NON-FINAL OFFICE ACTION
This non-final office action addresses U.S. Application No. 18/633,963, which is a broadening reissue application of U.S. Application No. 17/541,830 (hereinafter the “830 Application"), entitled APPARATUS FOR INTERNET AND POWER BACKUP, which issued as U.S. Patent No. 11,303,150 (hereinafter the “150 Patent") on April 12, 2022.
The status of the claims is as follows:
Claims 1-20 are pending and examined.
Claims 1-20 are rejected.
I. STATUS OF CLAIMS
The 150 Patent issued with claims 1-20.
Applicant filed a preliminary amendment on April 12, 2024 (hereinafter the "2024 Preliminary Amendment") along with the filing of the present application. In the 2024 Preliminary Amendment, patent claims 1, 8 and 15 were amended and patent claims 2-7, 9-14 and 16-20 were unchanged.
Therefore, claims 1-20 are pending and will be examined.
II. PRIORITY AND RELATED PATENTS
Examiners acknowledge that the present application is a reissue of the 830 Application.
Examiners further acknowledge a child patent of the 150 Patent, i.e., U.S. Patent No. 11,646,601, based on U.S. Application No. 17/685,688, filed March 3, 2022.
III. REISSUE OATH/DECLARATION
37 C.F.R. §1.175 Reissue oath or declaration (in part).
(a) The inventor’s oath or declaration for a reissue application, in addition to complying with the requirements of § 1.63, § 1.64, or § 1.67, must also specifically identify at least one error pursuant to 35 U.S.C. 251 being relied upon as the basis for reissue and state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than the patentee had the right to claim in the patent.
(b) If the reissue application seeks to enlarge the scope of the claims of the patent (a basis for the reissue is the patentee claiming less than the patentee had the right to claim in the patent), the inventor's oath or declaration for a reissue application must identify a claim that the application seeks to broaden. A claim is a broadened claim if the claim is broadened in any respect.
The reissue declaration filed along with the filing of the present application (hereinafter the “2024 Reissue Declaration”) is acknowledged. However, Examiners object to the 2024 Reissue Declaration on the basis that Examiners find that it fails to state a proper error in the claims on which to base this reissue.
Examiners do not find the error statement is directed to the 150 Patent, rather the error statement refers to a “’403 Patent” and claim language directed to a “surgical instrument.” Such ‘403 Patent is not the patent underling this reissue application nor is there is the invention of the 150 Patent directed to any surgical instrument. Thus, Examiners find the error statement is in itself in error as being directed to the wrong patent.
A proper error statement must identify a single word, phrase, or expression in the specification or in an original claim in the underlying patent, i.e., the 150 Patent, and how it renders the original patent wholly or partly inoperative or invalid. See MPEP §1414(II). Thus, Applicant is required to provide a new declaration with a statement of error with respect to 150 Patent identifying “a single word, phrase, or expression” from the claims of the 150 Patent that rendered the 150 Patent invalid or inoperative.
IV. REJECTIONS – 35 U.S.C. §251
35 U.S.C. §251 Reissue of defective patents.
(a) IN GENERAL.—Whenever any patent is, through error, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent, the Director shall, on the surrender of such patent and the payment of the fee required by law, reissue the patent for the invention disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the application for reissue.
A. Rejection Based on Defective Declaration
Claims 1-20 and this application as a whole are rejected under 35 U.S.C. §251 as being based upon a defective reissue oath/declaration as set forth above. See 37 C.F.R. §1.175. The nature of the defects in the 2024 Reissue Declaration is set forth in the discussion above in this Office action.
B. Rejection Based on Original Patent Requirement
MPEP §1412.01 states that the reissue claims must be for the same invention as that disclosed as being the invention of the original patent. MPEP 1412.01 further provides guidelines for determining whether the reissue claims are “for the invention disclosed in the original patent” as:
(A) the claims presented in the reissue application are described in the original patent specification and enabled by the original patent specification such that 35 U.S.C. 112, first paragraph is satisfied;
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(B) nothing in the original patent specification indicates an intent not to claim the subject matter of the claims presented in the reissue application; and
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(C) the newly claimed invention is clearly and unequivocally disclosed in the specification as a separate invention with the claimed combination of features.
The Fed. Cir. addressed the “original patent” requirement in Antares Pharma, Inc. v. Medac Pharma Inc., 112 USPQ2d 1865 (Fed. Cir. 2014). The court stated that “a reissue claim is for the ‘same invention’ if the original patent specification fully describes the claimed inventions, but not if the broader claims ‘are [] merely suggested or indicated in the original specification.” Antares, 112 USPQ2d at 1868 (citing U.S. Supreme Court’s decision in U.S. Industrial Chemicals). Further, the court stated “‘it is not enough that an invention might have been claimed in the original patent because it was suggested or indicated in the specification.’ Rather, the specification must clearly and unequivocally disclose the newly claimed invention as a separate invention.” Antares, 112 USPQ2d at 1871 (citing U.S. Supreme Court’s decision in U.S. Industrial Chemicals) (citation omitted), or that “the exact embodiment claimed on reissue [be] expressly disclosed in the specification.” Id.
