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 references listed in the Information Disclosure Statement, filed on 25 March 2024, have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B forms).
Claim Objections
Claims 1, 9, 13, 14, 23, 24, 25 are objected to because of the following informalities:
It is noted, with respect to claims 1 and 13, that the claimed language merely suggests or makes optional those features described as “intended to”; such language does not require steps to be performed nor limits the claim to a particular structure.
Regarding claim 9, there is insufficient antecedent basis for the claimed limitation “the incoming data” in line 2.
Regarding claim 14, it is suggested to spell out the acronyms “LoRa” and “MIOTY” in line 2.
Regarding claim 23, it is unclear what is meant by the claimed limitation “mapping information from a bottom level of a transmission frame”. For the examination under the merits, the claim will be interpreted as best understood.
Claim 24 is directed to a gateway, which is considered a machine. A machine is defined as “a concrete thing, consisting of parts, or of certain devices and combination of devices” (MPEP 2106). However, the body of the claim does not consist of at least two parts/components. In this case, claim 24 consists of “one transceiver” and “gateway software”, where the gateway software is not considered a physical part/component.
Claim 25 is directed to a shared-usage tertiary infrastructure, which is considered a machine. A machine is defined as “a concrete thing, consisting of parts, or of certain devices and combination of devices” (MPEP 2106). However, the body of the claim does not consist of at least two parts/components.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 6, 8, 12, 15, 16, 22, 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, there is insufficient antecedent basis for the claimed limitation “said transmission technologies” in line 15.
Regarding claim 8, it is unclear whether the claimed limitation “a network infrastructure” in line 1 is to be the same as or different from the “a network infrastructure” occurrence in claim 1.
Regarding claim 8, there is insufficient antecedent basis for the claimed limitation “said intended head-end system” in line 8.
Regarding claim 15, it is unclear whether the claimed limitation “a gateway” in line 1 is to be the same as or different from the “a gateway” occurrence in claim 1.
Regarding claim 15, it is unclear whether the claimed limitation “a network infrastructure” in line 2 is to be the same as or different from the “a network infrastructure” occurrence in claim 1.
Regarding claim 16, there is insufficient antecedent basis for the claimed limitation “said managed network nodes” in line 3.
Regarding claims 6, 12, 15, 22, 25, it is unclear whether the claimed limitation “said transmission technologies” has sufficient antecedent basis based on the current issue with claim 1.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6-14, 24-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Deshmukh (PG Pub US 2021/0392604 A1).
Regarding claim 1, Deshmukh discloses an arrangement of a network infrastructure.
a gateway having at least one transceiver (gateway 140, fig. 1, where the transceiver is implied);
a primary communication path (fig. 1: path from endpoint device 110 to gateway 140) and tertiary communication paths (fig. 1: paths from gateway 140 to headend systems 120);
at least one network node (endpoint device 110, fig. 1) using a transmission technology (“another communication protocol utilized by the endpoint device 110” [0065], [0027]), said at least one network node communicating with said gateway over said primary communication path (“the gateway acts as an intermediate node for the endpoint device, and possibly for other endpoint devices 110, such that the gateway 140 passes communicates between the endpoint device 110 and other devices” [0026]);
said at least one transceiver configured to communicate by said transmission technology used by said at least one network node (“another communication protocol utilized by the endpoint device 110” [0065], [0027]);
at least one head-end system (headend system 120, fig. 1), said gateway communicating with said at least one head end system over said tertiary communication paths (“the gateway 140 receives that communication from the endpoint device 110 and directs that communication to the headend system 120” [0026], “the services of multiple headend systems 120” [0020]);
a shared-usage tertiary infrastructure intended for said tertiary communication paths, said shared-usage tertiary infrastructure intended to provide central network services (“The central system acts as a headend system that manages services provided to the node” [0003] “enabling the endpoint device 110 to access the services of the headend systems 120 over the network 105. Through network registration, the endpoint device 110 presents itself to the various headend systems 120, which provide the endpoint device 110 with parameters, if any, needed to utilize the respective services of the headend systems 120” [0059]); and
said shared-usage tertiary infrastructure providing specific network services for said transmission technologies in said primary communication path (“enabling the endpoint device 110 to access the services of the headend systems 120 over the network 105. Through network registration, the endpoint device 110 presents itself to the various headend systems 120, which provide the endpoint device 110 with parameters, if any, needed to utilize the respective services of the headend systems 120” [0059], “the respective parameters transmitted by that headend system 120 may describe the communication protocol to be used in communications with that headend system 120” [0066]).
