DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was received on November 27, 2023 (11/27/2023). Accordingly, the information disclosure statement was considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Such claims presumed as invoking 35 U.S.C. 112(f) are Claims 1-8 using the term “unit” in limitations such as “signal acquisition unit”, “radio field strength acquisition unit”, “analysis unit”, “data acquisition unit”, “notification unit” and “storage unit”
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to a “communication program executed by a communication system comprising an external device, an external server, and a communication device that acquires an output signal from the external device and transmits it to the external server” without an accompanying embodiment or medium, therefore the claim is directed to software per se and is not directed to statutory subject matter. To overcome this rejection, examiner suggests amending the limitations to recite a non-transitory embodiment, as supported by the specification.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 6-8, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et. al (US 2017/0270776).
Regarding Claim 1, Wu teaches a communication device that acquires an output signal from an external device and transmits it to an external server (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data”), the communication device comprising: a signal acquisition unit configured to acquire an output signal from the external device; (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), a communication unit configured to transmit the output signal acquired by the signal acquisition unit to the external server (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), and an analysis unit configured to acquire a radio field strength of the signal transmitted from the communication unit to the external server and analyzes a communication environment between the communication unit and the external server (Fig. 1, 3 Par. [0034] "According to the embodiment of the invention, a network connection is established between wireless base station 200 and server 300. The wireless base station goes to step S21 from step S2: continuously monitoring or scanning whether the sensor is within its communication range. Then the step goes to the step S22: receiving the wireless messages. If a valid wireless message is received, the step goes to step S23: analyzing the RSSI (received signal strength indicator)").
Regarding Claim 2, Wu teaches a communication system, comprising an external device, an external server, and a communication device that acquires an output signal from the external device and transmits it to the external server, (Fig. 1 Par. [0023] "The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection"), a signal acquisition unit configured to acquire an output signal from the external device (Fig. 1 Par. [0023] The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection), a communication unit configured to transmit the output signal acquired by the signal acquisition unit to the external server (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), and a radio field strength acquisition unit configured to acquire a radio field strength of the output signal transmitted from the communication unit, (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), and the external server (Par. [0023] “The wireless base station 100 sends the server contact report to the server 300 via network connection”), has: a data acquisition unit configured to acquire data about the output signal and the radio field strength from the communication unit of the communication device; (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), and an analysis unit configured to analyze a communication environment between the communication device and the external server on the basis of a magnitude of the radio field strength (Par. [0024] “Server 300 comprises a locating engine 301, a database 302, and an alarm module 303. The locating engine 301 holds the deployment information of the wireless base stations. The locating engine 301 calculates the location of the wireless sensor 100 according to the sensor contact reports, which comprising sensor identity, RSSI, and the sensing data. The database 302 records the locating of the wireless sensor 100 and the sensing data 102. The alarm module 303 monitors whether the sensing data and sensor's location is matching a preset criterion or not. If the preset criterion fulfills, the alarm module publishes a warning notification to administrators”).
Regarding Claim 6, Wu teaches the invention of Claim 2, further comprising the external server further has a notification unit that notifies a user of an analysis result for the communication environment in the analysis unit (Par. [0024] “Server 300 comprises a locating engine 301, a database 302, and an alarm module 303. The locating engine 301 holds the deployment information of the wireless base stations. The locating engine 301 calculates the location of the wireless sensor 100 according to the sensor contact reports, which comprising sensor identity, RSSI, and the sensing data. The database 302 records the locating of the wireless sensor 100 and the sensing data 102. The alarm module 303 monitors whether the sensing data and sensor's location is matching a preset criterion or not. If the preset criterion fulfills, the alarm module publishes a warning notification to administrators”).
Regarding Claim 7, Wu teaches the invention of Claim 2, further comprising the analysis unit uses RSSI (received signal strength indicator) or RSRP (reference signal received power) data as the data for analysis using radio field strength (Fig. 21, Par. [0331] “At step 2108, the first antenna system can be configured to compare a performance measurement such as a signal strength (e.g., a receive signal strength indication or RSSI), signal to noise ratio, signal to noise and interference ratio, data error rate, packet loss rate, retransmission rate or other performance measurements of the first wireless signal 2124 and a performance measurement of the second wireless signal 2122”).
