DETAILED ACTION
Status of the Application
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 6, 2025, has been entered.
In response, the Applicant cancelled Claims 1-3, 8-11, 14, 15, and 18. Claims 19-28 were added. Claims 19-28 are pending and currently under consideration for patentability.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments and Arguments
v With respect to the rejection of claims 10, 11, 14, 15, and 18 under 35 U.S.C. §112 (b), Applicant has appropriately amended the claims (cancelled the claims).
v Applicant’s arguments, with respect to the rejection of new claims 19 and 24 (nearly identical to previously recited claims 1 and 10, as well as the other dependent claims) under 35 U.S.C. §103 have been considered, but are not persuasive.
Applicant specifically argues, “…‘Smart Entertainment in the Smart Home’ does not, however, describe, teach, or suggest providing an additional application that passively eavesdrops² on a remote control configuration process, namely, a monitoring application that performs the function of extracting signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to the external, “quick set” remote control configuration application that provides to the remote control application data for configuring the remote control application.”
Initially, Examiner notes that Applicant’s argument is incommensurate with what is actually claimed. The instant claims do not require an additional application (the “monitoring application”) “that passively eavesdrops on a remote control configuration process”. All that is required is that the monitoring application extract signatures from API calls sent from a remote application (resident on at least one controlling device within a home network) to an external, remote control configuration application (that provides to the remote control application data for configuring the remote control application).
Further, “Smart Entertainment in the Smart Home” discloses precisely what Applicant’s own specification describes as providing the argued feature.
Applicant’s specification does not refer to, or otherwise mention, a “monitoring application” or a “remote control configuration application”. Applicant’s as-filed specification at para [0065] states “it is contemplated that the system may analyze usage data on the recommender (or device setup/configuration) services to obtain insight into the household, e.g., by monitoring API calls to a device configuration service, such as UEI's "QUICKSET" brand service…”. No additional details regarding the monitoring of the API calls are provided here. Para [0055] explains that signatures are extracted from API calls made to the UEI “Quick set” brand remote control configurator database, and that these signatures are used by a “Quick Set brand predictive module” for device discovery and for further analysis. Para [0085] states “The administration system, e.g., the system that, among other things, monitors API calls that are made to a configuration database, is preferably responsible for confirming a completion of the initial setup process by the seller for the new device. To this end, the administration system may provide, and the seller may utilize, the UEI "QUICK SET" Features described previously….The administration system may, for example, automatically perform device updates as the administration system learns of other devices being added to/removed from a home. Such updates can include providing a device with sets of command data, formats, and signals for use in controlling/communicating with such other devices in the home ecosystem.”. As such, Applicant explains the “administration system” is what monitors the API calls, the “administration system” provides the UEI "QUICK SET" features described, and that the “administration system” also provides the controlling device with remote control application data (sets of command data, formats, etc.) for configuring the controlling device. Figure 15 explains (in the center box) that an example of the “administration system” is the “UEI Quickset Cloud”. Fig 14 tag 1402 also reiterates this fact. In other words, Applicant’s disclosure states that the UEI Quickset Cloud is an example of both (e.g., via certain software components/layers/instructions within this software-based cloud system) the “monitoring application” that monitors the API calls to the “external, remote control configuration application” as well as the “external, remote control configuration application” itself. Software components/layers/instructions of the UEI Quickset Cloud are what constitute the “monitoring application” and “remote control configuration application”, and the UEI Quickset Cloud has these software components/layers/instructions.
Based on Applicant’s disclosure (as cited above), Examiner understands the “UEI Quickset Cloud” (e.g., via distinct software components/layers/instructions, perhaps within the same engine) as providing support for these “distinct” applications and their associated functions (e.g., extract signatures from API calls sent from a remote application to the external remote control configuration application, providing the remote control application data for configuring the remote control application). Such an interpretation is consistent with their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art.
“Smart Entertainment in the Smart Home” discloses numerous characteristics of the “UEI Quickset Cloud”. Page 5 of “Smart Entertainment in the Smart Home” includes a graphic and description of the “Discovery Engine” in the Quickset Cloud. It shows that “various device signatures…as an input” are received at the Quickset cloud from a host application, that these signatures are ultimately assessed by a discovery engine to calculate device fingerprints, use a knowledge graph to identify device information “such as device type, brand, model, control information”, merge the results, and ultimately return to the host application a device object including a device list and indications of “control info”. See screenshot below.
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Page 6 of “Smart Entertainment in the Smart Home” describes a “Predictive Engine” in the Quickset Cloud may use the same device signatures and meta data to ultimately provide control information to the host application such as supported protocols. See screenshot below.
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Page 6 and Page 7 show that the Quickset Cloud works in concert with Quickset (an SDK) on the host application (remote control application on a controlling device in the home network) and that the host application is what gathers the signatures of the devices on the network and then communicates with the Discovery Engine in the Quickset cloud (i.e., sends them) as part of device discovery and obtaining necessary control information. See screenshot below.
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Page 4 explains that the Discovery Engine and Predictive Engine may act together in the Quickset Cloud to “automatically identify connected devices” and “return(s)…control information”. This also reiterates that the Quickset SDK on the host application of the controlling device in the home network interfaces with Quickset Cloud as part of setting up the device. See screenshot below.
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Page 2 explains that the Quickset Cloud’s discovery and control capabilities are “available as simple web-based APIs” (i.e., the inputs to the Quickset Cloud, such as the device signatures, are sent via API calls), and that the controlling device within a home network on which the remote control application resides (and that communicates with Quickset Cloud) may be a televisions or set-top box that can control other smart home devices.
Page 1 further suggests that a “universal remote control” or mobile application could be the host application.
These features of the Quickset Cloud clearly align with Applicant’s argued feature, and further with the discussions of device discovery and signature extraction using QuickSet Cloud in paras [0055], [0065], and [0080] of Applicant’s disclosure. Device signatures are obtained (i.e., “extracted”) from API calls that are being sent from a host application (remote control application residing on a controlling device within a home network such as a televisions or set-top box or universal remote control) to the Discovery/Predictive/Control Engines of the Quickset Cloud, the Quickset Cloud obtains/extracts the device signatures from the input API calls as part of this process (i.e., it has programming/instructions constituting a “monitoring engine”), and the Discovery/Predictive/Control Engines (constituting an “external, remote control configuration application) provides remote control application data (e.g., control information, supported protocols) back to the host application (the “remote control application”).
Although “Smart Entertainment in the Smart Home” may not explicitly refer to a “monitoring engine” or “remote control configuration application”, it is clear from “Smart Entertainment in the Smart Home” that QuickSet Cloud includes programming/instructions for extracting signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and therefore that QuickSet Cloud has programming/instructions that constitute these applications. This is consistent with Applicant’s Application, which also does not explicitly refer to a “monitoring engine” or “remote control configuration application”, and which merely generally suggests that “UEI’s ‘QUICKSET’ brand service” conventionally sends API calls to a device configuration service (para [0065]), that an “administration system” such as “UEI Quickset Cloud” monitors the API calls that are made using the UEI Quick Set (paras [0085] and Fig 15) and extracts the signatures from these API calls as part of a process that identifies “from the extracted signatures…device’s information (like brand, model, device type…from the “QUICK Set’ brand predictive module…” (para [0055]).
Applicant further argues, “…It is additionally submitted that no evidence has been cited in support of the conclusion that "Smart Entertainment in the Smart Home" suggests that it would be advantageous to use a monitoring application as claimed "because doing so can provide a flexible, effective, efficient, and user-friendly mechanism to discover a variety of different types/makes/models of devices (e.g., those having different brands or communication requirements) connected within a home network system (i.e., configuration of the home network system) in order to provide an accurate updated configuration of the home network, which can then be used to offer personalized recommendations/advertisements to a user that are more likely to be relevant to the user's device/application needs…. Rather, the only reference of record that describes the advantages of using a monitoring application in the manner claimed is the subject application. Accordingly, because the rejection of claims 1 and 10 is clearly based upon
the impermissible use of hindsight reasoning”.
Examiner respectfully disagrees. It must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the Applicant’s disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). The portions of “Smart Entertainment in the Smart Home” cited by the Examiner in the Final Rejection provide a discussion/suggestion of these advantages. Applicant has ignored the numerous exact quotes the Examiner cited in the rejection. This provides the knowledge which was within the level of ordinary skill at the time the claimed invention was made. The Examiner did not include knowledge gleaned only from the Applicant’s disclosure.
Examiner further notes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The Examiner’s rejection provided an alternative/addition motivation for combining the teachings of “Smart Entertainment in the Smart Home” with Eng. Specifically, the Examiner explained how it was within the capabilities of one of ordinary skill in the art to modify the method and medium of Eng to include these features, and further that the results of doing so would have been predictable to one of ordinary skill in the art. Applicant has not argued against this motivation to combine the references.