Recently, the Fed. Cir. stated:
Thus, for broadening reissue claims, the specification of the original patent must do more than merely suggest or indicate the invention recited in reissue claims; “[I]t must appear from the face of the instrument that what is covered by the reissue was intended to have been covered and secured by the original.” Indus Chems, 315 US at 676 (emphasis in Forum US). Stated differently, the original patent “must clearly and unequivocally disclose the newly claimed invention as a separate invention.” Antares, 771 F.3d at 1362. Forum US Inc. v. Flow Valve LLC (decided: June 17, 2019).
Claims 1-20 are rejected under 35 U.S.C. §251 because they are not for the same invention as that disclosed as being the invention in the original patent.
First for example, apparatus Patent Claims 1-7, method Patent Claims 8-14 and storage medium Patent Claims 15-20, as patented in the 150 Patent, recite an apparatus that comprises “an integrated battery” and “an integrated cellular modem.” Following a review of claims 1-20 as amended in the 2024 Preliminary Amendment, Examiners find that Applicant has deleted the “integrated” aspect of both the battery and the cellular modem. Thus, Patent Claims 1-20 as patented in the 150 Patent have been broadened by now reciting such apparatus comprising the battery and the cellular modem that are not integrated. Thus, Examiners find that the new invention now being claimed in this reissue is directed to an apparatus, a method and a storage medium that does not have or require an integrated battery and an integrated cellular modem.
However, Examiners do not find an unequivocal disclosure in the 150 Patent for a back-up apparatus and method that does not have an integrated battery or an integrated cellular modem. For example, Examiners find that the 800 Patent discloses only a general single embodiment for its apparatus and method, as shown in FIGS. 1-4, of which FIG. 3 is reprinted below. Examiners further find that FIG. 3 shows the battery
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160 and the cellular modem 330 integrated into the apparatus 100. Furthermore, Examiners find that the abstract, the specification and the claims of the 150 in every instance state “an integrated battery” (19 instances) and “an integrated cellular modem” (34 instances) and in no instance is battery or cellular modem used without the “integrated” before it. Finally, Examiners do not find a disclosure in the 150 Patent that the battery and the cellular modem are or need not be integrated.
As noted above, the original patent requirement puts a limit on the manner to which reissue applicants can broaden the patent claims in reissue. Specifically, claims that are broadened in reissue that cover a new scope/class of invention must have an unequivocal disclosure on the face of the original patent for that new class of invention as a separate invention. Following a careful review of claims 1-20 pending and examined herein with respect to the claims as patented in the 150 Patent, Examiners find the new scope of these claims covers a new invention not unequivocally disclosed on the face the 150 Patent, i.e., Examiners do not find an unequivocal disclosure or a discussion of the new invention of providing the apparatus claims or method claims without using an integrated battery and an integrated cellular modem now recited in claims 1-20. Rather such “integrated” aspect is the only disclosure for these features disclosed or discussed in the 150 Patent. Thus, Examiners conclude claims 1-20 presented in this reissue application fail the original patent requirement and thus are rejected under 35 U.S.C. §251.
Examiners further find this situation is analogous to the recent Federal Circuit decision in Forum US, Inc. v. Flow Valve, LLC, 926 F.3d 1346 (Fed. Cir. 2019). In Forum US, the original patent claims were drawn to a workpiece having a body member and a plurality of arbors (arbors circled in FIGS. 4 and 5 at issue):
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Forum US, 926 F.3d at 1348-49. In reissue, patentee broadened the claims to simply remove the requirement as to arbors. Id. at 1349. The Federal Circuit determined that the new claims did not comply with the original patent requirement of section 251 because the face of the patent did not disclose any arbor-less embodiment, and the abstract, summary of invention, and all disclosed embodiments including arbors. Id. at 1352. The Court concluded that the specification did not clearly and unequivocally disclose an embodiment without arbors, thus the original patent requirement was violated by broadening the claims to no longer require arbors. Id. Similarly, the 150 Patent here does not clearly and unequivocally disclose a battery and a cellular modem that are not “integrated” in the apparatus. Thus, to broaden the claims to permit Applicant to claim such an invention runs afoul of the original patent requirement in the same manner as at issue in Forum.
V. OBJECTION TO CLAIM AMENDMENTS
37 C.F.R. 1.173 Reissue specification, drawings, and amendments.
(c) Status of claims and support for claim changes. Whenever there is an amendment to the claims pursuant to paragraph (b) of this section, there must also be supplied, on pages separate from the pages containing the changes, the status (i.e., pending or canceled), as of the date of the amendment, of all patent claims and of all added claims, and an explanation of the support in the disclosure of the patent for the changes made to the claims.