Regarding claim 2, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses said at least one network node is at least one of a sensor, a consumption meter or an end device (“endpoint device 110 is a utility meter” [0020], “the endpoint device 110 includes one or more sensors” [0064]).
Regarding claim 3, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses said gateway includes software for handling said transmission technology used by said at least one network node (“Suitable computing devices include multipurpose microprocessor-based computer systems accessing stored software (i.e., computer-readable instructions stored on a memory of the computer system) that programs or configures the computing system” [0091], [0026]).
Regarding claim 6, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses said transmission technologies in said primary communication path include wired technologies and non-wired technologies using radio transmission (“The network 105 may be one or more of various types; for instance, the network 105 may be a Wireless Smart Utility Network (Wi-SUN) network (e.g., a WiSUN field area network), a radio frequency (RF) mesh network (e.g., a GRIDSTREAM RF network or a GRIDSTREAM RF IP network), another type of wireless mesh network, a low power long range (LoRa) network, a ZigBee network, or various other network types” [0027], “physical systems (e.g., electrical and mechanical systems) in a smart grid” [0032]).
Regarding claim 7, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses said at least one transceiver of said gateway includes at least first and second transceivers; said at least one network node has at least first and second transmission technologies, causing said at least one network node to communicate with said first transceiver via said first transmission technology, and causing said at least one network node to communicate with said second transceiver via said second transmission technology; said shared-usage tertiary infrastructure providing said at least one network node with first specific network services for said first transmission technology, and second specific network services for said second transmission technology (“a headend system 120 utilizes a communication protocol that differs from another communication protocol utilized by the endpoint device 110. A communication protocol may define, for instance, which radio band is used for a transmission or how a communication packet is structured .. the endpoint device 110 communicates over an RF mesh network at 900 MHz to reach the AMI headend system 220 and the NMS headend system 230, but the endpoint device 110 may be required to communication over a ZigBee or Wireless Fidelity (WiFi) network to reach another headend system 120” [0065], “the radio parameters also provide communication protocols for headend systems 120 whose services the endpoint device 110 is capable of utilizing” [0036]).
Regarding claim 8, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses providing said at least one network node, said gateway, said at least one head-end system and said shared-usage tertiary infrastructure according to claim 1 (fig. 1); and using said shared-usage tertiary infrastructure to cause said gateway to receive data messages from said at least one network node, to check an identity of a sender, to determine a data type, and to transmit data to said intended head-end system (“the gateway 140 receives the registration request and forwards the registration request the NMS headend system 230. For instance, the registration request includes one or more registration packets that include information identifying the endpoint device 110” [0060], “the utility meter 210 reports consumption data, which describes the consumption of the resource 710 according to established time intervals, to the AMI headend system 220 .. the utility meter may utilize other headend systems 120 by communicating with such other headend systems 120 as indicated by the respective parameters associated with each headend system 120” [0087]).
Regarding claim 9, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses the gateway additionally collects the incoming data selectively, detects the connection properties, and performs data operations, in particular data reduction and data sorting, with the transmission to the intended head-end system being carried out in accordance with stipulated data guidelines (“DA headend system 240 manages the collection and analysis of data to automatically monitor and control physical systems (e.g., electrical and mechanical systems) .. EAMS headend system manages edge computing to potentially decentralize some tasks occurring on the network 105” [0032], [0044], [0048]).