Subject Matter Eligibility
The Examiner is persuaded that new Claims 19 and 24 (as well as each of the dependent claims by virtue of their dependency on one of these claims), recite one or more additional elements such that the claims as a whole amount to significantly more than a judicial exception itself. Specifically, the claims require “extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application; using the signatures extracted from the API calls to update a relational database in which is stored installed device information for the home network system, the installed device information being cross-referenced to an identifier for the at least one controlling device and indicating a configuration of the home network system; using the configuration of the home network system of the user to provide an offer to monetize a transaction…using the configuration of the home network system of the user to provide the targeted advertisement of the user…”. It is noted that the extraction of the signatures by the monitoring application is from the API calls themselves, and that the API calls are explicitly API calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application. Retrieving or otherwise obtaining data (e.g., signatures) from a database that was previously generated using data from API calls is not equivalent to extracting the signatures from the API calls themselves. The requirement for the API calls to be “sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application” amounts to more than a general link to a particular technological environment or field of use. The calls are specifically being sent from a remote control application resident on at least one controlling device within a home network system, and to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application. Furthermore, even if this step (in combination with the requirement to update the relational database) were treated as insignificant pre-solution activity (data gathering) under Step 2A prong 2 of the analysis, this element, taken individually or in combination, is not well-understood, routine and conventional to those in the field of smart/connected device management. Examiner notes that this does not mean this step is novel or non-obvious. In fact, this specific step was known before the effective filing date of the claimed invention. However, obtaining device signature and/or home network device configuration data via “extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application” and in combination with “using the signatures extracted from the API calls to update a relational database in which is stored installed device information for the home network system, the installed device information being cross-referenced to an identifier for the at least one controlling device and indicating a configuration of the home network system” was not routine and conventional before the effective filing date of the claimed invention. As such, under Step 2B of the eligibility analysis, the claims recite one or more additional elements such that the claims as a whole amount to significantly more than a judicial exception itself.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 17, 2025 has been considered by the examiner.
Claim Objections
Claim 24 is objected to because of the following informalities: --user-- should be deleted preceding “upon determination of the acceptance”. The inclusion of “user” appears to be a clear typo. Further, a comma should be included subsequent “acceptance” in this phrase to ensure the claim language conforms with standard grammatical construction. Appropriate correction is required.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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 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.
v Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over by Eng et al. (U.S. PG Pub No. 2020/0098249, March 26, 2020 - hereinafter "Eng”) in view of “Smart Entertainment in the Smart Home” (Whitepaper and associated webpages captured using Internet Archive Wayback Machine on June 1, 2019 and October 31, 2019 at https://quicksetcloud.com/ and https://quicksetcloud.com/media/, and retrieved by the Examiner on June 25, 2024)
With respect to claim 19, Eng teaches a method for providing a targeted advertisement to a user, comprising:
identifying by a monitoring application device identifications (and their associated properties/usages) from at least one device within a home network system; ([0031]-[0032] “a device may be configured to report information corresponding to the device to other devices…reported information may indicate a configuration of the device, properties…other operational information…devices may be configured to report device identifications and/or device properties and/or reported information of other devices…a device may be configured to…responsive to a request, submit device identifications and/or device properties…monitor device identifications…of devices on a network and submit such device identifications to the device identification database…” – therefore a device (e.g., gateway device) can request other devices to report their IDs/properties/configurations and then send this information to a monitoring application be stored in the database to create a listing of all of the detected/discovered devices in the home network system of the user – this may be done periodically or upon request per [0035], which may be done to improve the accuracy of the current configuration data per [0038], [0042], [0028] “listing of indications of devices detected on the second network and associated with a user account…develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…” - periodically detecting/requesting device identifications/properties from the devices in the home network (i.e., using the device discovery process includes extracting information related to one or more devices, services and/or apps installed on the home network system from the responses received, Fig 3 tag 306 and associated devices illustrate the configuration of the home network system of the user, which per [0001] and [0018] may comprises a variety of different smart/IOT devices (e.g., computers, media consumption devices, communication devices, mobile phones, televisions, home appliances, light bulbs, coffee makers, etc.), [0023] “The second network 306 may, for example, be a local network in the premises 102a and may comprise the interface 120, the modem 110, and/or the gateway interface device 111. The personal computer 307, the old smartphone 308, the new smartphone 309, and the dishwasher 310 may be located in a household 311 associated with the second network 306. The household 311 may be the same household as premises 102a. The household 311 may comprise additional devices such as, e.g., devices described in connection with the premises 102a of FIG. 1.” – configuration of devices in the home network system )
using the identifications to update a relational database in which is stored installed device information for the home network system, the installed device information being cross-referenced to an identifier for the at least one device and indicating a configuration of the home network system (Fig 4 shows device identification relational database which stores properties and identifier associated with each device (i.e., each installed device information being cross-referenced to an identifier for the at least one device) and indicating a configuration of the home network system, [0031]-[0033] “a device may be configured to report information corresponding to the device to other devices…reported information may indicate a configuration of the device, properties…other operational information…devices may be configured to report device identifications and/or device properties and/or reported information of other devices…a device may be configured to…responsive to a request, submit device identifications and/or device properties…monitor device identifications…of devices on a network and submit such device identifications to the device identification database…” – therefore a device (e.g., gateway device) can request other devices to report their IDs/properties/configurations and then send this information to a monitoring application be stored in the database to create a listing of all of the detected/discovered devices in the home network system of the user and cross referenced to eachother– this may be done periodically or upon request per [0035], which may be done to improve the accuracy of the current configuration data per [0038], [0042], [0028] “listing of indications of devices detected on the second network and associated with a user account…develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…”, Fig 3 tag 306 and associated devices illustrate the configuration of the home network system of the user, which per [0001] and [0018] may comprises a variety of different smart/IOT devices (e.g., computers, media consumption devices, communication devices, mobile phones, televisions, home appliances, light bulbs, coffee makers, etc.), [0023] “The second network 306 may, for example, be a local network in the premises 102a and may comprise the interface 120, the modem 110, and/or the gateway interface device 111. The personal computer 307, the old smartphone 308, the new smartphone 309, and the dishwasher 310 may be located in a household 311 associated with the second network 306. The household 311 may be the same household as premises 102a. The household 311 may comprise additional devices such as, e.g., devices described in connection with the premises 102a of FIG. 1.” – configuration of devices in the home network system , see also [0025] & [0028] where either the user database and/or device identification database read on the relational database in which is stored installed device information for the home network system, the installed device information being cross-referenced to an identifier for the at least one device and indicating a configuration of the home network system)
using the configuration of the home network system of the user to automatically verify a compliance by the user with a condition for receiving the targeted advertisement; and ([0024]-[0026] “one or more rules which govern which notifications, of a plurality of notifications, are sent…query the device identification database…notifications may comprise advertisements, e.g., one or more of the notification sources 303 may be configured to generate an advertisements…” – the targeting rules are conditions established by a provider of the notification/advertisement (e.g., seller), [0042]-[0051] “periodically determine if a notification should be sent…query the device identification database…for one or more specific device properties…query results may contain one or a plurality of device properties…based on the device properties, one or more notifications may be determined…may comprise an advertisement for that accessory product …notification may, based on the device properties indicating that the device is made by a certain manufacturer and/or has certain capabilities, advertise products that may be used with the device…current physical location of the device…notification may be based on the device properties of multiple devices…different devices in a household…advertise other devices also compatible…recently purchased a new smartphone and new speakers, a notification may comprise an advertisement for a smartphone dock which allows the user to easily connect the smartphone to the speakers” – therefore uses the determined configuration of the home network system of the user (e.g., various connected devices and their respective properties/usages) to automatically verify a compliance with a condition established by the seller (e.g., that there are a plurality of speakers recently installed and a new smart-phone) to provide the user with the advertisement, [0054] “notification may be based on a user profile…based on device identifications and/or device properties...may indicate that a user prefers mid-range smartphones…notification may comprise an advertisement for a new mid-range smartphone…associations made between multiple device properties corresponding to different devices…indication that the user prefers to use wireless audio products…the user lives in a household with multiple wireless speakers and wireless headphones…”, [0064] “determining, using the device properties and the user profile, that the user purchased a new networked dishwasher and networked stove, the notification may relate to purchasing new dishes and/or silverware…based on determining that at user has recently installed a number of networked security cameras, security-related products like new locks may be advertised” , [0068]-[0070] “determining whether a particular notification may apply…based on the device properties…determine one or more notifications…”, [0028] “develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…determine…a user prefers a certain brand of smartphone based on storing device identifications…”)
providing the targeted advertisement to the user when the configuration of the home network system of the user is determined to be in compliance with the condition for receiving the targeted advertisement ([0016] “generate push notifications to deliver information to devices in the premises and/or to the mobile devices…formatting and inserting advertisements…”, [0026]-[0027] “notifications may comprise…device recalls…advertisements…may send the notification directly to a device in the household…and/or to the EQAN…which may be configured to combine the notification with content…and send the combined combined and notification to a device in the household…content sources may be configured to send…” – therefore the system provides the advertisement to the user (e.g., when the determined configuration of the home network system of the user is determined to be in compliance with the condition established by the seller) for the user to be provided with the advertisement, [0039] recall notice or accessory products, [0056]-[0057] “may cause the one or more notifications to be sent…”, see also [0075])
Although Eng suggests periodically and automatically using a device discovery process to detect/discover devices (and/or their associated properties/usages) within the home network system of the user (i.e., determining a configuration of the home network system of the user) (see, for example, [0035] & [0038] & [0042] & [0028]), and although Eng suggests that the device reporting the existence/properties of the other devices in the network) may be a smart phone ([0016]-[0017] gateway device may be a computer or mobile phone), Eng does not appear to explicitly disclose wherein the device configuration discovery process involves extracting signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within the home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control, or updating the relational database using the signatures extracted from the API calls. It is noted that a controlling device is required to be a device that controls operation/functionality of another device in the home network via a remote control application and remote control application data obtained from an external remote control conjuration application. Under the broadest reasonable interpretation, the terms of the claim are presumed to have their plain meaning consistent with the specification (see [0003]-[0005] & [0021]-[0022] & [0085]-[0086] of the published disclosure) as it would be interpreted by one of ordinary skill in the art. Eng does not appear to disclose,
extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application; and using the signatures extracted from the API calls to update the relational database
Paragraph [0005] of Applicant’s published specification refers to US Application 13/118,682 (Ogaz et al. and corresponding to U.S. PG Pub No. 2011/0302201, published December 8, 2011) and states that “systems and methods for using information obtained from a universal controlling device are also known in the art…. (Ogaz) describes a system wherein, once such controlling device setup has been successfully performed, information regarding a consumer' s appliance configuration gathered thereby may be advantageously used to provide additional services to the consumer, such as advice in the selection of additions or replacements to an existing equipment configuration, recommendations for preferred interconnections, etc.”.