(d) Changes shown by markings. Any changes relative to the patent being reissued that are made to the specification, including the claims but excluding "Large Tables" (§ 1.58(c) ), a "Computer Program Listing Appendix" (§ 1.96(c) ), a "Sequence Listing" (§ 1.821(c) ), and a "Sequence Listing XML" (§ 1.831(a) ) upon filing or by an amendment paper in the reissue application, must include the following markings:
(1) The matter to be omitted by reissue must be enclosed in brackets; and
(2) The matter to be added by reissue must be underlined.
(g) Amendments made relative to the patent. All amendments must be made relative to the patent specification, including the claims, and drawings, which are in effect as of the date of filing of the reissue application.
MPEP §1453(VI) ADDITIONAL EXAMPLES
(A) For a reissue application, where the patent was previously reissued: As per MPEP § 1411, double underlining and double bracketing are used in the second reissue application to show amendments made relative to the first reissue patent
The amendments to the claims in the 2024 Preliminary Amendment are objected to because they are improper under the rules and guidance provided above because they use double bracketing. As noted above, double bracketing (and double underling) is reserved for reissue applications of reissue patents. Since this application is a reissue of a regular utility patent, only single brackets and underlining should be used. Appropriate correction is required in response to this Office Action.
Examiner further object to the claim amendments in the 2024 Preliminary Amendment because Applicant has not provided a proper explanation of support for the claim changes. As provided above in the original patent requirement rejections, Examiners are unable to find unequivocal support for the deletion of “integrated” from the claims. Further, Examiners find Applicant in the remarks to the 2024 Preliminary Amendment has not provided any explanation of support for such deletions in the claims. Appropriate correction is required in response to this Office action.
VI. CLAIM OBJECTIONS
Claims 16-20 are objected to because the preamble of each claim recites the claims are “computer-implemented method” claims whereas claim 15, from which these claims depend is a storage medium (apparatus) claim. For purposes of examination only, these claims will be interpreted to be storage medium claims, not method claims. Appropriate correction is required.
VII. CLAIM INTERPRETATION
After careful review of the original specification, the prosecution history, and unless expressly noted otherwise by the Examiners, the Examiners find that they are unable to locate any lexicographic definitions (either express or implied) with the required clarity, deliberateness, and precision with regard to pending and examined claims. Because the Examiners are unable to locate any lexicographic definitions with the required clarity, deliberateness, and precision, the Examiners conclude that Applicant is not his own lexicographer for the pending and examined claims. See MPEP §2111.01(IV).
The Examiners further find that because the pending and examined claims herein recite neither “step for” nor “means for” nor any substitute therefore, the examined claims fail Prong (A) as set forth in MPEP §2181(I). Because all examined claims fail Prong (A) as set forth in MPEP §2181(I), the Examiners conclude that all examined claims do not invoke 35 U.S.C. §112(f). See also Ex parte Miyazaki, 89 USPQ2d 1207, 1215-16 (B.P.A.I. 2008)(precedential)(where the Board did not invoke 35 U.S.C. § 112(f) because “means for” was not recited and because applicant still possessed an opportunity to amend the claims).
Because of the Examiners’ findings above that Applicant is not his own lexicographer and the pending and examined claims do not invoke 35 U.S.C. §112(f) the pending and examined claims will be given the broadest reasonable interpretation consistent with the specification since patentee has an opportunity to amend claims. See MPEP §2111, MPEP §2111.01 and In re Yamamoto et al., 222 USPQ 934 (Fed. Cir. 1984). Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. See MPEP §2111.01(I). It is further noted it is improper to import claim limitations from the specification, i.e., a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment. See MPEP §2111.01(II).
VIII. CLAIM REJECTIONS – 35 U.S.C. §102
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.
(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.
A. Anticipation Rejections Applying Herzel
Claims 1, 7, 8, 14 and 15 are rejected as being anticipated by U.S. Patent Application Publication No. 2017/0026188 to Roni Herzel (hereinafter “Herzel”).
Regarding claim 1, Herzel discloses:
An apparatus comprising an apparatus for internet and power backup, said apparatus comprising:
See Herzel FIG. 7, reprinted below.
