devices – thus, the licensing server 125 is informed) and receive a cut off signal indicative of terminating the power transmission to the user devices (step 535 of Fig 5; step 425 of Fig 4; [0071] – receive shut off instruction by power access controller from master power controller 125), wherein the cut off signal is provided to the device by the licensing server ([0071] [0051]) if the power utilization licenses are expired, suspended, or terminated (authorization is based on location and power is shut off when user left home; thus power utilization is suspended or terminated if location is changed [0051][0071]).
For the limitations “signed utilization signal”, Haebler et al mention that the utilization is accompanied (i.e., signed) with other information –time period ([0061]), but do not explicitly mention “signed”. For further clarification, Examiner mentioned Wyatt that teaches signed utilization signal ([0093][0083]-[0086] – ECC data packets include power data and is signed by key/certificate).
It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to have a signed utilization signal in the system of Haebler et al by the signature service as taught in Wyatt ([0083]), since this increases security in the system. Haebler teaches displaying the information on the user display ([0065], emailing bill to the user ([0064]). This information can further be protected with signature technology.
For the limitations “transmit the signed utilization signal … upon detecting a change in topology”, Haebler teaches detecting the change of topology as described above ([0051][0063][0065] – any device can be plugged anytime). Haebler further teaches transmitting the signed utilization signal after detecting the topology change ([0061[0065]). These teachings should be sufficient for the limitations. However, for further clarification, Examiner cites Jing et al that teaches transmit the signed signal to a server upon detecting a change in topology of a network in which the device is connected (the topology change is detected and the topology is sent to the display node periodically line 27-40 of col 7; lines 1-8 of col 8; lines 18-32 of col 10).
It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to combine the teachings of Haebler, Wyatt and Jing so that the topology detection message is sent with the power consumption updates mentioned in [0061] of Haebler. In Haebler, the topology of the devices is changed by plugging/unplugging devices and the devices are tracked by the power controller ([0063][0065]). Jing teaches sending the topology change message periodically (lines 1-8 of col 8), which can be implemented in Haebler in view of Wyatt. That way, the master power controller is aware of the connectivity issues and power consumption scenario is the system. This facilitates detection of abnormal power fault scenario.
For claim 2, Haebler teaches wherein the one or more user devices are connected to one or more ports of the device (Fig 1; 103 connects 115 and 110, [0025]).
For claim 18, Haebler et al teach the following limitations: A method, comprising: receiving a license authorization signal indicative of one or more power utilization licenses ([0049] – master power controller 125 determines whether to authorize the device; [0027] mentions that 125 and 115 communicates via wired connection 101; thus the signal is received from 125; [0056] master power controller 125 manages power controller 115 and 115 is assigned to threshold power; thus 115 receives signal authorizing license to use a particular power), wherein the one or more power utilization licenses are generated using a licensing server (120 is the licensing server; [0049][0056][0057] – 125 assigns a particular power authorization license to 105); transmitting power to one or more user devices associated with the one or more power utilization licenses (115 transmit power to 110; [0057]- 115 provide device 110; device 110 is associated with 115 – Fig 1[0025]); monitoring a power consumption of the one or more user devices (step 505 of Fig 5; [0060][0061] – determines the amount of power the device consumes); transmitting a signed utilization signal indicative of the power consumption of the one or more user devices (step 515 and step 520 of Fig 5; [0063]-[0066] – bill for consumption by electronic communications, display device’s power consumption; “billing period” mentioned in [0063] and [0065]; thus the utilization signal is signed with a time period; also signed with category and manufacture as mentioned in [0065]); receiving a synchronization response signal (Fig 5 shows either step 535 is reached or loop back to 505; [0071] mention that location can be tracked [0070] mention that peak power is exceeded or power consumption exceeded expected consumption; the response can be denying step 535 or continuing in step 505);
and transmitting power to the one or more user devices based on the synchronization response signal (step 535 of Fig 5 denying access based on response or looping 505 (i.e., continue providing power) based on response); transmitting the signed utilization signal to the licensing server (125 is the licensing server and the utilization signal is transmitted to the 125 [0061]; [0060] – 115 determines the device power consumption; thus 115 determines the power consumption and sent to 125) upon detecting a change in a topology of a network in which the device is connected (110 is connected in 105 as shown in Fig 1, which includes devices 110 [0024]; 115 is connected to multiple devices to provide power [0051]; billing includes the power consumption of various devices [0065] - this requires plugging the device as mentioned in [0063]; thus the change in topology is detected by the power access controller 115; “upon detecting” is interpreted as “after detecting” – 115 send the utilization signal of the device 110 to master controller 135 after detecting another device being inserted/deleted) inform the licensing server if the one or more user devices consume power in excess of a power consumption threshold (step 525 and step 530 of Fig 5; [0067]-[0069] – determines whether power consumption threshold exceeded; [0059] mention that Fig 5 is performed by master power controller 125 and other devices – thus, the licensing server 125 is informed; [0070]); and receive a cut off signal indicative of terminating the power transmission to the user devices (step 535 of Fig 5; step 425 of Fig 4; [0071] – receive shut off instruction by power access controller from master power controller 125; user may send the signal to master controller), wherein the cut off signal is provided to the device by the licensing server (authorization is based on location/threshold and power is shut off when user left home or power threshold is crossed; thus power utilization is suspended or terminated if location is changed [0051][0070][0071]).