Applicant’s specification also acknowledges in paragraph [0003] that “portable controlling devices capable of commanding the operation of multiple consumer appliances of different type and/or manufacture, such as universal remote controls, and the features and functions offered by such devices are also well known in the art….slave relay stations positioned to control appliances not situated in line of sight of the controlling device, etc. In some cases such controlling device functionality may be offered in the form of an app for installation on an existing smart device, said app comprising a GUI to be used in conjunction with supplemental hardware and/or firmware, built-in or external to the smart device, suitable for the generation of appliance command signals. In other cases, such controlling devices may be self-contained units specific to that purpose such as for example Neva® brand products from Universal Electronics Inc., or Harmony® brand products from Logitech Inc. Yet further, such controlling devices may be in the form of voice-enabled devices, such as the "NEVO BUTLER.".
Applicant’s published specification in paragraph [0021] also acknowledges prior art (published more than one year prior to the effective filing date of the claimed invention) that disclose wherein a smart device comprising universal remote control app communicates with an external remote control configuration application that provides to the remote control application data for configuring the remote control application (see “smart device…residential universal remote control app…smart device 102 may be capable of communicating with a server 124 via, for example a WiFi or cellular wireless access point 120 and a wide area network 122 such as the Internet or PSTN. Server 124 may support a database 126 comprising downloadable command codes and data, equipment setup configurations, appliance datasheet and compatibility information, recommendation database, etc. as required for a particular embodiment)
Finally, Applicant’s published specification in paragraphs [0055] and [0085] mentions that “Quick Set” involves extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application and using the signatures extracted from the API calls to update the relational database. Although Applicant’s disclosure does not state that “Quick Set” and/or Quickset Cloud is admitted prior art, “Smart Entertainment in the Smart Home” (cited below) shows that this system was available/known more than one year prior to the effective filing date of the claimed invention.
As discussed above, the Ogaz reference (Applicant-admitted prior art) and admitted prior art in [0003] and [0021] teach the claim limitations not taught by Eng, with the exception of the extraction of “signatures”. Rather than relying on this admitted prior art directly, Examiner is relying on “Smart Entertainment in the Smart Home” (cited below), which describes portions of these systems in more detail, and which also demonstrates that the “Quick Set” system mentioned in paragraphs [0055] and [0085] (which does explain that “Quick Set” involves extraction of signatures from API calls sent from apps on control devices to external server) was in fact disclosed and available to the public more than one year prior to the effective filing date of the claimed invention. It can be seen that the claimed mechanism for updated/creating a relational database storing installed device information for the home network was known more than one year prior to the effective filing date of the claimed invention. It is clear that the inventive concept lies not in how the configuration of the home network is determined, but with how this information is subsequently used to ultimately provide the advertisement.
“Smart Entertainment in the Smart Home” discloses
extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database
Applicant’s specification does not refer to, or otherwise mention, a “monitoring application” or a “remote control configuration application”. Applicant’s as-filed specification at para [0065] states “it is contemplated that the system may analyze usage data on the recommender (or device setup/configuration) services to obtain insight into the household, e.g., by monitoring API calls to a device configuration service, such as UEI's "QUICKSET" brand service…”. No additional details regarding the monitoring of the API calls are provided here. Para [0055] explains that signatures are extracted from API calls made to the UEI “Quick set” brand remote control configurator database, and that these signatures are used by a “Quick Set brand predictive module” for device discovery and for further analysis. Para [0085] states “The administration system, e.g., the system that, among other things, monitors API calls that are made to a configuration database, is preferably responsible for confirming a completion of the initial setup process by the seller for the new device. To this end, the administration system may provide, and the seller may utilize, the UEI "QUICK SET" Features described previously….The administration system may, for example, automatically perform device updates as the administration system learns of other devices being added to/removed from a home. Such updates can include providing a device with sets of command data, formats, and signals for use in controlling/communicating with such other devices in the home ecosystem.”. As such, Applicant explains the “administration system” is what monitors the API calls, the “administration system” provides the UEI "QUICK SET" features described, and that the “administration system” also provides the controlling device with remote control application data (sets of command data, formats, etc.) for configuring the controlling device. Figure 15 explains (in the center box) that an example of the “administration system” is the “UEI Quickset Cloud”. Fig 14 tag 1402 also reiterates this fact. In other words, Applicant’s disclosure states that the UEI Quickset Cloud is an example of both (e.g., via certain software components/layers/instructions within this software-based cloud system) the “monitoring application” that monitors the API calls to the “external, remote control configuration application” as well as the “external, remote control configuration application” itself. Software components/layers/instructions of the UEI Quickset Cloud are what constitute the “monitoring application” and “remote control configuration application”, and the UEI Quickset Cloud has these software components/layers/instructions.
Based on Applicant’s disclosure (as cited above), Examiner understands the “UEI Quickset Cloud” (e.g., via distinct software components/layers/instructions, perhaps within the same engine) as providing support for these “distinct” applications and their associated functions (e.g., extract signatures from API calls sent from a remote application to the external remote control configuration application, providing the remote control application data for configuring the remote control application). Such an interpretation is consistent with their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art.
“Smart Entertainment in the Smart Home” discloses numerous characteristics of the “UEI Quickset Cloud”. Page 5 of “Smart Entertainment in the Smart Home” includes a graphic and description of the “Discovery Engine” in the Quickset Cloud. It shows that “various device signatures…as an input” are received at the Quickset cloud from a host application, that these signatures are ultimately assessed by a discovery engine to calculate device fingerprints, use a knowledge graph to identify device information “such as device type, brand, model, control information”, merge the results, and ultimately return to the host application a device object including a device list and indications of “control info”. See screenshot below.
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Page 6 of “Smart Entertainment in the Smart Home” describes a “Predictive Engine” in the Quickset Cloud may use the same device signatures and meta data to ultimately provide control information to the host application such as supported protocols. See screenshot below.
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Page 6 and Page 7 show that the Quickset Cloud works in concert with Quickset (an SDK) on the host application (remote control application on a controlling device in the home network) and that the host application is what gathers the signatures of the devices on the network and then communicates with the Discovery Engine in the Quickset cloud (i.e., sends them) as part of device discovery and obtaining necessary control information. See screenshot below.
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Page 4 explains that the Discovery Engine and Predictive Engine may act together in the Quickset Cloud to “automatically identify connected devices” and “return(s)…control information”. This also reiterates that the Quickset SDK on the host application of the controlling device in the home network interfaces with Quickset Cloud as part of setting up the device. See screenshot below.
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Page 2 explains that the Quickset Cloud’s discovery and control capabilities are “available as simple web-based APIs” (i.e., the inputs to the Quickset Cloud, such as the device signatures, are sent via API calls), and that the controlling device within a home network on which the remote control application resides (and that communicates with Quickset Cloud) may be a televisions or set-top box that can control other smart home devices.
Page 1 further suggests that a “universal remote control” or mobile application could be the host application.
These features of the Quickset Cloud clearly align with Applicant’s argued feature, and further with the discussions of device discovery and signature extraction using QuickSet Cloud in paras [0055], [0065], and [0080] of Applicant’s disclosure. Device signatures are obtained (i.e., “extracted”) from API calls that are being sent from a host application (remote control application residing on a controlling device within a home network such as a televisions or set-top box or universal remote control) to the Discovery/Predictive/Control Engines of the Quickset Cloud, the Quickset Cloud obtains/extracts the device signatures from the input API calls as part of this process (i.e., it has programming/instructions constituting a “monitoring engine”), and the Discovery/Predictive/Control Engines (constituting an “external, remote control configuration application) provides remote control application data (e.g., control information, supported protocols) back to the host application (the “remote control application”).
Although “Smart Entertainment in the Smart Home” may not explicitly refer to a “monitoring engine” or “remote control configuration application”, it is clear from “Smart Entertainment in the Smart Home” that QuickSet Cloud includes programming/instructions for extracting signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and therefore that QuickSet Cloud has programming/instructions that constitute these applications. This is consistent with Applicant’s Application, which also does not explicitly refer to a “monitoring engine” or “remote control configuration application”, and which merely generally suggests that “UEI’s ‘QUICKSET’ brand service” conventionally sends API calls to a device configuration service (para [0065]), that an “administration system” such as “UEI Quickset Cloud” monitors the API calls that are made using the UEI Quick Set (paras [0085] and Fig 15) and extracts the signatures from these API calls as part of a process that identifies “from the extracted signatures…device’s information (like brand, model, device type…from the “QUICK Set’ brand predictive module…” (para [0055]).