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Herzel FIG. 7
See further Herzel ¶0002, ¶0003 and ¶0013 wherein HErzel discloses its backup system is for edge devices, such as networked surveillance cameras.
a power source configured for powering the apparatus;
See Herzel FIG. 7 above, power source either the Auxiliary Power In or the PoE Power In source.
a battery configured for providing backup power to the apparatus;
See FIG. 7 above, Contingency Power Source (battery).
a first switch configured for selectively switching from a first mode where the power source supplies power to the apparatus and a second mode where the integrated battery supplies power to the apparatus;
See FIG. 7 above, Power Management Module showing switch which switches from a first mode wherein power is received from the PoE Splitter/Adapter and a second mode wherein power is received from the Contingency Power Source (battery).
a sensor configured to detect a first signal indicating a presence of power from the power source;
See FIG. 7 above, Power Monitoring Module.
a network port configured for Internet communications and communicatively coupled to an Internet gateway device;
See FIG. 7 above, PoE Splitter/Adaptor for receiving network and power over ethernet, which would be connected to some Internet gateway device for network communication to receive ethernet power and internet.
a cellular modem configured for Internet communications;
See FIG. 7 above, Wireless Communication Module (Wi-Fi, Cellular).
a second switch configured for selectively switching between a third mode where the internet communications is via the network port and a fourth mode where the internet communications is via the integrated cellular modem;
See FIG. 7 above, Communication Management Module which is shown as a switch between a first mode for internet communications through the PoE Splitter/Adaptor and a second mode for internet communications through the Wireless Communication Module.
a processor; and a memory coupled to the processor and storing one or more computer-readable instructions, wherein the computer-readable instructions cause, when executed by the processor, the apparatus to:
See FIG. 7 above, Decision Logic. See also ¶0043:
Embodiments of the present invention may include apparatuses for performing the operations herein. Such apparatus may be specially constructed for the desired purposes, or it may comprise a general-purpose computer selectively activated or reconfigured by a computer program stored in the computer. Such a computer program may be stored in a computer readable storage medium, such as, but is not limited to, any type of disk including floppy disks, optical disks, CD-ROMs, magnetic-optical disks, read-only memories (ROMs), random access memories (RAMs) electrically programmable read-only memories (EPROMs), electrically erasable and programmable read only memories (EEPROMs), magnetic or optical cards, or any other type of media suitable for storing electronic instructions, and capable of being coupled to a computer system bus.
determine whether or not the first signal indicates the presence of power from the power source; selectively switch the first switch to the second mode from the first mode based on the determination that the first signal does not indicate the presence of power from the power source;
See Herzel ¶¶0085-0086:
According to some embodiments of the present invention, the contingency power source may be a battery; according to some embodiments, the contingency power source may be rechargeable battery. The apparatus/device may comprise: a Contingency Power Source Charging Module for using external and/or internal electric power from the regular power source (i.e. while available)—PoE, and/or Auxiliary Power—for charging the rechargeable battery contingency power source. According to some embodiments, the Power Management Module may switch between the regular power source (e.g. PoE line) and two or more contingency power sources, in response to a power source switching command from the decision logic. For example, the Power Management Module may initially switch to an auxiliary backup power source—in response to a drop in power quality in the regular power source, and may later switch to a rechargeable battery backup power source—in response to a drop in power quality in the auxiliary backup power source.
In FIG. 2 there are shown, in accordance with some embodiments of the present invention, the main modules and operation steps of an exemplary system/apparatus for facilitating network camera backup, comprising a rechargeable battery as its contingency powers source and a power management module for switching between a regular power source and two contingency power sources.
Examiners further find the structures discussed with respect to FIG. 2 are shown in FIG. 7. Based on these drawings and disclosure, Examiners find that in response to the Decision Logic determining a drop in power quality, i.e., loss of power, from the PoE first power source, sensed by the Power Monitoring Module, the Decision Logic causes a command to selectively switch from the first mode to the second mode to receive power from another power source, i.e., the Contingency Power Source (battery).
determine whether at least one of a presence or a quality of a second signal on the network port is below a predetermined threshold; and selectively switch the second switch to the fourth mode from the third mode based on the at least one of the presence or the quality of the second signal on the network port being below the predetermined threshold.
See Herzel ¶¶0098-0099:
According to some embodiments of the present invention, a Network Monitoring Module may intermittently check the quality of the regular network connection. The decision logic, upon determining based on the extracted network connection parameters that the regular connection is down/bad, may issue a respective data storage switching command to the Data Communication and Storage Management Module that in response may switch from its regular over wire network connection (determined to be down/bad), to using the Wireless Communication Module (e.g. Wi-Fi, Cellular). According to some embodiments, the Ethernet Replacement (e.g. IP mirror substitute) may be used as a substitute for the network destination/sink (e.g. an IP address) to which the camera regularly (i.e. under good network connection quality conditions) relays its data.
In FIG. 7 there are shown, in accordance with some embodiments of the present invention, the main modules and operation steps of an exemplary system/apparatus for facilitating network camera backup, wherein the system switches from its regular (e.g. over wire) communication to wireless (e.g. Wi-Fi, cellular) communication as a result of a drop in the quality of its network connection.