Regarding Claim 8, Wu teaches the invention of Claim 2, further comprising, the external server further has a storage unit configured to store data about the output signal and the radio field strength acquired by the data acquisition unit (Par. [0024] “Server 300 comprises a locating engine 301, a database 302, and an alarm module 303. The locating engine 301 holds the deployment information of the wireless base stations. The locating engine 301 calculates the location of the wireless sensor 100 according to the sensor contact reports, which comprising sensor identity, RSSI, and the sensing data. The database 302 records the locating of the wireless sensor 100 and the sensing data 102. The alarm module 303 monitors whether the sensing data and sensor's location is matching a preset criterion or not. If the preset criterion fulfills, the alarm module publishes a warning notification to administrators” and Par. [0050] “The locating engine stories the locating position information of the wireless base station, and calculates the location position of the wireless sensor according to the sensor identity, the RSSI and the locating position information”).
Regarding Claim 10, Wu teaches a communication method that makes use of a communication system comprising an external device, an external server, and a communication device that acquires an output signal from the external device and transmits it to the external server (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection"), the method comprising: a signal acquisition step in which a signal acquisition unit of the communication device acquires an output signal from the external device; (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data"), a communication step in which a communication unit of the communication device transmits the output signal acquired by the signal acquisition unit to the external server (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”),
a radio field strength acquisition step in which a radio field strength acquisition unit of the communication device acquires the radio field strength of the output signal transmitted from the communication unit (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection"), a data acquisition step in which a data acquisition unit of the external server acquires data about the output signal and the radio field strength from the communication unit of the communication device (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection"), and an analysis step in which an analysis unit of the external server analyzes a communication environment between the communication device and the external server on the basis of a magnitude of the radio field strength (Par. [0024] “Server 300 comprises a locating engine 301, a database 302, and an alarm module 303. The locating engine 301 holds the deployment information of the wireless base stations. The locating engine 301 calculates the location of the wireless sensor 100 according to the sensor contact reports, which comprising sensor identity, RSSI, and the sensing data. The database 302 records the locating of the wireless sensor 100 and the sensing data 102. The alarm module 303 monitors whether the sensing data and sensor's location is matching a preset criterion or not. If the preset criterion fulfills, the alarm module publishes a warning notification to administrators").
Regarding Claim 11, Wu teaches a communication program executed by a communication system comprising an external device, an external server, and a communication device (Fig. 1, Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data”), that acquires an output signal from the external device and transmits it to the external server (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), the program causing a computer to execute a method comprising: a signal acquisition step in which a signal acquisition unit of the communication device acquires an output signal from the external device; (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data”), a communication step in which a communication unit of the communication device transmits the output signal acquired by the signal acquisition unit to the external server; server (Fig. 1 Par. [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), a radio field strength acquisition step in which a radio field strength acquisition unit of the communication device acquires the radio field strength of the output signal transmitted from the communication unit (Fig. 1 [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), and the external server (Par. [0023] “The wireless base station 100 sends the server contact report to the server 300 via network connection”), a data acquisition step in which a data acquisition unit of the external server acquires data about the output signal and the radio field strength from the communication unit of the communication device; (Fig. 1 [0023] “The wireless base station 200 receives the wireless messages from wireless sensor 100 and make a sensor contact report, which comprising the sensor identity, received signal strength indicator (RSSI), and the sensing data. The wireless base station 100 sends the server contact report to the server 300 via network connection”), and an analysis step in which an analysis unit of the external server analyzes a communication environment between the communication device and the external server on the basis of a magnitude of the radio field strength (Par. [0024] “Server 300 comprises a locating engine 301, a database 302, and an alarm module 303. The locating engine 301 holds the deployment information of the wireless base stations. The locating engine 301 calculates the location of the wireless sensor 100 according to the sensor contact reports, which comprising sensor identity, RSSI, and the sensing data. The database 302 records the locating of the wireless sensor 100 and the sensing data 102. The alarm module 303 monitors whether the sensing data and sensor's location is matching a preset criterion or not. If the preset criterion fulfills, the alarm module publishes a warning notification to administrators”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3, 5, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et. al (US 2017/0270776) in view of Henry et. al (US 2018/0123706)
Regarding Claim 3, Wu teaches the invention of Claim 2, except the following, which in the same field of endeavor, Henry teaches- wherein an analysis unit determines that the communication environment has deteriorated if the radio field strength acquired by the data acquisition unit is lower than an average value of past radio field strengths by at least a specific threshold (Fig. 21, Par. [0338] “Method 2100 can also be used when more than one intermediate antenna system experiences an operational fault as illustrated in FIG. 21C. In this illustration the second and third antenna systems (N2, N3) experience a fault. The first antenna system (N1) can determine that the second antenna system (N2) is experiencing a fault when the RSSI measurement of the second antenna system (N2) falls below a first RSSI threshold used to analyze the second antenna system (N2)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Henry’s fault reporting system with Wu’s communication system to produce an expected result of efficiency in detecting faults in a communication environment.