“Smart Entertainment in the Smart Home” suggests it is advantageous to include extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database, because doing so can provide a flexible, effective, efficient, and user-friendly mechanism to discover a variety of different types/makes/models of devices (e.g., those having different brands or communication requirements) connected within a home network system (i.e., configuration of the home network system) in order to provide an accurate updated configuration of the home network, which can then be used to offer personalized recommendations/advertisements to a user that are more likely to be relevant to the user’s device/application needs (“Quickset Cloud” and “QuickSet” portions explain that “QuickSet discovery and control capabilities are available as simple web-based APIs enabling flexible integration” and it is used for “simplifying universal discovery, control, and interaction of devices within the home. First introduced in September 2009, QuickSet solution is a widely deployed technology powering major consumer electronic brands including set-top boxes, televisions, gaming consoles, smartphones, and tablets to enable effortless configuration and control of nearly any connected home entertainment device” and is interoperable with “with virtually every device within the home through a single point ( a universal remote control, a voice assistant, or a mobile application)” (i.e., control device) and uses a “comprehensive device knowledge graph, automatically discovers devices in the home and uncovers information such as type, brand, model details, and control information…using fingerprints across popular networks in the home”, see also in the “Smart Entertainment in the Smart Home” whitepaper which explains that the Quickset cloud “automatically discovers nearby devices through different communication mediums, generates unique fingerprints and matches them to the knowledge graph, to serve up a full range of capabilities” and in the Xfinity case study that “automatically reconfigures to address any changes in the consumer entertainment system, such as a purchase of new equipment, or rewiring of the audio/visual (AV) system” and later that “The solution is now capable of reaching further into devices, discovering expanded content metadata such as current playing media, installed applications, and services contained within a range of devices” that use of the signatures with the global device knowledge graph “makes it possible to detect the broadest possible range of data, from model and serial numbers to age and region, native video and audio formats, in addition to control capabilities and characteristics”. Finally, the whitepaper explains that use of the remote cloud server and continually updated database of the homes connected devices can “upport new and better experiences targeted at the connected home are necessary. These capabilities power a range of new possibilities for service providers to offer new and personalized services that can be used for monetization through advanced advertising, e-commerce and marketing application…Available devices, services and content within the home provide the necessary contextual awareness for better and more personalized services….available devices and services are used as signals to trigger a specific persona, such as a household with a specific brand of game console, or subscription to a specific streaming service, or a household in need of a TV system upgrade due to the age of their display…Upon the completion of initial device discovery on local networks, a solution can apply whatever scripts and protocols are needed to scan and index the content and apps hosted by nearby devices, including any content or apps that might be currently in use…When the user data is aggregated across devices and services using a unified discovery and control solution, that data can be used to generate personalized and contextual content recommendations…providers can improve the experience of their ads to be tuned to specific user or household interests and needs, derived from both user activity as well as the installed base of devices in the home. Nearby devices in a home can be a strong signal indicating preferences and needs. Such ads might be…based on discovered devices such as ads promoting games developed for a specific user’s game console…, the information identifying types of TV sets in use by any given household can be used by OEMs to avoid running ads promoting new TV models to people who already have them…These platforms can enable a unified one-touch control experience over multiple household platforms, capable of automatic discovery and control over any device regardless of communication protocol. The platform must: • Aggregate and present content and applications offered across devices in the home to power a unified and personalized dashboard; • Extend universal control mechanisms to mobile devices and voice assistants”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Eng to include extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database, as taught by “Smart Entertainment in the Smart Home”, because doing so can provide a flexible, effective, efficient, and user-friendly mechanism to discover a variety of different types/makes/models of devices connected within a home network system (i.e., configuration of the home network system) in order to provide an accurate updated configuration of the home network, which can then be used to offer personalized recommendations/advertisements to a user that are more likely to be relevant to the user’s device/application needs.
Furthermore, as in “Smart Entertainment in the Smart Home”, it was within the capabilities of one of ordinary skill in the art to modify the method of Eng to include extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database. Furthermore, as in “Smart Entertainment in the Smart Home”,, the results of doing so would have been predictable to one of ordinary skill in the art. It would have been predictable to one of ordinary skill in the art that because doing so would provide a flexible, effective, efficient, and user-friendly mechanism to discover a variety of different types/makes/models of devices connected within a home network system (i.e., configuration of the home network system) in order to provide an accurate updated configuration of the home network, which can then be used to offer personalized recommendations/advertisements to a user that are more likely to be relevant to the user’s device/application needs., as is needed in Eng.
With respect to claim 20, Eng teaches the method of claim 19;
wherein the condition for receiving the targeted advertisement comprises a user at least installing in the home network system of the user a specified device and/or service ([0064] “determining, using the device properties and the user profile, that the user purchased a new networked dishwasher and networked stove, the notification may relate to purchasing new dishes and/or silverware…based on determining that at user has recently installed a number of networked security cameras, security-related products like new locks may be advertised” -condition comprises the user installing at least a specified device in the home network, [0028] “develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…determine…a user prefers a certain brand of smartphone based on storing device identifications…”, [0042]-[0051] “periodically determine if a notification should be sent…query the device identification database…for one or more specific device properties…query results may contain one or a plurality of device properties…based on the device properties, one or more notifications may be determined…may comprise an advertisement for that accessory product …notification may, based on the device properties indicating that the device is made by a certain manufacturer and/or has certain capabilities, advertise products that may be used with the device…current physical location of the device…notification may be based on the device properties of multiple devices…different devices in a household…advertise other devices also compatible…recently purchased a new smartphone and new speakers, a notification may comprise an advertisement for a smartphone dock which allows the user to easily connect the smartphone to the speakers”, [0053] & [0072] determines the device has premium subscription service that the user is using (e.g., movie channel) which is a “service” that must have been successfully installed), [0067] dishwasher operational data requires successful initial setup process to have been completed)
With respect to claim 21, Eng teaches the method of claim 19;
further comprising selecting the targeted advertisement by using a predefined characteristic determined by an analysis of a characteristic of at least one of a product or service in the configuration of a home network system of the user ([0042]-[0051] “periodically determine if a notification should be sent…query the device identification database…for one or more specific device properties…query results may contain one or a plurality of device properties…based on the device properties, one or more notifications may be determined…may comprise an advertisement for that accessory product …notification may, based on the device properties indicating that the device is made by a certain manufacturer and/or has certain capabilities, advertise products that may be used with the device…current physical location of the device…notification may be based on the device properties of multiple devices…different devices in a household…advertise other devices also compatible…recently purchased a new smartphone and new speakers, a notification may comprise an advertisement for a smartphone dock which allows the user to easily connect the smartphone to the speakers” – therefore the targeted advertisement comprises an advertisement for at least one of a product or service having a predefined characteristic determined by an analysis of a characteristic of at least one of a product or service in the configuration of a home network system of the user (e.g., is compatible with at least one device based on device characteristic(s)), [0054] “notification may be based on a user profile…based on device identifications and/or device properties...may indicate that a user prefers mid-range smartphones…notification may comprise an advertisement for a new mid-range smartphone…associations made between multiple device properties corresponding to different devices…indication that the user prefers to use wireless audio products…the user lives in a household with multiple wireless speakers and wireless headphones…”, [0064] “…based on determining that at user has recently installed a number of networked security cameras, security-related products like new locks may be advertised”, [0068]-[0070] “determining whether a particular notification may apply…based on the device properties…determine one or more notifications…”, [0028] “develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…determine…a user prefers a certain brand of smartphone based on storing device identifications…”)
v Claims 22 and 23 is rejected under 35 U.S.C. 103 as being unpatentable over Eng in view of “Smart Entertainment in the Smart Home”, as applied to claim 19 above, and further in view of Ogaz et al. (U.S. PG Pub No. 2011/0302201, December 8, 2011 - hereinafter "Ogaz”)
With respect to claim 22, Eng and “Smart Entertainment in the Smart Home” teach the method of claim 19. Eng does not appear to disclose,
further comprising using a connections discovery process to automatically determine at least one acquaintance of the user; and
using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user
However, Ogaz discloses determining successful completion of the initial setup process of a smart/Iot device and further using device discovery process to determine configuration of a user’s home IoT/smart device network and providing the user with advertisements based on the configuration linked to the initial setup. Ogaz further discloses
using a connections discovery process to automatically determine at least one acquaintance of the user; and (Fig 3 tag 310 and 320, Fig 4 tag 420, Fig 5 tag 500, Fig 9, [0008] “smart device application may also be operationally linked to a social networking account such as Facebook in order to obtain feedback and options from a consumer’s friends” – therefore the system uses a connections discovery process utilizing a social media application to automatically determine at least one acquaintance/contact of the user, [0023] “link a social networking account…friends…”,
using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user (Fig 5 tag 500 & [0010] & [0038] & [0043] one or more of the user’s friends/acquaintances also have the universal remote control app therefore the system also uses the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user just as it does for the user and these friends/acquaintances can also provide/receive recommendations and/or referrals to their other friends regarding suitable configuration additions/recommendations)
Ogaz suggests it is advantageous to include using a connections discovery process to automatically determine at least one acquaintance of the user; and using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user, because doing so can provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience (Fig 3 tag 310 and 320, Fig 4 tag 420, Fig 5 tag 500, Fig 9, [0008], [0023], [0038] & [0043]) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Eng in view of “Smart Entertainment in the Smart Home” to include using a connections discovery process to automatically determine at least one acquaintance of the user; and using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user, as taught by Ogaz, because doing so can provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience 2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment.
Furthermore, one of ordinary skill in the art would have recognized that applying the known technique of Ogaz to the method of Eng in view of “Smart Entertainment in the Smart Home” would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Ogaz to the teaching of Eng in view of “Smart Entertainment in the Smart Home”would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to using a connections discovery process to automatically determine at least one acquaintance of the user; and using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user. Further, applying this technique to the method of Eng would have been recognized by one of ordinary skill in the art as resulting in an improved system that would provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience.
