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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 non-obviousness.
Claims 1, 2, 4, 7, 10, 11, 13, 15, 16, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. 2018/0039243 to Bangalore et al. (hereinafter Bangalore) in views of US Pub. 2023/0076300 to Ta et al. (hereinafter Ta).
In regard claim 1, Bangalore teaches or discloses a method comprising:
receiving, by a gateway and via a regional network, downlink data being routed
from a base station (see paragraph [0069], the host device communicates with a server over the Internet to receive boundary condition parameters regarding the site. Where host device 100 communicates with central server 264 either over a cellular data connection via base station 260 or via wireless access point 212); and
in response to the analyzing of the difference, generating, by the gateway, a
parameter utilized to adjust the regional data rate (see paragraphs [0043], and [0083], the microcontroller then divides the rainfall adjusted evapotranspiration value by the average precipitation rate).
Bangalore may not explicitly teach or disclose analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference.
However, Ta teaches or discloses analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference (see paragraphs [0050], and [0053], to support instantaneous real-time updates, the valuation subsystem may receive local environment data, as described above. As noted above, a kiosk is potentially able to supply local environment data from a camera, microphone, odor sensor, photodetector, chemical sensor, wireless spectrum receiver (e.g., detecting the noise floor in Bluetooth, WiFi, or cellular bands), wireless service traffic analyzer (e.g., detecting traffic through a public accessible AP or the above-mentioned geo-fencing technologies), radiation sensor, local weather sensor (e.g., temperature or rain), and/or air quality monitor. The access point 138 and/or communications subsystem 112 can be used to collect data from entities passing by, or engaging with the access point or using the communications subsystem. In support of data mapping, the access point is publically accessible to user devices that include smartphones, personal devices, or generally any type of computing device. Typically, the user devices are enabled for WiFi and Bluetooth communications).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify systems for site-based irrigation control a network element of Bangalore by including analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference suggested by Ta. This modification would provide to communicate the verification information to a central server read in paragraph [0010].
In regard claims 2, 11, and 17, Bangalore teaches or discloses the method of claim 1, wherein the regional network is a cellular network, and a local network associated with the local data rate is a wi-fi network (see paragraphs [0051], and [0055], wireless access point 212, which may include a IEEE 802.11 (Wi-Fi) access point or other appropriate access point capable of communicating wirelessly with weather station 210, host device 100, and mobile computing device 214. Base station 260 is located away from site 250. Base station 260 includes a cellular data base station, such as a 3G or 4G base station, or other appropriate base station).
In regard claims 4, 13, and 19, Bangalore teaches or discloses the method of claim 1, wherein the parameter includes a temperature parameter (see paragraphs [0029], temperature data), and wherein adjusting the regional data rate further comprises:
transmitting the temperature parameter to the base station that throttles the regional data rate based on the temperature parameter (see paragraph [0029], temperature data collected by the weather station is passed through the wireless device 105 at the request of the microprocessor 110).
In regard claim 7, Bangalore teaches or discloses the method of claim 1, further comprising:
identifying, by the scheduler and via inspection of the downlink data, at least one of data type content or application identifier content (see paragraph [0029], one type of weather data that may be received from the weather station includes temperature data),
wherein the parameter is generated based on the at least one of the data type content or the application identifier content (see paragraph [0029], one type of weather data that may be received from the weather station includes temperature data. In accordance with the operation of the programming code, temperature data collected by the weather station is passed through the wireless device 105 at the request of the microprocessor 110 and stored by memory 103).
In regard claim 10, Bangalore teaches or discloses a system comprising:
at least one processor (see paragraph [0016], a computer processor);
non-transitory memory storing instructions that, when executed by the at least one processor (see paragraphs [0026], [0028], and [0029], the memory 103 provides a non-volatile storage location for the programming code of the host device along with certain data necessary for execution of the code), cause the at least one processor to perform operations comprising:
receiving, by a gateway and via a regional network, downlink data being routed
from a base station (see paragraph [0069], the host device communicates with a server over the Internet to receive boundary condition parameters regarding the site. Where host device 100 communicates with central server 264 either over a cellular data connection via base station 260 or via wireless access point 212); and
in response to the analyzing of the difference, generating, by the gateway, a
parameter utilized to adjust the regional data rate (see paragraphs [0043], and [0083], the microcontroller then divides the rainfall adjusted evapotranspiration value by the average precipitation rate).
