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 .
1. Claims 2-21 are presented for examination and claim 1 is cancelled.
Specification
2. 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112.
Examples of some unclear, inexact or verbose terms used in the specification are: Par. [0118], “miniPC” should be --mini PC--; Par [0132], “distributed ledger technologies (DTL)” should be --distributed ledger technologies (DLT)--; Par. [300], “PullyRPM” should be –PulleyRPM--.
Claim Rejections - 35 USC § 101
3. Claims 2-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the broadest reasonable interpretation of the “computer implemented” encompasses signals per se. The specification of US publication 2024/0364575 A1 discloses that Par. [0005, [0019] “a computer implemented method for managing a plurality of Internet of Things (IoT) enabled devices within a specialized software architecture” which is unclear if hardware or signal. For this reason, a claim whose BRI covers both statutory and non-statutory embodiments embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. See MPEP 2106.03(II). Accordingly, claims 2-21 fails to recite statutory subject matter under 35 U.S.C. 101. It is suggested that claim 2 be amend to recite a “non-transitory” computer implemented to overcome this rejection.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,888,675. Although the claims at issue are not identical, they are not patentably distinct from each other because the instate claims are anticipated by the Parent US patent claims as shown below:
Parent US Patent 11,888,675
Instate US Patent Application 18/537,642
A computer implemented method for managing a plurality of Internet of Things (IOT) enabled devices within a software architecture to initiate and execute at least one action, the computer implemented method comprising:
receiving, from one or more input/output data streams, one or more data values;
generating, by the software architecture, a web-based dynamic user interface configured to modify, via user input, one or more of the Avatars, field variables, computed variables, Automatons, and Shareables, wherein the web-based dynamic user interface comprises one or more user interface widgets comprising an input/output data stream of the one or more input/output data streams;
analyzing, by the software architecture, the one or more data values to determine at least one action to be initiated, wherein the software architecture is configured to:
model one or more entities of a system, wherein the system comprises a plurality of devices, wherein each of the one or more entities comprises a part of a device, a device, one or more devices of the system, or the system, wherein each of the one or more entities is modelled as an Avatar, and wherein each Avatar comprises a logical representation of an entity of the one or more entities;
set one or more field variables corresponding to the one or more data values, wherein the one or more input/output data streams transmit the one or more data values received from hardware coupled to the one or more entities, internal software of the software architecture, or external service installations;
define one or more computed variables, wherein each of the one or more computed variables is defined by the one or more field variables, one or more other computed variables, and/or one or more other data variables received from the one or more input/output data streams;
define one or more Automatons corresponding to one or more Avatars, wherein each Automaton of the one or more Automatons delineates a state, behavior, or status of at least one of the one or more Avatars, wherein the state, behavior, or status are determined by at least one field variable or computed variable; and
define one or more Shareables, wherein the one or more Shareables comprise one or more Avatars or Automatons to be shared between one or more peers of the specialized software architecture;
claim 2. The computer implemented method of claim 1, wherein the one or more peers comprise an architecture host, wherein the architecture host exposes the one or more Shareables to one or more architecture clients.
initiating the at least one action by transmitting instructions, via the one or more input/output data streams, to hardware coupled to at least one entity, the internal software of the specialized software architecture, or at least one external service installation, and
executing the at least one action via one or more field actuations of the hardware, wherein the computer comprises a computer processor and a memory.
2. (New) A computer implemented method for managing a plurality of Internet of Things (IOT) enabled devices to initiate and execute at least one action, the computer implemented method comprising:
receiving, from one or more input/output data streams, one or more data values;
generating, by a computer, a web-based user interface configured to modify one or more of the Avatars, field variables, computed variables, Automatons, and Shareables, wherein the web-based user interface comprises one or more user interface widgets comprising an input/output data stream of the one or more input/output data streams;
analyzing, by the computer, the one or more data values to determine at least one action to be initiated, wherein the computer is configured to:
model one or more entities of a system, wherein the system comprises a plurality of devices, wherein each of the one or more entities comprises a part of a device, a device, one or more devices of the system, or the system, wherein each of the one or more entities is modelled as an Avatar, and wherein each Avatar comprises a logical representation of an entity of the one or more entities;
set one or more field variables corresponding to the one or more data values, wherein the one or more input/output data streams transmit the one or more data values received from hardware coupled to the one or more entities, internal software of the computer, or external service installations;
define one or more computed variables, wherein each of the one or more computed variables is defined by the one or more field variables, one or more other computed variables, and/or one or more other data variables received from the one or more input/output data streams; and
define one or more Automatons corresponding to one or more Avatars, wherein each Automaton of the one or more Automatons delineates a state, behavior, or status of at least one of the one or more Avatars;
3. (New) The computer implemented method of Claim 2, wherein the wherein the computer is further configured to define one or more Shareables, wherein the one or more Shareables comprise one or more Avatars or Automatons to be shared between one or more peers of the computer, wherein the one or more peers comprise an architecture host, wherein the architecture host exposes the Shareable to one or more architecture clients.
initiating the at least one action by transmitting instructions, via the one or more input/output data streams, to hardware coupled to at least one entity, the internal software of the computer, or at least one external service installation; and
executing the at least one action via one or more field actuations of the hardware, wherein the computer comprises a computer processor and a memory.