With respect to claim 23, Eng, “Smart Entertainment in the Smart Home”, and Ogaz teach the method of claim 22. Eng does not appear to disclose,
further comprising using a social media application to determine contacts related to the user
However, Ogaz further discloses
further comprising using a social media application to determine contacts related to the user (Fig 3 tag 310 and 320, Fig 4 tag 420, Fig 5 tag 500, Fig 9, [0008] “smart device application may also be operationally linked to a social networking account such as Facebook in order to obtain feedback and options from a consumer’s friends” – therefore the system uses a connections discovery process utilizing a social media application to automatically determine at least one acquaintance/contact of the user, [0023] “link a social networking account…friends…”)
Ogaz suggests it is advantageous to include using a social media application to determine contacts related to the user, because doing so can provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience (Fig 3 tag 310 and 320, Fig 4 tag 420, Fig 5 tag 500, Fig 9, [0008], [0023], [0038] & [0043]) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Eng in view of “Smart Entertainment in the Smart Home” to include using a social media application to determine contacts related to the user, as taught by Ogaz, because doing so can provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience 2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment.
Furthermore, one of ordinary skill in the art would have recognized that applying the known technique of Ogaz to the method of Eng in view of “Smart Entertainment in the Smart Home”would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Ogaz to the teaching of Eng would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to utilizes a social media application to determine contacts related to the user. Further, applying this technique to the method of Eng would have been recognized by one of ordinary skill in the art as resulting in an improved system that would provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience.
v Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Eng et al. (U.S. PG Pub No. 2020/0098249, March 26, 2020 - hereinafter "Eng”)
in view of Siebel et al. (U.S. PG Pub No. 2022/0036377, February 3, 2022 - hereinafter "Seibel”) in view of “Smart Entertainment in the Smart Home” (Whitepaper and associated webpages captured using Internet Archive Wayback Machine on June 1, 2019 and October 31, 2019 at https://quicksetcloud.com/ and https://quicksetcloud.com/media/, and retrieved by the Examiner on June 25, 2024)
With respect to claim 24, Eng teaches the method of claim method for providing a targeted advertisement to a user, comprising:
identifying by a monitoring application device identifications (and their associated properties/usages) from at least one device within a home network system; ([0031]-[0032] “a device may be configured to report information corresponding to the device to other devices…reported information may indicate a configuration of the device, properties…other operational information…devices may be configured to report device identifications and/or device properties and/or reported information of other devices…a device may be configured to…responsive to a request, submit device identifications and/or device properties…monitor device identifications…of devices on a network and submit such device identifications to the device identification database…” – therefore a device (e.g., gateway device) can request other devices to report their IDs/properties/configurations and then send this information to a monitoring application be stored in the database to create a listing of all of the detected/discovered devices in the home network system of the user – this may be done periodically or upon request per [0035], which may be done to improve the accuracy of the current configuration data per [0038], [0042], [0028] “listing of indications of devices detected on the second network and associated with a user account…develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…” - periodically detecting/requesting device identifications/properties from the devices in the home network (i.e., using the device discovery process includes extracting information related to one or more devices, services and/or apps installed on the home network system from the responses received, Fig 3 tag 306 and associated devices illustrate the configuration of the home network system of the user, which per [0001] and [0018] may comprises a variety of different smart/IOT devices (e.g., computers, media consumption devices, communication devices, mobile phones, televisions, home appliances, light bulbs, coffee makers, etc.), [0023] “The second network 306 may, for example, be a local network in the premises 102a and may comprise the interface 120, the modem 110, and/or the gateway interface device 111. The personal computer 307, the old smartphone 308, the new smartphone 309, and the dishwasher 310 may be located in a household 311 associated with the second network 306. The household 311 may be the same household as premises 102a. The household 311 may comprise additional devices such as, e.g., devices described in connection with the premises 102a of FIG. 1.” – configuration of devices in the home network system )
using the identifications to update a relational database in which is stored installed device information for the home network system, the installed device information being cross-referenced to an identifier for the at least one device and indicating a configuration of the home network system (Fig 4 shows device identification relational database which stores properties and identifier associated with each device (i.e., each installed device information being cross-referenced to an identifier for the at least one device) and indicating a configuration of the home network system, [0031]-[0033] “a device may be configured to report information corresponding to the device to other devices…reported information may indicate a configuration of the device, properties…other operational information…devices may be configured to report device identifications and/or device properties and/or reported information of other devices…a device may be configured to…responsive to a request, submit device identifications and/or device properties…monitor device identifications…of devices on a network and submit such device identifications to the device identification database…” – therefore a device (e.g., gateway device) can request other devices to report their IDs/properties/configurations and then send this information to a monitoring application be stored in the database to create a listing of all of the detected/discovered devices in the home network system of the user and cross referenced to eachother– this may be done periodically or upon request per [0035], which may be done to improve the accuracy of the current configuration data per [0038], [0042], [0028] “listing of indications of devices detected on the second network and associated with a user account…develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…”, Fig 3 tag 306 and associated devices illustrate the configuration of the home network system of the user, which per [0001] and [0018] may comprises a variety of different smart/IOT devices (e.g., computers, media consumption devices, communication devices, mobile phones, televisions, home appliances, light bulbs, coffee makers, etc.), [0023] “The second network 306 may, for example, be a local network in the premises 102a and may comprise the interface 120, the modem 110, and/or the gateway interface device 111. The personal computer 307, the old smartphone 308, the new smartphone 309, and the dishwasher 310 may be located in a household 311 associated with the second network 306. The household 311 may be the same household as premises 102a. The household 311 may comprise additional devices such as, e.g., devices described in connection with the premises 102a of FIG. 1.” – configuration of devices in the home network system , see also [0025] & [0028] where either the user database and/or device identification database read on the relational database in which is stored installed device information for the home network system, the installed device information being cross-referenced to an identifier for the at least one device and indicating a configuration of the home network system)
using the configuration of the home network system of the user to select at least one advertisement from a library of advertisements to present to the user; ([0024]-[0026] “one or more rules which govern which notifications, of a plurality of notifications, are sent…query the device identification database…notifications may comprise advertisements, e.g., one or more of the notification sources 303 may be configured to generate an advertisements…” – the targeting rules are conditions established by a provider of the notification/advertisement (e.g., seller), [0042]-[0051] “periodically determine if a notification should be sent…query the device identification database…for one or more specific device properties…query results may contain one or a plurality of device properties…based on the device properties, one or more notifications may be determined…may comprise an advertisement for that accessory product …notification may, based on the device properties indicating that the device is made by a certain manufacturer and/or has certain capabilities, advertise products that may be used with the device…current physical location of the device…notification may be based on the device properties of multiple devices…different devices in a household…advertise other devices also compatible…recently purchased a new smartphone and new speakers, a notification may comprise an advertisement for a smartphone dock which allows the user to easily connect the smartphone to the speakers” – therefore uses the determined configuration of the home network system of the user (e.g., various connected devices and their respective properties/usages) to automatically verify a compliance with a condition established by the seller (e.g., that there are a plurality of speakers recently installed and a new smart-phone) to provide the user with the advertisement, [0054] “notification may be based on a user profile…based on device identifications and/or device properties...may indicate that a user prefers mid-range smartphones…notification may comprise an advertisement for a new mid-range smartphone…associations made between multiple device properties corresponding to different devices…indication that the user prefers to use wireless audio products…the user lives in a household with multiple wireless speakers and wireless headphones…”, [0064] “determining, using the device properties and the user profile, that the user purchased a new networked dishwasher and networked stove, the notification may relate to purchasing new dishes and/or silverware…based on determining that at user has recently installed a number of networked security cameras, security-related products like new locks may be advertised” , [0068]-[0070] “determining whether a particular notification may apply…based on the device properties…determine one or more notifications…”, [0028] “develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…determine…a user prefers a certain brand of smartphone based on storing device identifications…”)
and causing the selected advertisement to be provided to the user ([0016] “generate push notifications to deliver information to devices in the premises and/or to the mobile devices…formatting and inserting advertisements…”, [0026]-[0027] “notifications may comprise…device recalls…advertisements…may send the notification directly to a device in the household…and/or to the EQAN…which may be configured to combine the notification with content…and send the combined and notification to a device in the household…content sources may be configured to send…” – therefore the system provides the advertisement to the user (e.g., when the determined configuration of the home network system of the user is determined to be in compliance with the condition established by the seller) for the user to be provided with the advertisement, [0039] recall notice or accessory products, [0056]-[0057] “may cause the one or more notifications to be sent…”, see also [0075])
Eng does not appear to disclose,
extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application; and using the signatures extracted from the API calls to update the relational database
using the configuration of the home network system of the user to provide an offer to monetize a transaction between the user and a provider of the targeted advertisement;
determining an acceptance of the offer to monetize the transaction between the user and the provider;
select the targeted advertisement upon determination of the acceptance
However, Seibel discloses