Based on these drawings and disclosure, Examiners find that in response to the Decision Logic determining a drop in quality of the network connection from the PoE Splitter/Adapter port, sensed by the Network Monitoring Module, the Decision Logic causes a command to selectively switch from the third mode to the fourth mode to provide network communications over the Wireless Communication Module (Wi-Fi, Cellular).
Regarding claim 7, Herzel discloses the apparatus of claim 7 and further wherein:
the network port is connected to at least one of cable, digital subscriber line, or fiber.
See Herzel FIG. 7 above PoE Splitter/Adapter is connected to a digital subscriber line, i.e., ethernet.
Regarding claim 8, Herzel discloses the apparatus as discussed above form claim 1 and further:
A computer-implemented method for internet and power backup, the method comprising:
See discussion above for claim 1, particularly regarding the method of operation of the structures.
determining whether or not a first signal sensed by a sensor indicates the presence of power from a power source electrically coupled to an apparatus, wherein the power source configured for powering the apparatus, and wherein the apparatus includes an integrated battery configured for providing backup power to the apparatus and a first switch configured for selectively switching from a first mode where the power source supplies power to the apparatus and a second mode where the integrated battery supplies power to the apparatus;
selectively switching the first switch to the second mode from the first mode based on the determination that the first signal does not indicate the presence of power from the power source;
See FIG. 7 above, PoE Splitter/Adapter providing ethernet power source, Contingency Power Source (battery) for providing backup power and a switch as Power Management Module that switches between a first mode for power from the PoE Splitter/Adapter and a second mode for power from the battery based on a power signal sensed by the Power Monitoring Module. Further see ¶¶0085-0086, quoted above, wherein in response to the Decision Logic determining a drop in power quality, i.e., loss of power, from the PoE first power source, sensed by the Power Monitoring Module, the Decision Logic causes a command to selectively switch from the first mode to the second mode to receive power from another power source, i.e., the Contingency Power Source (battery).
determining whether at least one of a presence or a quality of a second signal on a network port of the apparatus is below a predetermined threshold, wherein the network port configured for Internet communications and communicatively coupled to an Internet gateway device; and
selectively switching a second switch of the apparatus to a fourth mode from a third mode based on the at least one of the presence or the quality of the second signal on the network port being below the predetermined threshold, wherein the second switch is configured for selectively switching between the third mode where the internet communications is via the network port and the fourth mode where the internet communications is via an integrated cellular modem of the apparatus.
See FIG. 7 above, PoE Splitter/Adapter port providing network communications with an Internet gateway devices, Wireless Communication Module (Wi-Fi, Cellular) providing backup network communication and a Communication Management Module which switches from a third mode which provides network communications through the PoE Splitter/Adapter and a fourth mode which provides network communications through the Wireless Communication Module. Further see ¶¶0098-0099 wherein Examiners find that in response to the Decision Logic determining a drop in quality of the network connection from the PoE Splitter/Adapter port, sensed by the Network Monitoring Module, the Decision Logic causes a command to selectively switch from the third mode to the fourth mode to provide network communications over the Wireless Communication Module (Wi-Fi, Cellular).
Regarding claim 14, Herzel discloses the apparatus of claim 8 and further wherein:
the network port is connected to at least one of cable, digital subscriber line, or fiber.
See Herzel FIG. 7 above PoE Splitter/Adapter is connected to a digital subscriber line, i.e., ethernet.
Regarding claim 15, Herzel discloses the apparatus and method as discussed above for claims 1 and 8 and further:
A non-transitory computer-readable storage medium in which is stored instructions for causing a processor to execute a computer-implemented method for internet and power backup, the method comprising:
See discussion above for claim 1, particularly regarding the method of operation of the structures. See also ¶0043.
determining whether or not a first signal sensed by a sensor indicates the presence of power from a power source, wherein the power source configured for powering an apparatus, the apparatus including an integrated battery configured for providing backup power to the apparatus and a first switch configured for selectively switching from a first mode where the power source supplies power to the apparatus and a second mode where the integrated battery supplies power to the apparatus;
selectively switching the first switch to the second mode from the first mode based on the determination that the first signal does not indicate the presence of power from the power source;
See FIG. 7 above, PoE Splitter/Adapter providing ethernet power source, Contingency Power Source (battery) for providing backup power and a switch as Power Management Module that switches between a first mode for power from the PoE Splitter/Adapter and a second mode for power from the battery based on a power signal sensed by the Power Monitoring Module. Further see ¶¶0085-0086 wherein in response to the Decision Logic determining a drop in power quality, i.e., loss of power, from the PoE first power source, sensed by the Power Monitoring Module, the Decision Logic causes a command to selectively switch from the first mode to the second mode to receive power from another power source, i.e., the Contingency Power Source (battery).
determining whether at least one of a presence or a quality of a second signal on a network port of the apparatus is below a predetermined threshold, wherein the network port configured for Internet communications and communicatively coupled to an Internet gateway device; and
selectively switching a second switch of the apparatus to a fourth mode from a third mode based on the at least one of the presence or the quality of the second signal on the network port being below the predetermined threshold, wherein the second switch is configured for selectively switching between the third mode where the internet communications is via the network port and the fourth mode where the internet communications is via an integrated cellular modem of the apparatus.