Regarding claim 10, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses using said shared-usage tertiary infrastructure to arbitrate a transmission between linked network devices and network services, permitting data transmissions to be routed from senders to intended recipients, with mutual trust being warranted (“configures the endpoint device 110 and installs data on the endpoint device 110, such as code or other data enabling the endpoint device 110 to utilize services of certain headend systems 120. Specifically, in some implementations, the manufacturer system 130 installs operating parameters 132 and certificates 134 on the endpoint device 110. As described further below, the operating parameters 132 may include radio parameters and AMI initialization parameters, and the certificates may enable the endpoint device to authenticate itself during communications with other devices” [0021]).
Regarding claim 11, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses providing the mutual trust by using certificates (“the certificates may enable the endpoint device to authenticate itself during communications with other devices” [0021]).
Regarding claim 12, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses using said shared-usage tertiary infrastructure to provide said specific network services for said transmission technologies for device integration and providing keys for a network (“managing an integrated infrastructure of smart meters” [0016], “the endpoint device 110 may use the certificate 134 to sign a message in the communication, for instance. The endpoint birth certificate may use a public key infrastructure (PKI) of the manufacturer of the endpoint device 110” [0038]).
Regarding claim 13, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses using said shared-usage tertiary infrastructure to guarantee said tertiary communication paths, said tertiary infrastructure being intended to provide central network services (“The central system acts as a headend system that manages services provided to the node” [0003], “The endpoint device 110 can utilize, and can thus be in communication with, two or more headend systems 120, each of which provides a corresponding service to the endpoint device 110” [0020]).
Regarding claim 14, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses providing a LoRa join server or MIOTY service center as said central network services, for integration defined in a standard or for key allocation procedures (“a low power long range (LoRa) network” [0027], “the operations of an endpoint device 110 described herein, such as joining and registering with the network 105, communicating with the headend systems 120, configuring the radio 760, and utilizing services of the headend systems 120” [0089]).
Regarding claim 24, Deshmukh discloses a gateway for communicating over primary communication paths and for communicating over tertiary communication paths (communication paths between gateway 140 and endpoint device 110 and headend systems 120, fig. 1).
at least one transceiver (gateway 140, fig. 1, where the transceiver is implied); and
gateway software (software [0091]) for connecting to a tertiary transmission structure (“an Advanced Metering Infrastructure (AMI) headend system 220, a Network Management System (NMS) headend system 230, etc…” [0030]), said gateway software including specific management programs for generating specific communication data for transmission technologies used in the primary communication path (“The endpoint device 110 can utilize, and can thus be in communication with, two or more headend systems 120, each of which provides a corresponding service to the endpoint device 110” [0020], “the radio parameters also provide communication protocols for headend systems 120 whose services the endpoint device 110 is capable of utilizing” [0036]).
Regarding claim 25, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses a shared-usage tertiary infrastructure for communicating over tertiary communication paths with at least one head-end system and with a gateway, the shared-usage tertiary infrastructure comprising: specific network services being performed for said transmission technologies used in said primary communication path according to claim 8 (fig. 1, “The endpoint device 110 can utilize, and can thus be in communication with, two or more headend systems 120, each of which provides a corresponding service to the endpoint device 110” [0020], “the radio parameters also provide communication protocols for headend systems 120 whose services the endpoint device 110 is capable of utilizing” [0036]).
Regarding claim 26, Deshmukh discloses everything claimed as applied above. In addition, Deshmukh discloses a method for applying a program logic of gateway software, the method comprising executing a program logic according to claim 15 (“software” [0091]).
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 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Deshmukh (PG Pub US 2021/0392604 A1) in view of Bloss (PG Pub US 2022/0109729 A1).
Regarding claim 4, Deshmukh discloses everything claimed as applied above. However, Deshmukh does not explicitly disclose said at least one network node uses a technology from a low-power wide area network class as said transmission technology, and said specific network services of said tertiary infrastructure provide corresponding specific network services of the LPWAN protocols.