using the configuration of the home network system of the user to provide an offer to monetize a transaction between the user and a provider of the targeted advertisement ([0020]-[0023] “allows data consumers (e.g.….marketing organizations…to obtain personal data from individuals or users…ensure that users are aware of the data being shared or obtained…consent is obtained from the users…individual users establish share policies in accordance with their personal preferences…may share their data with any data consumer that meets or satisfies the user’s criteria…may select a data consumer…price…allow users to be compensated for their personal data…preserving privacy and control of users over their own personal data…monetize their data…can extend to data generated by smart devices…allows users to control and monetize their personal data…” – users can monetize a transaction between the user and a provider of a targeted advertisement (e.g., the user can earn money paid by the marketer to access the user’s home network configuration data in order to target/match them with relevant targeted ads/recommendation), [0056]-[0058] & [0065]-[0068] user can interact with a GUI to view their data and system provides ability (i.e., offers them) to monetize access to their data, [0030] “the user may also be associated with devices…security camera, smart devices, IOT (internet of things) devices…These devices…associated with the user” & [0042] “smart home devices…connected to the same local area network…API…” - using the data representative of the determined configuration of the home network system of the user, [0088]-[0091] “marketing organizations…some individuals may be willing to share their personal data in exchange for…compensations such as cash…allows…marketing organizations to access…according to sharing policies…security company may want to market new products to homeowners that already own a home security system”, Examiner notes that the auction/matching process described in [0099]-[0102] & [0163]-[0172] can include an approval request sent to the user (e.g., requesting them to approve a marketer accessing certain data for a certain price once a match is found) which also constitutes providing them an offer to monetize the transaction, see also [0166])
determining an acceptance of the offer to monetize the transaction between the user and the provider; and ([0020]-[0023] “allows data consumers (e.g.….marketing organizations…to obtain personal data from individuals or users…ensure that users are aware of the data being shared or obtained…consent is obtained from the users…individual users establish share policies in accordance with their personal preferences…may share their data with any data consumer that meets or satisfies the user’s criteria…may select a data consumer…price…allow users to be compensated for their personal data…preserving privacy and control of users over their own personal data…monetize their data…can extend to data generated by smart devices…allows users to control and monetize their personal data…” – users establishing their criteria and requirements is an acceptance of an offer to monetize the transaction between the user and the provider (e.g., paid by the marketer to access the user’s home network configuration data in order to target/match them with relevant targeted ads/recommendation), [0056]-[0058] & [0065]-[0068] user can interact with GUI buttons to configure their sharing preferences amounts to determine the user accepted an offer to monetize the transaction, [0088]-[0091] “marketing organizations…some individuals may be willing to share their personal data in exchange for…compensations such as cash…allows…marketing organizations to access…according to sharing policies…security company may want to market new products to homeowners that already own a home security system”, Examiner notes that the auction/matching process described in [0099]-[0102] & [0163]-[0172] can include an approval request sent to the user (e.g., requesting them to approve a marketer accessing certain data for a certain price once a match is found) an a user response to this also constitutes determining an acceptance of the offer to monetize the transaction, see also [0166])
select the targeted advertisement to the user upon determination of the acceptance ([0059] “allow the clothing retailer to recommend products to the user”, [0088]-[0091] “marketing organizations…some individuals may be willing to share their personal data in exchange for…compensations such as cash…allows…marketing organizations to access…according to sharing policies…security company may want to market new products to homeowners that already own a home security system”)
Seibel suggests it is advantageous to include using the configuration of the home network system of the user to provide an offer to monetize a transaction between the user and a provider of the targeted advertisement, determining an acceptance of the offer to monetize the transaction between the user and the provider, and selecting the targeted advertisement to the user upon determination of the acceptance, because doing so can provide users with control over how the data associated with their smart/IOT device configuration is access and used, can improve user privacy protections, and can enable users to monetize their personal data by fairly compensating them for their information which improves user experience ([0004]-[0007], [0020]-[0024], and [0091]) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Eng to include using the configuration of the home network system of the user to provide an offer to monetize a transaction between the user and a provider of the targeted advertisement, determining an acceptance of the offer to monetize the transaction between the user and the provider, and selecting the targeted advertisement to the user upon determination of the acceptance, as taught by Seibel, because doing so can provide users with control over how the data associated with their smart/IOT device configuration is access and used, can improve user privacy protections, and can enable users to monetize their personal data by fairly compensating them for their information which improves user experience2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment.
Furthermore, one of ordinary skill in the art would have recognized that applying the known technique of Seibel to the method of Eng would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Seibel to the teaching of Eng would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to use the configuration of the home network system of the user to provide an offer to monetize a transaction between the user and a provider of the targeted advertisement, determine an acceptance of the offer to monetize the transaction between the user and the provider, and provide the targeted advertisement to the user upon determination of the acceptance. Further, applying this technique to the method of Eng would have been recognized by one of ordinary skill in the art as resulting in an improved system that would provide users with control over how the data associated with their smart/IOT device configuration is access and used, can improve user privacy protections, and can enable users to monetize their personal data by fairly compensating them for their information which would improve user experience/satisfaction.
Although Eng suggests periodically and automatically using a device discovery process to detect/discover devices (and/or their associated properties/usages) within the home network system of the user (i.e., determining a configuration of the home network system of the user) (see, for example, [0035] & [0038] & [0042] & [0028]), and although Eng suggests that the device reporting the existence/properties of the other devices in the network) may be a smart phone ([0016]-[0017] gateway device may be a computer or mobile phone), Eng does not appear to explicitly disclose wherein the device configuration discovery process involves extracting signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within the home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control, or updating the relational database using the signatures extracted from the API calls. It is noted that a controlling device is required to be a device that controls operation/functionality of another device in the home network via a remote control application and remote control application data obtained from an external remote control conjuration application. Under the broadest reasonable interpretation, the terms of the claim are presumed to have their plain meaning consistent with the specification (see [0003]-[0005] & [0021]-[0022] & [0085]-[0086] of the published disclosure) as it would be interpreted by one of ordinary skill in the art. Eng does not appear to disclose,
extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application; and using the signatures extracted from the API calls to update the relational database
However, Examiner notes that Applicant’s specification includes several indications of admitted prior art.
Paragraph [0005] of Applicant’s published specification refers to US Application 13/118,682 (Ogaz et al. and corresponding to U.S. PG Pub No. 2011/0302201, published December 8, 2011) and states that “systems and methods for using information obtained from a universal controlling device are also known in the art…. (Ogaz) describes a system wherein, once such controlling device setup has been successfully performed, information regarding a consumer' s appliance configuration gathered thereby may be advantageously used to provide additional services to the consumer, such as advice in the selection of additions or replacements to an existing equipment configuration, recommendations for preferred interconnections, etc.”.
Applicant’s specification also acknowledges in paragraph [0003] that “portable controlling devices capable of commanding the operation of multiple consumer appliances of different type and/or manufacture, such as universal remote controls, and the features and functions offered by such devices are also well known in the art….slave relay stations positioned to control appliances not situated in line of sight of the controlling device, etc. In some cases such controlling device functionality may be offered in the form of an app for installation on an existing smart device, said app comprising a GUI to be used in conjunction with supplemental hardware and/or firmware, built-in or external to the smart device, suitable for the generation of appliance command signals. In other cases, such controlling devices may be self-contained units specific to that purpose such as for example Neva® brand products from Universal Electronics Inc., or Harmony® brand products from Logitech Inc. Yet further, such controlling devices may be in the form of voice-enabled devices, such as the "NEVO BUTLER.".
Applicant’s published specification in paragraph [0021] also acknowledges prior art (published more than one year prior to the effective filing date of the claimed invention) that disclose wherein a smart device comprising universal remote control app communicates with an external remote control configuration application that provides to the remote control application data for configuring the remote control application (see “smart device…residential universal remote control app…smart device 102 may be capable of communicating with a server 124 via, for example a WiFi or cellular wireless access point 120 and a wide area network 122 such as the Internet or PSTN. Server 124 may support a database 126 comprising downloadable command codes and data, equipment setup configurations, appliance datasheet and compatibility information, recommendation database, etc. as required for a particular embodiment)
Finally, Applicant’s published specification in paragraphs [0055] and [0085] mentions that “Quick Set” involves extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application and using the signatures extracted from the API calls to update the relational database. Although Applicant’s disclosure does not state that “Quick Set” and/or Quickset Cloud is admitted prior art, “Smart Entertainment in the Smart Home” (cited below) shows that this system was available/known more than one year prior to the effective filing date of the claimed invention.
As discussed above, the Ogaz reference (Applicant-admitted prior art) and admitted prior art in [0003] and [0021] teach the claim limitations not taught by Eng, with the exception of the extraction of “signatures”. Rather than relying on this admitted prior art directly, Examiner is relying on “Smart Entertainment in the Smart Home” (cited below), which describes portions of these systems in more detail, and which also demonstrates that the “Quick Set” system mentioned in paragraphs [0055] and [0085] (which does explain that “Quick Set” involves extraction of signatures from API calls sent from apps on control devices to external server) was in fact disclosed and available to the public more than one year prior to the effective filing date of the claimed invention. It can be seen that the claimed mechanism for updated/creating a relational database storing installed device information for the home network was known more than one year prior to the effective filing date of the claimed invention. It is clear that the inventive concept lies not in how the configuration of the home network is determined, but with how this information is subsequently used to ultimately provide the advertisement.