See FIG. 7 above, PoE Splitter/Adapter port providing network communications with an Internet gateway devices, Wireless Communication Module (Wi-Fi, Cellular) providing backup network communication and a Communication Management Module which switches from a third mode which provides network communications through the PoE Splitter/Adapter and a fourth mode which provides network communications through the Wireless Communication Module. Further see ¶¶0098-0099 wherein Examiners find that in response to the Decision Logic determining a drop in quality of the network connection from the PoE Splitter/Adapter port, sensed by the Network Monitoring Module, the Decision Logic causes a command to selectively switch from the third mode to the fourth mode to provide network communications over the Wireless Communication Module (Wi-Fi, Cellular).
IX. CLAIM REJECTIONS – 35 U.S.C. §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, 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.
A. Obviousness Rejections Applying Herzel and Weiser
Claims 2, 3, 9, 10, 16 and 17are rejected under 35 U.S.C. §103 as being obvious over Herzel, as applied to claims 1, 8 and 15 above, in view of U.S. Patent Application No. 2011/0268105 to Reginold Weiser et al. (hereinafter “Weiser”). Regarding these claims, Herzel discloses an ethernet backup module for an networked edge device/camera as recited in claims 1, 8 and 15. However, Herzel does not disclose this module having FXS ports. Nevertheless, Weiser teaches an ethernet module having FXS ports (foreign exchange ports) for POTS phones (See Weiser FIG. 1A, ethenet module 100 having FSX ports 126 for POTS phone 110). It would have been obvious at the time the invention was filed to provide the FXS ports for ethernet modules as taught in Weiser into the ethernet backup module of Herzel. One having ordinary skill in the art would do so to provide telephony services to be made from the ethernet edge devices of Herzel. See e.g., Weiser, Abstract, which suggests “providing telephony and private branch exchange services via a single device installed as an Ethernet adapter on a computing device.”
B. Obviousness Rejections Applying Herzel, Weiser and Klancher
Claims 4, 11 and 18 are rejected under 35 U.S.C. §103 as being obvious over Herzel and Weiser, as applied to claims 3, 10 and 17 above, in view of U.S. Patent Application No. 2014/0244166 to Frank Klancher et al. (hereinafter “Klancher”). Regarding these claims, the combination of Herzel and Weise teaches the features of claims 3, 10 and 17 as evidenced above. However, this combination does not teach the use of GPS within the ethernet adapters for edge devices. Nevertheless, Klancher teaches the use of GPS receives for its utility equipment (See Klancher FIG. 1 and ¶0018, GPS receiver 26 within utility housing). It would have been obvious at the time the invention was filed to provide a GPS receiver in the ethernet adapter/backup of Herzel and Weiser. One having ordinary skill in the art would do so to allow for locating the device.
C. Obviousness Rejections Applying Herzel, Weiser, Klancher and Carrott
Claims 5, 12 and 19 are rejected under 35 U.S.C. §103 as being obvious over Herzel, Weiser and Klancher, as applied to claims 4, 11 and 18 above, and further in view of U.S. Patent Application No. 2006/0030332 to David Carrott et al. (hereinafter “Carrott”). Regarding these claims, the combination of Herzel, Weise and Kancher teaches the features of claims 4, 11 and 18 as evidenced above. However, this combination does not teach providing the GPS location when requested. Nevertheless, Carrott teaches a method for geolocation of a wireless transmitter wherein the geolocation is provided a the request of “a user, a government entity, an emergency ("911") request, a non-emergency "where am I?" ("211") request, a cell-phone utility request, etc.” See Carrott ¶0094. It would have been obvious at the time the invention was filed to provide the GPS location at the request of various entities as taught by Carrott in the proposed combination of Herzel, Weiser and Klancher. One having ordinary skill in the art would do so to provide the location of the device to a person or entity needing such location.
D. Obviousness Rejections Applying O’Toole and Herzel
Claims 1, 6-8, 13-15 and 20 are rejected under 35 U.S.C. §103 as being obvious over U.S. Patent Application Publication No. 2020/0358308 to Peter O’Toole (hereinafter “O’Toole”) in view of Herzel.
Regarding claim 1, O’Toole teaches:
An apparatus comprising an apparatus for internet and power backup, said apparatus comprising:
See O’Toole FIG. 2, reprinted below.