For the limitations “signed utilization signal”, Haebler et al mention that the utilization is accompanied (i.e., signed) with other information – category, time period and manufacture ([0065]), but do not explicitly mention “signed”. For further clarification, Examiner mentioned Wyatt that teaches signed utilization signal ([0093][0083]-[0086] – ECC data packets include power data and is signed by key/certificate).
It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to have a signed utilization signal in the system of Haebler et al by the signature service as taught in Wyatt ([0083]), since signature technology increases security and provides additional information to the system. Haebler teaches displaying the information on the user display ([0065], emailing bill to the user ([0064]). This information can further be protected with the signature technology.
For the limitations “transmit the signed utilization signal … upon detecting a change in topology”, Haebler teaches detecting the change of topology as described above ([0051][0063][0065] – any device can be plugged anytime). Haebler further teaches transmitting the signed utilization signal after detecting the topology change ([0061[0065]). These teachings should be sufficient for the limitations.
However, for further clarification, Examiner cites Jing et al that teaches transmit the signed signal to a server upon detecting a change in topology of a network in which the device is connected (the topology change is detected and the topology is sent to the display node periodically line 27-40 of col 7; lines 1-8 of col 8; lines 18-32 of col 10).
It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to combine the teachings of Haebler, Wyatt and Jing so that the topology detection message is sent with the power consumption updates mentioned in [0061] of Haebler. In Haebler, the topology of the devices is changed by plugging/unplugging devices and the devices are tracked by the power controller ([0063][0065]). Jing teaches sending the topology change message periodically (lines 1-8 of col 8), which can be implemented in Haebler in view of Wyatt. That way, the master power controller is aware of the connectivity issues and power consumption scenario is the system. This facilitates detection of abnormal power fault scenario.
For claim 19, Haebler teaches receiving a cut off signal; and terminating power transmission to the one or more user devices based on the cut off signal (step 535 of Fig 5; step 425 of Fig 4; [0070][0071] – receive shut off instruction by power access controller from master power controller 125; user ma send the signal to master controller).
Claim(s) 3-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haebler et al (US Patent Application Publication 2017/0063126), and further in view of Wyatt (US Patent Application Publication 2014/0125125), further in view of Jing (US Patent 9526061) in view of Vanich et al (US Patent Application Publication 20190327099).
For claim 3, Haebler in view of Wyatt in view of Jing does not explicitly teach PoE. Haebler teaches wired connection carrying power and data ([0025]; Haebler) and the wired connection can be Ethernet ([0057]; Haebler). Therefore, it is likely that Haebler used the power over Ethernet technology to power the device. PoE is a known technology in the art (Fig 1; [0003]-[0007]; vanich). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to use PoE for providing power in the system, since PoE is popular and better choice for providing a ready power in the system without using complicated wiring.
For claim 4, Haebler et al teach wherein each power utilization license of the one or more power utilization licenses is indicative of a power consumption threshold ([0056] -assigned threshold).
For claim 5, Haebler teaches the power consumption threshold corresponds to a peak power allowable for consumption by the one or more user devices ([0046] – device profile includes peak power; [0052] – threshold for peak power consumption). Haebler in view of Wyatt in view of Jing does not explicitly teach PoE. Haebler teaches wired connection carrying power and data ([0025]; Haebler) and the wired connection can be Ethernet ([0057]; Haebler). PoE is known in the art (Fig 1; [0003]-[0007]; vanich). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to use PoE for providing power in the system, since PoE is popular and better choice for providing a ready power in the system with fewer cables.
For claim 6, Haebler teaches wherein the power consumption threshold corresponds to a maximum power allowable for consumption in a predetermined time period by the one or more user devices ([0052] [0061] – updates are periodically submitted).
For claim 7, Haebler teaches wherein the power transmission logic is further configured to periodically transmit the signed utilization signal to a licensing server (step 515 and step 520 of Fig 5; [0063-][0065]; [0059] Fig 5 is performed by 125 and other devices; 125 receives the signal periodically as shown in Fig 5).
For claim 8, Haebler et al teach wherein the power transmission logic is further configured to receive a synchronization response signal in response to the signed utilization signal (Fig 5 shows either step 535 is reached or loop back to 505; [0071] mention that location can be tracked [0070] mention that peak power is exceeded or power consumption exceeded expected consumption; the response can be denying step 535 or continuing in step 505; thus a synchronization signal is received in response to utilization signal).