Nevertheless, Bloss discloses “The drivers/adaptors 216 may include the software necessary to operate the different interfaces and corresponding modules 212 specifically configured for the particular network connections (e.g., LTE, 5G, 4G, NBIOT, Ethernet, WiFi, LPWAN, and/or the like)” [0035].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a technology from a low-power wide area network class as said transmission technology, and said specific network services of said tertiary infrastructure provide corresponding specific network services of the LPWAN protocols because “The adaptive gateway 110 may be configured to communicate with a plurality of sensor devices 116, identify received transmissions from the sensor devices 116 in particular types of protocols, and then route the different types of packets differently, with prioritization and different network slicing based at least in part on one or a combination of types of sensor devices 116, sensor data, network technologies, and/or packet types” [0035].
Regarding claim 5, Deshmukh discloses everything claimed as applied above. Further, Bloss discloses said at least one network node includes at least first and second network nodes using respective first and second transmission technologies; said at least one transceiver of said gateway includes at least first and second transceivers, said first transceiver configured to communicate by said first transmission technology used by said first network node, and said second transceiver configured to communicate by said second transmission technology used by said second network node; and said shared-usage tertiary infrastructure provides first specific network services for said first transmission technology, and second specific network services for said second transmission technology (“The adaptive gateway 110 may be configured to communicate with a plurality of sensor devices 116, identify received transmissions from the sensor devices 116 in particular types of protocols, and then route the different types of packets differently, with prioritization and different network slicing based at least in part on one or a combination of types of sensor devices 116, sensor data, network technologies, and/or packet types” [0035]).
Claims 15-23 are rejected under 35 U.S.C. 103 as being unpatentable over Deshmukh in view of Fiedler (PG Pub US 2016/0197739 A1).
Regarding claim 15, Deshmukh discloses everything claimed as applied above. However, Deshmukh does not explicitly disclose providing gateway software with a three-level hierarchy including an application logic as a highest hierarchy level, an abstraction layer as a middle hierarchy level, and at least one specific management program for said transmission technologies as a lowest hierarchy level; using said application logic to provide a connection to said tertiary transmission infrastructure; using said abstraction layer to ensure an application of a general operating cycle; and using said at least one specific management program individually for transmission technologies to generate specific communication data.
Nevertheless, Fiedler discloses “The home gateway 301 implements communication at different abstraction layers 302-306. The lowest layer is 306 at the radio-frequency media communication layer. This layer is typically a hardware layer. On top of that there is a MAC addressing layer 305 responsible for hardware addressing. A further layer is a transfer layer 304 responsible for data transmission at the level of TCP or UDP protocols, Higher in the abstraction levels, there is a data routing layer 303 and software and application logic 302 responsible for communicating with users and generating graphical user interface as well as processing data and events” [0051], [0053].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide gateway software with a three-level hierarchy because “any updates to hardware or software of the home network interface device are also more affordable as the user may still use his multimedia device with a new home network interface device” [0057].
Regarding claim 16, Deshmukh, Fiedler discloses everything claimed as applied above. In addition, Deshmukh discloses an assignment of individual items of incoming data to a list of said managed network nodes or sensors or consumption meters (“the gateway 140 acts as a collector for the AMI headend system 220. The AMI registration request may include meter information of the endpoint device 110. For instance, the meter information may indicate a serial number, meter program information, meter classification, load profile configuration, midnight configuration, time-of-use setting, time zone, DST capability, or supported event information” [0071]). Further, Fiedler discloses the application logic [0051].
Regarding claim 17, Deshmukh, Fiedler discloses everything claimed as applied above. In addition, Deshmukh discloses using said application logic for monitoring data transport according to data type and associated transport guidelines (“upon receiving the registration request, the NMS headend system 230 recognizes the endpoint device, based on comparing the registration request to the device information previously received, and therefore accepts the registration request” [0061]). Further, Fiedler discloses the application logic [0051].