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O’Toole FIG. 2
See also O’Toole ¶0044 “[a] battery 108 or other energy storage component may be included to store energy, e.g., to be used in the event of a failure to receive power at the input 102.” Finally, see O’Toole ¶0054:
In various embodiments, active communications (e.g., management, reporting, etc.) between the UPS 200 and a user or a management console reachable through the network 116 may be limited to only one of the network connections 214 (e.g., a preferred connection) at a time. Accordingly, the network interface 212 may determine which of the sub-interfaces 216 is preferable for network communications. In some embodiments the network interface 212 may monitor each for network connectivity to the network 116, but use only the preferred one. In other embodiments, the network interface 212 may monitor only the preferred sub-interface, and use it so long as it is available, then monitor a secondary sub-interface for connectivity only when the preferred sub-interface loses connectivity or becomes unreliable, and so on to additional sub-interfaces in order of preference. In various embodiments, the sub-interfaces may be prioritized, e.g., to use sub-interface 216a whenever it has network connectivity, but to prefer sub-interface 216b during periods of time when the sub-interface 216a doesn't have reliable network connectivity, and to only use sub-interface 216c if each of the sub-interfaces 216a and 216b fail to have reliable network connectivity. Accordingly, a first, second, third, etc. preference for various sub-interfaces may be assigned.
a power source configured for powering the apparatus;
See O’Toole FIG. 2 above, power source that provides input power at input power port 102.
a battery configured for providing backup power to the apparatus;
See FIG. 2 above, battery 108.
a first switch configured for selectively switching from a first mode where the power source supplies power to the apparatus and a second mode where the integrated battery supplies power to the apparatus;
As noted above, O’Toole discloses “[a] battery 108 or other energy storage component may be included to store energy, e.g., to be used in the event of a failure to receive power at the input 102.” Thus, O’Toole discloses “switching” between the wired power source at input 102 and the battery 108, which would require some switching means.
a sensor configured to detect a first signal indicating a presence of power from the power source;
As noted above, O’Toole discloses “[a] battery 108 or other energy storage component may be included to store energy, e.g., to be used in the event of a failure to receive power at the input 102.” Thus, O’Toole would necessarily require a sensing means to sense the power that is input into input 102 to determine whether to switch to the battery 108.
a network port configured for Internet communications and communicatively coupled to an Internet gateway device;
See O’Toole FIG. 2 above, network port 216a.
a cellular modem configured for Internet communications;
See FIG. 7 above, Wireless Communication Module (Wi-Fi, Cellular).
a second switch configured for selectively switching between a third mode where the internet communications is via the network port and a fourth mode where the internet communications is via the integrated cellular modem;
See O-Toole FIG. 2 above, network interface 212 which allows switching between the internet interfaces 216a-216, depending on reliability as discussed in ¶0054, quote above. See also O’Toole FIG. 4 wherein the apparatus switches between the various internet communication interfaces 216a-216c.
a processor; and a memory coupled to the processor and storing one or more computer-readable instructions, wherein the computer-readable instructions cause, when executed by the processor, the apparatus to:
See O’Toole FIG. 11, reprinted below illustrating the computing system of the controller 110 shown in FIG. 2 above.
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O’Toole FIG. 11
As shown in FIG. 11, the controller 110 of FIG. 2 comprises a processor and memory 1110/1112. Further O’Toole ¶0083 “[m]emory 1110 may be used for storing programs and data during operation of the computing system 1100.” See further O’Toole ¶0082.
determine whether or not the first signal indicates the presence of power from the power source; selectively switch the first switch to the second mode from the first mode based on the determination that the first signal does not indicate the presence of power from the power source;
As noted above, O’Toole discloses “[a] battery 108 or other energy storage component may be included to store energy, e.g., to be used in the event of a failure to receive power at the input 102.” Along with the structures of the controller, Examiners find O’Toole discloses appropriate instructions to determine an event of failure to receive power from the wired power input 102. Further see ¶0044 wherein “[a] battery 108 or other energy storage component may be included to store energy, e.g., to be used in the event of a failure to receive power at the input 102.” Thus, in the event of loss of power from the input power port 102, the apparatus switches to battery power.
determine whether at least one of a presence or a quality of a second signal on the network port is below a predetermined threshold; and selectively switch the second switch to the fourth mode from the third mode based on the at least one of the presence or the quality of the second signal on the network port being below the predetermined threshold.
See O’Toole col. 11, lines 5-34:
If a determination is made that the server 118 did not respond to the keep-alive message (block 306), the network interface 212 checks if the network connection has been previously closed (block 322). If not, the network connection is closed (block 322), a new network connection with the server 118 is established (block 326), and another keep-alive message is sent to the server (block 328). If a response to the keep-alive message is received from the server 118 (block 330), the UPS 200 continues to collect and process new data (block 332) and a new keep-alive message is sent (block 328). If no response is received from the server 118 (block 330), and being that the network connection has been previously closed (block 322), the network connection is deemed to be unavailable (block 334).