“Smart Entertainment in the Smart Home” discloses
extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database
Applicant’s specification does not refer to, or otherwise mention, a “monitoring application” or a “remote control configuration application”. Applicant’s as-filed specification at para [0065] states “it is contemplated that the system may analyze usage data on the recommender (or device setup/configuration) services to obtain insight into the household, e.g., by monitoring API calls to a device configuration service, such as UEI's "QUICKSET" brand service…”. No additional details regarding the monitoring of the API calls are provided here. Para [0055] explains that signatures are extracted from API calls made to the UEI “Quick set” brand remote control configurator database, and that these signatures are used by a “Quick Set brand predictive module” for device discovery and for further analysis. Para [0085] states “The administration system, e.g., the system that, among other things, monitors API calls that are made to a configuration database, is preferably responsible for confirming a completion of the initial setup process by the seller for the new device. To this end, the administration system may provide, and the seller may utilize, the UEI "QUICK SET" Features described previously….The administration system may, for example, automatically perform device updates as the administration system learns of other devices being added to/removed from a home. Such updates can include providing a device with sets of command data, formats, and signals for use in controlling/communicating with such other devices in the home ecosystem.”. As such, Applicant explains the “administration system” is what monitors the API calls, the “administration system” provides the UEI "QUICK SET" features described, and that the “administration system” also provides the controlling device with remote control application data (sets of command data, formats, etc.) for configuring the controlling device. Figure 15 explains (in the center box) that an example of the “administration system” is the “UEI Quickset Cloud”. Fig 14 tag 1402 also reiterates this fact. In other words, Applicant’s disclosure states that the UEI Quickset Cloud is an example of both (e.g., via certain software components/layers/instructions within this software-based cloud system) the “monitoring application” that monitors the API calls to the “external, remote control configuration application” as well as the “external, remote control configuration application” itself. Software components/layers/instructions of the UEI Quickset Cloud are what constitute the “monitoring application” and “remote control configuration application”, and the UEI Quickset Cloud has these software components/layers/instructions.
Based on Applicant’s disclosure (as cited above), Examiner understands the “UEI Quickset Cloud” (e.g., via distinct software components/layers/instructions, perhaps within the same engine) as providing support for these “distinct” applications and their associated functions (e.g., extract signatures from API calls sent from a remote application to the external remote control configuration application, providing the remote control application data for configuring the remote control application). Such an interpretation is consistent with their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art.
“Smart Entertainment in the Smart Home” discloses numerous characteristics of the “UEI Quickset Cloud”. Page 5 of “Smart Entertainment in the Smart Home” includes a graphic and description of the “Discovery Engine” in the Quickset Cloud. It shows that “various device signatures…as an input” are received at the Quickset cloud from a host application, that these signatures are ultimately assessed by a discovery engine to calculate device fingerprints, use a knowledge graph to identify device information “such as device type, brand, model, control information”, merge the results, and ultimately return to the host application a device object including a device list and indications of “control info”. See screenshot below.
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Page 6 of “Smart Entertainment in the Smart Home” describes a “Predictive Engine” in the Quickset Cloud may use the same device signatures and meta data to ultimately provide control information to the host application such as supported protocols. See screenshot below.
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Page 6 and Page 7 show that the Quickset Cloud works in concert with Quickset (an SDK) on the host application (remote control application on a controlling device in the home network) and that the host application is what gathers the signatures of the devices on the network and then communicates with the Discovery Engine in the Quickset cloud (i.e., sends them) as part of device discovery and obtaining necessary control information. See screenshot below.
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Page 4 explains that the Discovery Engine and Predictive Engine may act together in the Quickset Cloud to “automatically identify connected devices” and “return(s)…control information”. This also reiterates that the Quickset SDK on the host application of the controlling device in the home network interfaces with Quickset Cloud as part of setting up the device. See screenshot below.
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Page 2 explains that the Quickset Cloud’s discovery and control capabilities are “available as simple web-based APIs” (i.e., the inputs to the Quickset Cloud, such as the device signatures, are sent via API calls), and that the controlling device within a home network on which the remote control application resides (and that communicates with Quickset Cloud) may be a televisions or set-top box that can control other smart home devices.
Page 1 further suggests that a “universal remote control” or mobile application could be the host application.
These features of the Quickset Cloud clearly align with Applicant’s argued feature, and further with the discussions of device discovery and signature extraction using QuickSet Cloud in paras [0055], [0065], and [0080] of Applicant’s disclosure. Device signatures are obtained (i.e., “extracted”) from API calls that are being sent from a host application (remote control application residing on a controlling device within a home network such as a televisions or set-top box or universal remote control) to the Discovery/Predictive/Control Engines of the Quickset Cloud, the Quickset Cloud obtains/extracts the device signatures from the input API calls as part of this process (i.e., it has programming/instructions constituting a “monitoring engine”), and the Discovery/Predictive/Control Engines (constituting an “external, remote control configuration application) provides remote control application data (e.g., control information, supported protocols) back to the host application (the “remote control application”).
Although “Smart Entertainment in the Smart Home” may not explicitly refer to a “monitoring engine” or “remote control configuration application”, it is clear from “Smart Entertainment in the Smart Home” that QuickSet Cloud includes programming/instructions for extracting signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and therefore that QuickSet Cloud has programming/instructions that constitute these applications. This is consistent with Applicant’s Application, which also does not explicitly refer to a “monitoring engine” or “remote control configuration application”, and which merely generally suggests that “UEI’s ‘QUICKSET’ brand service” conventionally sends API calls to a device configuration service (para [0065]), that an “administration system” such as “UEI Quickset Cloud” monitors the API calls that are made using the UEI Quick Set (paras [0085] and Fig 15) and extracts the signatures from these API calls as part of a process that identifies “from the extracted signatures…device’s information (like brand, model, device type…from the “QUICK Set’ brand predictive module…” (para [0055]).
“Smart Entertainment in the Smart Home” suggests it is advantageous to include extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database, because doing so can provide a flexible, effective, efficient, and user-friendly mechanism to discover a variety of different types/makes/models of devices (e.g., those having different brands or communication requirements) connected within a home network system (i.e., configuration of the home network system) in order to provide an accurate updated configuration of the home network, which can then be used to offer personalized recommendations/advertisements to a user that are more likely to be relevant to the user’s device/application needs (“Quickset Cloud” and “QuickSet” portions explain that “QuickSet discovery and control capabilities are available as simple web-based APIs enabling flexible integration” and it is used for “simplifying universal discovery, control, and interaction of devices within the home. First introduced in September 2009, QuickSet solution is a widely deployed technology powering major consumer electronic brands including set-top boxes, televisions, gaming consoles, smartphones, and tablets to enable effortless configuration and control of nearly any connected home entertainment device” and is interoperable with “with virtually every device within the home through a single point ( a universal remote control, a voice assistant, or a mobile application)” (i.e., control device) and uses a “comprehensive device knowledge graph, automatically discovers devices in the home and uncovers information such as type, brand, model details, and control information…using fingerprints across popular networks in the home”, see also in the “Smart Entertainment in the Smart Home” whitepaper which explains that the Quickset cloud “automatically discovers nearby devices through different communication mediums, generates unique fingerprints and matches them to the knowledge graph, to serve up a full range of capabilities” and in the Xfinity case study that “automatically reconfigures to address any changes in the consumer entertainment system, such as a purchase of new equipment, or rewiring of the audio/visual (AV) system” and later that “The solution is now capable of reaching further into devices, discovering expanded content metadata such as current playing media, installed applications, and services contained within a range of devices” that use of the signatures with the global device knowledge graph “makes it possible to detect the broadest possible range of data, from model and serial numbers to age and region, native video and audio formats, in addition to control capabilities and characteristics”. Finally, the whitepaper explains that use of the remote cloud server and continually updated database of the homes connected devices can “upport new and better experiences targeted at the connected home are necessary. These capabilities power a range of new possibilities for service providers to offer new and personalized services that can be used for monetization through advanced advertising, e-commerce and marketing application…Available devices, services and content within the home provide the necessary contextual awareness for better and more personalized services….available devices and services are used as signals to trigger a specific persona, such as a household with a specific brand of game console, or subscription to a specific streaming service, or a household in need of a TV system upgrade due to the age of their display…Upon the completion of initial device discovery on local networks, a solution can apply whatever scripts and protocols are needed to scan and index the content and apps hosted by nearby devices, including any content or apps that might be currently in use…When the user data is aggregated across devices and services using a unified discovery and control solution, that data can be used to generate personalized and contextual content recommendations…providers can improve the experience of their ads to be tuned to specific user or household interests and needs, derived from both user activity as well as the installed base of devices in the home. Nearby devices in a home can be a strong signal indicating preferences and needs. Such ads might be…based on discovered devices such as ads promoting games developed for a specific user’s game console…, the information identifying types of TV sets in use by any given household can be used by OEMs to avoid running ads promoting new TV models to people who already have them…These platforms can enable a unified one-touch control experience over multiple household platforms, capable of automatic discovery and control over any device regardless of communication protocol. The platform must: • Aggregate and present content and applications offered across devices in the home to power a unified and personalized dashboard; • Extend universal control mechanisms to mobile devices and voice assistants”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Eng in view of Siebel to include extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database, as taught by “Smart Entertainment in the Smart Home”, because doing so can provide a flexible, effective, efficient, and user-friendly mechanism to discover a variety of different types/makes/models of devices connected within a home network system (i.e., configuration of the home network system) in order to provide an accurate updated configuration of the home network, which can then be used to offer personalized recommendations/advertisements to a user that are more likely to be relevant to the user’s device/application needs.
Furthermore, as in “Smart Entertainment in the Smart Home”, it was within the capabilities of one of ordinary skill in the art to modify the method of Eng in view of Siebel to include extracting by a monitoring application signatures from application programming interface (API) calls sent from a remote control application resident on at least one controlling device within a home network system to an external, remote control configuration application that provides to the remote control application data for configuring the remote control application, and using the signatures extracted from the API calls to update the relational database. Furthermore, as in “Smart Entertainment in the Smart Home”, the results of doing so would have been predictable to one of ordinary skill in the art. It would have been predictable to one of ordinary skill in the art that because doing so would provide a flexible, effective, efficient, and user-friendly mechanism to discover a variety of different types/makes/models of devices connected within a home network system (i.e., configuration of the home network system) in order to provide an accurate updated configuration of the home network, which can then be used to offer personalized recommendations/advertisements to a user that are more likely to be relevant to the user’s device/application needs., as is needed in Eng.