For claim 9, cited art teaches wherein the signed utilization signal is indicative of one or more of: a cryptographic proof of freshness corresponding to the power consumption of the one or more user devices (Wyatt ([0093][0083]-[0086] – ECC data packets include power data and is signed by cryptographic key/certificate); one or more existing power utilization licenses corresponding to the device (Haebler; power profile in step 405 in Fig 4; [0046]-[0053] license authorization scenario; Fig 5 generates bill corresponding to profile).
For claim 10, Haebler teaches wherein the license gap is indicative of the power consumption of the one or more user devices in excess of the power consumption threshold ([0070] – peak power consumption is 100W and the tolerance is 5%; the 5% is the license gap).
For claim 11, Haebler teaches wherein the synchronization response signal indicative of the one or more temporary power utilization licenses corresponding to the license gap (Fig 5 and [0070] – access grant (i.e., license) is temporary and Fig 5 shown deny access/continued access; the access grant corresponds to license gap of 5% [0070]; the deny signal shown in step 535 of Fig 5 indicates the exceed of the license grant).
For claim 12, Haebler teaches wherein each temporary power utilization license (Fig 4 and Fig 5 – the access grant/deny (i.e., license) is changeable (i.e., temporary)) is indicative of a temporary power consumption threshold greater than the power consumption of the one or more user devices in excess of the power consumption threshold ([0070] – 5% tolerance is the license gap and peak power is the threshold; therefore, the temporary threshold is 105%; license or access grant corresponds to temporary threshold 105%).
For claim 13, Haebler teaches wherein the power transmission logic is further configured to transmit power to the one or more user devices based on the one or more temporary power utilization licenses (Fig 4 and Fig 5 – the access grant/deny (i.e., license) is changeable (i.e., temporary)).
Claim 20 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Haebler et al (US Patent Application Publication 2017/0063126), in view of Wyatt (US Patent Application Publication 2014/0125125) further in view of Jing (US Patent 9526061) further in view of Kowalczyk et al (US Patent Application Publication 2016/0241583).
For claim 20, Haebler et al teach receiving historic power consumption data from one or more license grant/deny is based on the power profile and the power consumed over the billing period; thus the utilization signal in step 510 and 515 is based on the historical power consumption data). Cited art does not explicitly mention that the user devices are air gaped. Using air gapped device is a known technology ([0004]-[0005] Kowalczyk). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to use air gapped device to enhance the security of the system. Air gapped device provides added security in the system.
Response to Arguments
Applicant’s arguments have been considered but are not persuasive.
Applicant argues that ordinary skill would consider transmitting the signed utilization signal to the licensing server upon detecting a change in network topology provides an event driven mechanism rather than waiting for a periodic reporting interval. Applicant further mentioned that topology changes promptly transmitting a cryptographically verifiable utilization record.
Examiner disagrees as claimed limitation does not require “event driven mechanism for updating” (where the event is topology change) and “cryptographically verifiable utilization” because “transmit the utilization signal upon detecting a change in topology” requires the temporal relationship only, not an event driven mechanism. That is, the sending of the periodic update after detecting topology change (as taught in Haebler explained above) is sufficient for the claim.
Haeblr teaches the limitations transmit the signed utilization signal to the licensing server (125 is the licensing server and the utilization signal is transmitted to the 125 [0061]; [0060] – 115 determines the device power consumption; thus 115 determines the power consumption and sent to 125) upon detecting a change in a topology of a network in which the device is connected (110 is connected in 105 as shown in Fig 1, which includes devices 110 [0024]; 115 is connected to multiple devices to provide power [0051]; billing includes the power consumption of various devices [0065] - this requires plugging the device as mentioned in [0063]; thus the change in topology is detected by the power access controller 115; “upon detecting” is interpreted as “after detecting” – 115 send the utilization signal of the device 110 to master controller 135 after detecting another device being inserted/deleted). However, for further clarification, the newly cited reference Jing teaches periodic update of topology to the display node (lines 1-8 of col 8). Thus, the two updates can be combined to provide the signal to the license server as explained above, which fully teaches sending the signed utilization signal to the licensing server upon detecting a change in topology of a network in which the device is connected.
Additionally, claim 1, claim 14 and claim 18 do not require utilization signal to be cryptographically verifiable. Claim 9 recites cryptographic proof alternatively, which is taught by Wyatt as mentioned in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAHMIDA RAHMAN whose telephone number is (571)272-8159. The examiner can normally be reached Monday - Friday 10 AM - 7 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, Andrew Jung can be reached at 571-270-3779. 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.
/FAHMIDA RAHMAN/Primary Examiner, Art Unit 2175