Regarding claim 18, Deshmukh, Fiedler discloses everything claimed as applied above. In addition, Deshmukh discloses performing prioritizations and implementing mechanisms for repeating transmissions in said tertiary communication path (“the endpoint device 110 may be programmed (e.g., by the manufacturer system 130) with a list of headend systems 120 whose services to use. Additionally or alternatively, the NMS headend system 230 may identify the headend systems 120 to be used by the endpoint device 110 based on the device information received by the headend system 120, and as such the NMS headend system 230 may indicate which headend systems 120 the endpoint device 110 should use” [0079], “The endpoint device 110 may repeatedly send the registration request until a response is received from the NMS headend system 230” [0076]). Further, Fiedler discloses the application logic [0051].
Regarding claim 19, Deshmukh, Fiedler discloses everything claimed as applied above. In addition, Deshmukh discloses managing operational information, protocols and diagnostic data (“An example NMS headend system 230 manages the health of the network 105 over which the endpoint device 110 and other devices communicate; for instance, the NMS headend system maintains information about how nodes of the network 105 are connected to one another and the respective signal strengths of such connections, including connections of the endpoint device 110. An example DA headend system 240 manages the collection and analysis of data to automatically monitor and control physical systems (e.g., electrical and mechanical systems) in a smart grid, such as an electrical power grid, of which the endpoint device 110 is a part. An example OMS headend system 250 collects information about outages across connected devices such as the endpoint device 110” [0032], “other headend systems have their own proprietary processes and protocols” [0017]). Further, Fiedler discloses the application logic [0051].
Regarding claim 20, Deshmukh, Fiedler discloses everything claimed as applied above. In addition, Deshmukh discloses monitoring security information and security procedures (“the various certificates 134 enable the endpoint device to authenticate itself during communications .. The endpoint birth certificate may be immutable and, in some implementations, is used for bootstrapping, specifically, to authenticate the endpoint device 110 during bootup” [0038]). Further, Fiedler discloses the application logic [0051].
Regarding claim 21, Deshmukh, Fiedler discloses everything claimed as applied above. In addition, Deshmukh discloses performing prioritizations and implementing mechanisms for repeating transmissions in said primary communication path (“the endpoint device 110 may be programmed (e.g., by the manufacturer system 130) with a list of headend systems 120 whose services to use. Additionally or alternatively, the NMS headend system 230 may identify the headend systems 120 to be used by the endpoint device 110 based on the device information received by the headend system 120, and as such the NMS headend system 230 may indicate which headend systems 120 the endpoint device 110 should use” [0079], “The endpoint device 110 may repeatedly send the registration request until a response is received from the NMS headend system 230” [0076]). Further, Fiedler discloses the abstraction layer [0051].
Regarding claim 22, Deshmukh, Fiedler discloses everything claimed as applied above. In addition, Deshmukh discloses performing a transmit organization individually for said transmission technologies and for transceivers (“A communication protocol may define, for instance, which radio band is used for a transmission or how a communication packet is structured” [0065], “the NMS headend system 230 may transmit to the endpoint device 110 an indication of each respective IP address and communication protocol of each such headend system 120, thereby enabling the endpoint device to reach and communicate with each headend system 120 that the endpoint device 110 will use” [0078]).
Regarding claim 23, Deshmukh, Fiedler discloses everything claimed as applied above. Further, Fiedler discloses mapping information from a bottom level of a transmission frame for data-type abstraction (“The home gateway 301 implements communication at different abstraction layers 302-306. The lowest layer is 306 at the radio-frequency media communication layer. This layer is typically a hardware layer” [0051]).
Conclusion
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CHRISTINE DUONG FUQUA
Primary Examiner
Art Unit 2462
/CHRISTINE T DUONG/ Primary Examiner, Art Unit 2462 03/26/2026
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