Bangalore may not explicitly teach or disclose analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference.
However, Ta teaches or discloses analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference (see paragraphs [0050], and [0053], to support instantaneous real-time updates, the valuation subsystem may receive local environment data, as described above. As noted above, a kiosk is potentially able to supply local environment data from a camera, microphone, odor sensor, photodetector, chemical sensor, wireless spectrum receiver (e.g., detecting the noise floor in Bluetooth, WiFi, or cellular bands), wireless service traffic analyzer (e.g., detecting traffic through a public accessible AP or the above-mentioned geo-fencing technologies), radiation sensor, local weather sensor (e.g., temperature or rain), and/or air quality monitor. The access point 138 and/or communications subsystem 112 can be used to collect data from entities passing by, or engaging with the access point or using the communications subsystem. In support of data mapping, the access point is publically accessible to user devices that include smartphones, personal devices, or generally any type of computing device. Typically, the user devices are enabled for WiFi and Bluetooth communications).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify systems for site-based irrigation control a network element of Bangalore by including analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference suggested by Ta. This modification would provide to communicate the verification information to a central server read in paragraph [0010].
In regard claim 15, Bangalore may not explicitly teach or disclose the system of claim 10, the operations further comprising: modifying delivery of wi-fi data with which the local data rate is associated.
However, Ta teaches or discloses modifying delivery of wi-fi data with which the local data rate is associated (see paragraphs [0048], and [0050], the communications subsystem may transmit the environmental data to the server or an associated data collection or public service server for public safety, traffic, and weather services. In one aspect, the targeting subsystem weighted valuation subsystem is updated in response to the local environment data. To support instantaneous real-time updates, the valuation subsystem may receive local environment data).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify systems for site-based irrigation control a network element of Bangalore by including modifying delivery of wi-fi data with which the local data rate is associated suggested by Ta. This modification would provide to communicate the verification information to a central server read in paragraph [0010].
In regard claim 16, Bangalore teaches or discloses a server (see Fig. 2) comprising:
at least one processor (see Fig. 2); and
non-transitory memory storing instructions that, when executed by the at least one processor (see Fig. 2), cause the at least one processor to perform operations comprising:
receiving, by a gateway and via a regional network, downlink data being routed
from a base station (see paragraph [0069], the host device communicates with a server over the Internet to receive boundary condition parameters regarding the site. Where host device 100 communicates with central server 264 either over a cellular data connection via base station 260 or via wireless access point 212); and
in response to the analyzing of the difference, generating, by the gateway, a
parameter utilized to adjust the regional data rate (see paragraphs [0043], and [0083], the microcontroller then divides the rainfall adjusted evapotranspiration value by the average precipitation rate).
Bangalore may not explicitly teach or disclose analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference.
However, Ta teaches or discloses analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference (see paragraphs [0050], and [0053], to support instantaneous real-time updates, the valuation subsystem may receive local environment data, as described above. As noted above, a kiosk is potentially able to supply local environment data from a camera, microphone, odor sensor, photodetector, chemical sensor, wireless spectrum receiver (e.g., detecting the noise floor in Bluetooth, WiFi, or cellular bands), wireless service traffic analyzer (e.g., detecting traffic through a public accessible AP or the above-mentioned geo-fencing technologies), radiation sensor, local weather sensor (e.g., temperature or rain), and/or air quality monitor. The access point 138 and/or communications subsystem 112 can be used to collect data from entities passing by, or engaging with the access point or using the communications subsystem. In support of data mapping, the access point is publically accessible to user devices that include smartphones, personal devices, or generally any type of computing device. Typically, the user devices are enabled for Wi-Fi and Bluetooth communications).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify systems for site-based irrigation control a network element of Bangalore by including analyzing, by a scheduler in the gateway, a difference between a regional data rate and a local data rate of the downlink data to identify the difference as a data rate difference that is greater than a threshold difference suggested by Ta. This modification would provide to communicate the verification information to a central server read in paragraph [0010].
Allowable Subject Matter
Claims 2, 5, 6, 8, 9, 12, 14, 18, and 20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHIRIN SAM whose telephone number is (571)272-3082. The examiner can normally be reached Mon - Fri, 10:30am - 5pm.
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/PHIRIN SAM/Primary Examiner, Art Unit 2476