Regarding Claim 5, Wu teaches the invention of Claim 2, except the following, which in the same field of endeavor, Henry further teaches, the analysis unit determines that the communication environment has deteriorated if data loss has occurred at least a specific number of times when receiving the output signal acquired by the data acquisition unit (Fig. 16A, 16B, 17A, Par. [0184] “In one embodiment, a duration threshold and a frequency of occurrence threshold can be used at step 1710 to determine when a disturbance adversely affects communications in the communication system 1655. For illustration purposes only, assume a duration threshold is set to 500 ms, while a frequency of occurrence threshold is set to 5 disturbances occurring in an observation period of 10 sec. Thus, a disturbance having a duration greater than 500 ms will trigger the duration threshold. Additionally, any disturbance occurring more than 5 times in a 10 sec time interval will trigger the frequency of occurrence threshold”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Henry’s disturbance detection using a frequency of occurrence with Wu’s communication system to produce an expected increase in the accuracy of detecting a disturbance in a communication environment.
Regarding Claim 9, Wu teaches the invention of Claim 2, except the following, which in the same field of endeavor, Henry further teaches, the external device includes either a weather sensor that acquires weather data, a power monitoring sensor that acquires power information, or an agricultural sensor that acquires information from equipment that grows crops (Fig. 16A, Par. [0170] “Referring now to the sensors 1604 of the waveguide system 1602, the sensors 1604 can comprise one or more of: a temperature sensor 1604a, a disturbance detection sensor 1604b, a loss of energy sensor 1604c, a noise sensor 1604d, a vibration sensor 1604e, an environmental (e.g., weather) sensor 1604f, and/or an image sensor 1604g” Par. [0175] “The loss of energy sensor 1604c can be used to detect when the waveguide system 1602 has a loss of power condition and/or the occurrence of some other malfunctions. For example, the loss of energy sensor 1604c can detect when there is a loss of power due to defective solar cells, an obstruction on the solar cells that causes them to malfunction, loss of power on the power line 1610, and/or when the backup power system malfunctions due to expiration of a backup battery, or a detectable defect in a super capacitor” Par. [0178] “The environmental sensor 1604f can include a barometer for measuring atmospheric pressure, ambient temperature (which can be provided by the temperature sensor 1604a), wind speed, humidity, wind direction, and rainfall, among other things”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate Henry’s weather and power sensors with Wu’s communication system to produce an expected improvement in determining if a communication environment has experienced a fault.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et. al (US 2017/0270776 in view Henry et. al (US 2018/0123706) in further view of Grandi et al. (US 2017/0269790).
Regarding Claim 4, Wu in view of Henry teaches the invention of Claim 3, except the following, which in the same field of endeavor, Grandi teaches the communication system further comprises the analysis unit updates the threshold by averaging the radio field strength acquired during a specific period in which the data acquisition unit was able to receive the output signal properly (Figs. 1, 3, 4, 5, Par. [0033] “In block 424 of FIG. 5, the mobile compute device 110 compares the counter to a predefined threshold value to determine whether the counter satisfies the predefined threshold value…. As indicated in block 430, in the illustrative embodiment, the mobile compute device 110 determines the threshold signal strength value as an average signal strength when the hand associated with the wearable device 120 is holding the mobile compute device 110. For example, if the user held the mobile compute device 110 three separate times with the hand that is associated with the wearable device 110, the mobile compute device 110 may determine the average of the measured signal strengths from the three separate times and store the average as the threshold signal strength value in the settings 302”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Grandi’s signal strength updating threshold with Wu’s communication system and Henry’s fault determining system to produce an expected improvement in managing signal strength measurement in a communication environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Galan et al. (US 10361798) discloses “In other embodiments, the electronic processor 104 receives a plurality of received signal strength indications for the self-quieting signal. In other embodiments, the electronic processor 104 receives a plurality of received signal strength indications from multiple self-quieting signal frequencies or channels in a redundant system to reduce signal strength indications errors caused by external interference, and other environmental conditions. In such embodiments, the electronic processor 104 calculates an average received signal strength indication for the self-quieting signal or signals based on the plurality of received signal strength indications” (Par. 31).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH NGHIA DINH whose telephone number is (571)272-5607. The examiner can normally be reached Mon. - Fri. 7:30AM-5PM.
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/J.N.D./Examiner, Art Unit 2641
/CHARLES N APPIAH/Supervisory Patent Examiner, Art Unit 2641