In response to a determination that the network connection is unavailable, the network interface 212 again establishes a new network connection (block 336), and sends another keep-alive message to the server 118 (block 338). If a response to the keep-alive message is received from the server 118, the UPS 200 continues to collect and process new data (block 342) and a new keep-alive message is sent (block 338). If no response is received from the server 118 (block 340), the network interface 212 waits for a response from the server 118 for a threshold period (block 344). In one embodiment the threshold period is 2 minutes; however, the threshold period may be any other amount of time. If no response from the server 118 is received during the threshold period, the network connection is deemed to be unstable (block 346) and a new network connection with the server 118 is established (block 336).
Based on this disclosure, Examiners find that the quality of the connection, i.e., the availability and/or instability is monitored by the controller via its instructions to determine if its quality is less than a threshold, i.e., unavailable or unstable. If such connection is so unavailable or unstable, the controller switches to another network interface.
However, while Examiners find O’Toole teaches the features noted above, specifically, that O’Toole teaches the use of a sensor for indicating the power from the input power port and a switching means for alternating power from the input power source or the internal battery, Examiners do not find that O’Toole explicitly teaches the details of these structures or operations.
Nevertheless, as provided above, Examiners find Herzel, as shown in Herzel FIG. 7 above, teaches a backup power and internet system comprising a sensor (Power Monitoring Module) configured to detect a first signal indicating the presence of power from the power source and further a switch (Power Management Module) for switching between the input power and the internal battery backup based on such first signal as controlled by a processor (Detection Logic). It would have been obvious at the time the invention was filed to incorporate these structures into O’Toole as taught by Herzel. One having ordinary skill in the art would do so because while O’Toole generally or inherently discloses such structures, O’Toole does not provide the detail thereof and thus one having ordinary skill in the art would look to the detail of Herzel to perform the identical functions. Furthermore, such structures of Herzel allow for the system to switch between the input power and the battery backup in the event of loss of or low power from the input power. Finally, Examiners find such a combination is predictable because no change in operation of O’Toole is implied in the combination, rather the combination simply provides the detail of the already disclosed operation of O’Toole.
Examiners further find that while O’Toole discusses monitoring the network port for network quality based on availability or instability of the network, O’Toole does not explicitly discuss quality. Nevertheless, Herzel at ¶¶0098-0099 also teaches a Network Monitoring Module that monitors the network quality and in response to the Decision Logic determining a drop in quality of the network connection from the PoE Splitter/Adapter port, sensed by the Network Monitoring Module, the Decision Logic causes a command to selectively switch from the third mode to the fourth mode to provide network communications over the Wireless Communication Module (Wi-Fi, Cellular). It would thus have been obvious to switch between available networks based on the quality of the network as taught by Herzel in the system of O’Toole. One having ordinary skill in the art would do so to make sure the system of O’Toole is using the best quality network for communications and not a “bad” network.
Regarding claim 6, the combination of O’Toole and Herzel teaches the apparatus of claim 1 and further comprising:
a power output connector configured to electrically couple to the Internet gateway device and provide power to the Internet gateway device.
See O’Toole FIG. 2 above, power output port 106 which is configured to provide power to various loads.
Regarding claim 7, the combination of O’Toole and Herzel teaches the apparatus of claim 1 and further wherein:
the network port is connected to at least one of cable, digital subscriber line, or fiber.
See O’Toole FIG. 2 above, network port 216a connected to ethernet, LAN, WiMAX, etc.
Regarding claim 8, the combination of O’Toole and Herzel discloses the apparatus as discussed above form claim 1 and further:
A computer-implemented method for internet and power backup, the method comprising:
See discussion above for claim 1, particularly regarding the method of operation of the structures of the combination of O’Toole and Herzel.
determining whether or not a first signal sensed by a sensor indicates the presence of power from a power source electrically coupled to an apparatus, wherein the power source configured for powering the apparatus, and wherein the apparatus includes an integrated battery configured for providing backup power to the apparatus and a first switch configured for selectively switching from a first mode where the power source supplies power to the apparatus and a second mode where the integrated battery supplies power to the apparatus;
selectively switching the first switch to the second mode from the first mode based on the determination that the first signal does not indicate the presence of power from the power source;
See combination above of O’Toole and Herzel for claim 1 above.
determining whether at least one of a presence or a quality of a second signal on a network port of the apparatus is below a predetermined threshold, wherein the network port configured for Internet communications and communicatively coupled to an Internet gateway device; and
selectively switching a second switch of the apparatus to a fourth mode from a third mode based on the at least one of the presence or the quality of the second signal on the network port being below the predetermined threshold, wherein the second switch is configured for selectively switching between the third mode where the internet communications is via the network port and the fourth mode where the internet communications is via an integrated cellular modem of the appa