Dependent claims 4-20
Dependent claims 4-21, respectively.
In addition, claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,282,612. Although the claims at issue are not identical, they are not patentably distinct from each other because the instate claims are anticipated by the Parent US patent claims as shown below:
Parent US Patent 11,282,612
Instate US Patent Application 18/537,642
1. A computer implemented method for managing a plurality of Internet of Things (IoT) enabled devices within a specialized software architecture, the computer implemented method comprising:
receiving, from one or more input/output data streams, one or more data values;
analyzing, by the specialized software architecture, the one or more data values to determine at least one action to be initiated, wherein the specialized software architecture is configured to:
model one or more entities of a system, wherein the system comprises a plurality of devices, wherein each of the one or more entities comprises a part of a device, a device, two or more devices, or the system, wherein each of the one or more entities is modeled as an Avatar, and wherein each Avatar comprises a logical representation of an entity of the one or more entities;
set one or more field variables corresponding to the one or more data values, wherein the one or more input/output data streams transmit the one or more data values received from hardware coupled to the one or more entities, internal software of the specialized software architecture, or external service installations;
define one or more computed variables, wherein each of the one or more computed variables is defined by the one or more field variables, one or more other computed variables, and/or one or more other data variables received from the one or more input/output data streams;
define one or more Automatons corresponding to one or more Avatars, wherein each Automaton of the one or more Automatons delineates a state, behavior, or status of at least one of the one or more Avatars and define the at least one action to be initiated by the specialized software architecture in the event of a change in the state, behavior, or status of the at least one Avatar, wherein the state, behavior, or status and the change in the state behavior, or status are determined by at least one field variable or computed variable; and
define one or more Shareables, wherein the one or more Shareables comprise one or more Avatars or Automatons to be shared between one or more peers of the specialized software architecture, wherein each peer comprises a single installation of the specialized software architecture on a computer; and
initiating the at least one action by transmitting instructions, via the one or more input/output data streams, to hardware coupled to at least one entity, the internal software of the specialized software architecture, or at least one external service installation,
wherein the computer comprises a computer processor and a memory.
2. (New) A computer implemented method for managing a plurality of Internet of Things (IOT) enabled devices to initiate and execute at least one action, the computer implemented method comprising:
receiving, from one or more input/output data streams, one or more data values;
generating, by a computer, a web-based user interface configured to modify one or more of the Avatars, field variables, computed variables, Automatons, and Shareables, wherein the web-based user interface comprises one or more user interface widgets comprising an input/output data stream of the one or more input/output data streams;
analyzing, by the computer, the one or more data values to determine at least one action to be initiated, wherein the computer is configured to:
model one or more entities of a system, wherein the system comprises a plurality of devices, wherein each of the one or more entities comprises a part of a device, a device, one or more devices of the system, or the system, wherein each of the one or more entities is modelled as an Avatar, and wherein each Avatar comprises a logical representation of an entity of the one or more entities;
set one or more field variables corresponding to the one or more data values, wherein the one or more input/output data streams transmit the one or more data values received from hardware coupled to the one or more entities, internal software of the computer, or external service installations;
define one or more computed variables, wherein each of the one or more computed variables is defined by the one or more field variables, one or more other computed variables, and/or one or more other data variables received from the one or more input/output data streams; and
define one or more Automatons corresponding to one or more Avatars, wherein each Automaton of the one or more Automatons delineates a state, behavior, or status of at least one of the one or more Avatars;
3. (New) The computer implemented method of Claim 2, wherein the wherein the computer is further configured to define one or more Shareables, wherein the one or more Shareables comprise one or more Avatars or Automatons to be shared between one or more peers of the computer, wherein the one or more peers comprise an architecture host, wherein the architecture host exposes the Shareable to one or more architecture clients.
initiating the at least one action by transmitting instructions, via the one or more input/output data streams, to hardware coupled to at least one entity, the internal software of the computer, or at least one external service installation; and
executing the at least one action via one or more field actuations of the hardware, wherein the computer comprises a computer processor and a memory.
Dependent claims 3-20
Dependent claims 2-21, respectively.
Allowable Subject Matter
5. Claims 2-21 would be allowable if rewritten or amended to overcome the 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written, rejection(s) under 35 U.S.C. 101, and rejection(s) under Double Patenting, set forth in this Office action.