With respect to claim 25, Eng teaches the method of claim 24;
wherein the advertisement is caused to be provided to the user via use of a display and/or audio device within the home network system of the user ([0016] “generate push notifications to deliver information to devices in the premises and/or to the mobile devices…formatting and inserting advertisements…”, [0026]-[0027] “notifications may comprise…device recalls…advertisements…may send the notification directly to a device in the household…and/or to the EQAN…which may be configured to combine the notification with content…and send the combined and notification to a device in the household…content sources may be configured to send…” – therefore the advertisement is caused to be provided to the user via use of a display and/or audio device within the home network system of the user, [0056]-[0057] “may cause the one or more notifications to be sent…”, see also [0075])
With respect to claim 26, Eng and Seibel teach the method of claim 24. Eng does not appear to disclose,
further comprising abstracting the configuration of the home network system of the user to remove therefrom information usable to identify the user before providing the configuration of the home network system to a remotely located server for use in verifying a compliance by the user with a condition for receiving the targeted advertisement
However, Seibel discloses
abstracting the configuration of the home network system of the user to remove therefrom information usable to identify the user before providing the configuration of the home network system to a remotely located server for use in verifying a compliance by the user with a condition for receiving the targeted advertisement ([0024] “personal data platform…the data may be stored…in a remote location…personal data…may be in an encrypted form…” – therefore the data (e.g., determined configuration of the home network system of the user) is encrypted (i.e., “abstracted…to remove therefrom information usable to identify the user) before sending to the remote storage/server – Examiner notes that although Seibel does disclose querying this data to determine profile matches for targeting with product recommendations/ads the phrase “for use in verifying a compliance by the user with a condition for receiving the targeted advertisement” represents an intended use and merits no patentable weight and cannot result in a patentable distinction over the cited prior art, [0043] “data received into the data platform…may be encrypted”, [0052]-[0053] “smart watch…data is encrypted and stored in the datasets of the data platform”, see also [0068] & [0072] & [0181] – Examiner notes that the embodiment wherein local inferences associated with the data are transmitted instead of the raw data (described in [0078]) also constitutes “abstracting” the configuration data to remove therefrom information usable to identify the user before providing the determined configuration of the home network system to a remotely located server, Examiner notes that the option to exclude personal identify an contact information in [0111] also reads on this limitation)
Seibel suggests it is advantageous to include abstracting the configuration of the home network system of the user to remove therefrom information usable to identify the user before providing the configuration of the home network system to a remotely located server for use in verifying a compliance by the user with a condition for receiving the targeted advertisement, because doing so can improve user privacy protections and data security ([0024], [0043], [0068] & [0072] & [0181], [0111].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Eng to include abstracting the configuration of the home network system of the user to remove therefrom information usable to identify the user before providing the configuration of the home network system to a remotely located server for use in verifying a compliance by the user with a condition for receiving the targeted advertisement, as taught by Seibel, because doing so can improve user privacy protections and data security2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment.
Furthermore, one of ordinary skill in the art would have recognized that applying the known technique of Seibel to the method of Eng would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Seibel to the teaching of Eng would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to include abstracting the configuration of the home network system of the user to remove therefrom information usable to identify the user before providing the configuration of the home network system to a remotely located server for use in verifying a compliance by the user with a condition for receiving the targeted advertisement. Further, applying this technique to the method of Eng would have been recognized by one of ordinary skill in the art as resulting in an improved system that would improve user privacy protections and data security.
With respect to claim 27, Eng teaches the method of claim 24;
further comprising selecting the targeted advertisement by using a predefined characteristic determined by an analysis of a characteristic of at least one of a product or service in the configuration of a home network system of the user ([0042]-[0051] “periodically determine if a notification should be sent…query the device identification database…for one or more specific device properties…query results may contain one or a plurality of device properties…based on the device properties, one or more notifications may be determined…may comprise an advertisement for that accessory product …notification may, based on the device properties indicating that the device is made by a certain manufacturer and/or has certain capabilities, advertise products that may be used with the device…current physical location of the device…notification may be based on the device properties of multiple devices…different devices in a household…advertise other devices also compatible…recently purchased a new smartphone and new speakers, a notification may comprise an advertisement for a smartphone dock which allows the user to easily connect the smartphone to the speakers” – therefore the targeted advertisement comprises an advertisement for at least one of a product or service having a predefined characteristic determined by an analysis of a characteristic of at least one of a product or service in the configuration of a home network system of the user (e.g., is compatible with at least one device based on device characteristic(s)), [0054] “notification may be based on a user profile…based on device identifications and/or device properties...may indicate that a user prefers mid-range smartphones…notification may comprise an advertisement for a new mid-range smartphone…associations made between multiple device properties corresponding to different devices…indication that the user prefers to use wireless audio products…the user lives in a household with multiple wireless speakers and wireless headphones…”, [0064] “…based on determining that at user has recently installed a number of networked security cameras, security-related products like new locks may be advertised”, [0068]-[0070] “determining whether a particular notification may apply…based on the device properties…determine one or more notifications…”, [0028] “develop a user profile…correlations between the user and/or user account and one or more device indications and/or device properties…determine…a user prefers a certain brand of smartphone based on storing device identifications…”)
v Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Eng in view of Seibel in view of “Smart Entertainment in the Smart Home”, as applied to claim 24 above, and further in view of Ogaz et al. (U.S. PG Pub No. 2011/0302201, December 8, 2011 - hereinafter "Ogaz”)
With respect to claim 28, Eng, Seibel, and “Smart Entertainment in the Smart Home” teach the method of claim 24. Eng does not appear to disclose,
further comprising using a connections discovery process to automatically determine at least one acquaintance of the user; and
using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user
However, Ogaz discloses determining successful completion of the initial setup process of a smart/Iot device and further using device discovery process to determine configuration of a user’s home IoT/smart device network and providing the user with advertisements based on the configuration linked to the initial setup. Ogaz further discloses
using a connections discovery process to automatically determine at least one acquaintance of the user; and (Fig 3 tag 310 and 320, Fig 4 tag 420, Fig 5 tag 500, Fig 9, [0008] “smart device application may also be operationally linked to a social networking account such as Facebook in order to obtain feedback and options from a consumer’s friends” – therefore the system uses a connections discovery process utilizing a social media application to automatically determine at least one acquaintance/contact of the user, [0023] “link a social networking account…friends…”,
using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user (Fig 5 tag 500 & [0010] & [0038] & [0043] one or more of the user’s friends/acquaintances also have the universal remote control app therefore the system also uses the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user just as it does for the user and these friends/acquaintances can also provide/receive recommendations and/or referrals to their other friends regarding suitable configuration additions/recommendations)
Ogaz suggests it is advantageous to include using a connections discovery process to automatically determine at least one acquaintance of the user; and using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user, because doing so can provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience (Fig 3 tag 310 and 320, Fig 4 tag 420, Fig 5 tag 500, Fig 9, [0008], [0023], [0038] & [0043]) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Eng in view of Seibel in view of “Smart Entertainment in the Smart Home” to include using a connections discovery process to automatically determine at least one acquaintance of the user; and using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user, as taught by Ogaz, because doing so can provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience 2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment.
Furthermore, one of ordinary skill in the art would have recognized that applying the known technique of Ogaz to the method of Eng in view of Seibel in view of “Smart Entertainment in the Smart Home” would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Ogaz to the teaching of Eng in view of Seibel in view of “Smart Entertainment in the Smart Home” would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to using a connections discovery process to automatically determine at least one acquaintance of the user; and using the device discovery process to automatically determine a configuration of a home network system of the acquaintance of the user. Further, applying this technique to the method of Eng would have been recognized by one of ordinary skill in the art as resulting in an improved system that would provide users with the ability to connect with and share knowledge/feedback with their friends/acquaintances regarding their home network configurations which may increase user satisfaction/convenience.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Aldrey et al. (U.S. PG Pub No. 2011/0161175, June 30, 2011) teaches using device discovery process to determine configuration of a user’s home IoT/smart device network and providing the user with advertisements based on the configuration.
Agarwal (U.S. PG Pub No. 2019/0362333, November 28, 2019) teaches a device discovery process that includes extracting from API calls information related to one or more devices, services and/or apps installed on the home network system of the user
Belimpasakis et al. (U.S. PG Pub No. 2009/0259515, October 15, 2009) teaches a device discovery process that includes extracting from API calls information related to one or more devices, services and/or apps installed on the home network system of the user.
Grant et al. (U.S. PG Pub No. 2019/0370401, December 5, 2019) teaches using device discovery process to determine a current configuration of a user’s home IoT/smart device network and providing the user with advertisements based on the configuration.
Blaikie III et al. (U.S. PG Pub No. 2020/0357024 November 12, 2020 - hereinafter "Blaikie”) discloses storing a home network configuration data using blockchain storage schema.
Rouland et al. (U.S. PG Pub No. 20200409690) teaches using device discovery process to determine a current configuration of a user’s home IoT/smart device network using data extracted from API calls
Dresti et al. (U.S. PG Pub No. 2003/01030880) teaches a remote control application on a remote control device that programmed to control devices on the network. Discloses a database of devices on the home network system.
Conclusion
No claim is allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DETWEILER whose telephone number is (571)272-4704. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM ET.
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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621