The allowability of the independent of claim 2, resides, at least in part, in that closest prior art of Yoon et al. (US 20150347114 A1) discloses computer implemented method for managing a plurality of Internet of Things (IOT) enabled devices to initiate and execute at least one action ([0003], [0058, Fig. 1, Fig. 2, Fig.6, various things or IoT devices connected to the Internet, a software stack of a control device for controlling IoT device), the computer implemented method comprising:
receiving, from one or more input/output data streams (an input/output interface, 450, 750), one or more data values (Abstract, Fig. 7, receive at least a portion of the software program related to the first external electronic device from the server through the communication interface, and [0098], control device 110 may serve as a gateway that collects data from the IoT devices 120 to 130 and forwards the collected data to other devices (for example, a server or other gateway devices) on an external network through the Internet 140);
generating, by a computer, a web-based user interface (Abstract, provide a user interface to the display using the installed at least a portion of the software program) configured to modify one or more of the Avatars, field variables, computed variables, Automatons, and Shareables ([0190], Fig. 1, Fig. 4, Fig. 8, the database manager 846 may create, search, or change a database that will be used in at least one of the applications 870. The package manager 847 may manage installation or updating of an application, which is distributed in a form of a package file),
analyzing, by the computer, the one or more data values to determine at least one action to be initiated ([0015], [0016], determine a location of the first external electronic device, and transmit information on the location to the second external electronic device. The storage device may store a single application program for control of a plurality of external electronic devices, and store instructions that, by an operation of the application processor),
model one or more entities of a system (Fig. 1, control device), wherein the system comprises a plurality of devices (Fig. 1, a control device 110 connected to the Internet 140, various IoT devices 120 to 130), wherein each of the one or more entities comprises a part of a device, a device, one or more devices of the system, or the system ([0090], [0095], [0096], a control device 110 connected to the Internet 140, various IoT devices 120 to 130, the control device 110 may include at least one of a home networking controller, a set-top box, a media device (for example, Samsung Home Sync®, Google TV®, Apple TV®), a game console (for example, Microsoft XBOX®, Sony Play Station®), a network access point, a security control panel, or a home climate controller, or any combination thereof),
executing the at least one action via one or more field actuations of the hardware ([0044], a memory that stores instructions, which when executed by an operation of the application processor, instruct the electronic device to acquire information on a first external electronic device),
set one or more field variables corresponding to the one or more data values ([0213] The sensor module 940 may meter a physical quantity or detect a state of the electronic device 900, and convert metered or detected information into an electrical signal), wherein the one or more input/output data streams transmit the one or more data values received from hardware coupled to the one or more entities, internal software of the computer, or external service installations (Fig. 9, Fig. 10A-10B, [0219], the electronic device 900 may receive a user input from an external device (e.g., a computer or a server) connected to the electronic device 900 using the communication module 920);
define one or more computed variables ([0222], measure a level of the battery 996, a voltage during charging, an electric current, and/or a temperature), wherein each of the one or more computed variables is defined by the one or more field variables, one or more other computed variables, and/or one or more other data variables ([0222], the measured data from the battery gauge); received from the one or more input/output data streams (using the communication module 920);
initiating the at least one action by transmitting instructions, via the one or more input/output data streams, to hardware coupled to at least one entity, the internal software of the computer, or at least one external service installation (Abstract, [0011], [0015], the memory stores instructions controlling the electronic device to acquire information on a first external electronic device, access a server storing a software program related to the first external electronic device, receive at least a portion of the software program related to the first external electronic device from the server through the communication interface, install the at least a portion of the software program, transmit the at least a portion of the information on the first external electronic device); and
wherein the computer comprises a computer processor and a memory ([0005], an electronic device is provided, which can include a wireless communication interface, a memory, a display, and an application processor).
In addition, Desai (US 20140129438 A1) discloses wherein the web-based user interface (Fig. 3, mobile device display) comprises one or more user interface widgets (Fig. 3, widgets 308) comprising an input/output data stream (Fig. 3, two-way commination) of the one or more input/output data streams ([0076], Fig. 3, Fig. 4, [0097], [0095]).
However, the prior arts fail to disclose or suggest, alone or in combination, the entities is modelled as an Avatar, and wherein each Avatar comprises a logical representation; and one or more Automatons corresponding to one or more Avatars, wherein each Automaton of the one or more Automatons delineates a state, behavior, or status of at least one of the one or more Avatars; in combination with the other elements and features of the claimed invention.
As claims 3-21 are directly or indirectly dependent on claim 2, those claims are also allowable at least by virtue of their dependency.
Citation Pertinent prior art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nathan et al. (US20170339123A1) discloses systems and methods for authenticating an avatar are provided. This system is useful with an avatar having an identifier, virtual environments, and a user who uses the avatar in the virtual environments. Transoms are generated, each with a unique identifier configured to exist in a specific location, and registered with an identity provider.
Chang et al. (US20140068462A1) discloses systems, methods, and apparatuses are directed to facilitating avatar representation of users within proximity using approved avatars. In one embodiment, logic may be configured to determine communication devices that are within a proximity threshold.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIDEST WORKU/Primary Examiner, Art Unit 2119