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
The Instant Application, filed 05/17/2024, is a continuation of 18/043746, filed 03/02/2023, now U.S. Patent No. 11,991,064 which is a National Stage entry of PCT/AU2021/051017 with an international filing date of 09/02/2021.
The Instant Application also claims foreign priority to 2020903138, filed 09/02/2020. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/043,746, filed on 3/2/2023.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of its length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Double Patenting
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,991,064. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are anticipated by the reference claim(s). Claim 1 of the Patent contains every element of claim 1 of the instant application as shown in the table below and as such anticipate(s) the claim of the instant application.
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Instant Application
Patent No. 11,991,064
1. A process for detecting sources of wireless data packets exhibiting defined behaviour of interest in a wireless network environment, the process comprising the steps of: receiving wireless data packets from the wireless network environment;
populating one or more queues of wireless data packets by adding received wireless data packets, wherein wireless data packets received are added to the one or more queues dependent on a detection template, and wherein a detection template comprises code defining one or more algorithms applied to the received packets to detect the behaviour of interest, extracting device identifier data from the wireless data packets in the queue to identify one or more source devices detected as sources of packets exhibiting said behaviour of interest defined by said one or more algorithms of the detection template; generating display data carrying information on a signal strength of wireless data packets from the same of the one or more identified, detected source devices, wherein the display data suitable to be displayed at a user interface; and receiving inputs at the user interface indicating a selection of a detection template made at the user interface to allow an operator to select the defined behaviour of interest.
1. An interactive device for detecting and locating transmitting devices transmitting wireless data packets in a wireless network environment, the transmitting devices exhibiting behaviour of interest in the wireless network environment, the device including: a monitoring module operable to monitor the wireless network environment to receive wireless data packets from the environment; a queue module operable to populate one or more queues for wireless data packets from the wireless data packets received from the environment, wherein the one or more queues are populated with packets received from the environment dependent on one or more detection template which defines a set of rules applied to data carried in received wireless data packets the set of rules defining behaviour of interest to detect whether one or more transmitting devices in the network are exhibiting a behaviour of interest; a device-identifier module operable to extract device identifier data from the wireless data packets in the queue to identify said one or more detected transmitting devices exhibiting said defined behaviour; a user interface operable to: receive inputs indicating a selection of a detection template made at the user interface to allow an operator to select the defined behaviour of interest by a selection of a template and the rules defined by the template, display information indicating said selected behaviour of interest to be detected, display alert data carrying information indicating that a device in the network is exhibiting a behaviour of interest defined by the selected detection template, and display data carrying information on a signal strength of wireless data packets from the same device exhibiting the behaviour of interest defined by the selected template, and display data carrying information on a signal strength of received wireless data packets from the same one of the devices, and wherein the user interface is operable to receive said inputs, update the template to a selected template and update data carrying information on said signal strength so as to provide the user with a real-time interactive user interface which is responsive to selections of detection templates to determine behaviours of interest and responsive to movement of the device which changes the signal strength of packets from devices detected as exhibiting said behaviour.
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Allowable Subject Matter
Claims 11 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10, 12-14 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baxley et al. (2015/0349810).
As per claim 1, Baxley et al. teaches a process for detecting sources of wireless data packets exhibiting defined behaviour of interest in a wireless network environment, the process comprising the steps of: receiving wireless data packets from the wireless network environment [paragraph 0032];
populating one or more queues of wireless data packets by adding received wireless data packets [paragraph 0066],
wherein wireless data packets received are added to the one or more queues dependent on a detection template [paragraph 0096], and
wherein a detection template comprises code defining one or more algorithms applied to the received packets to detect the behaviour of interest [paragraph 0097],
extracting device identifier data from the wireless data packets in the queue to identify one or more source devices detected as sources of packets exhibiting said behaviour of interest defined by said one or more algorithms of the detection template [paragraph 0096];
generating display data carrying information on a signal strength of wireless data packets from the same of the one or more identified, detected source devices [paragraph 0144],
wherein the display data suitable to be displayed at a user interface [paragraph 0031]; and
receiving inputs at the user interface indicating a selection of a detection template made at the user interface to allow an operator to select the defined behaviour of interest [paragraphs 0041, 0105, 0182-0183 and 0221].
As per claim 2, Baxley et al. teaches the process of claim 1 wherein the step of receiving wireless data packets comprises receiving the packets via a directional antenna, and wherein the steps are performed in a loop to allow the display data to be interactive in real time to adjustments of orientation and/or location of the directional antenna relative to one or more identified, detected source devices [paragraph 0076].
As per claim 3, Baxley et al. teaches the process of claim 1 wherein the steps are performed in a loop to allow the display data to be interactive in real time to selections of templates [paragraph 0081].
As per claim 4, Baxley et al. teaches the process of claim 1 wherein the template carries information which identifies to a user behaviour of interest to be detected dependent on the selected template and the display data carries said information to display to the user the behaviour to be detected by a template selected, wherein the user is able to select templates dependent on displayed information identifying the behaviour of interest to be detected [paragraph 0122].
As per claim 5, Baxley et al. teaches the process of claim 1, wherein the one or more template carries behaviour information to be displayed at the user interface which identifies to a user the behaviour of interest to be detected dependent on the template and the display data carries alert information to display to the user an alert indicating that an instance of the behaviour of interest detected dependent on the selected template [paragraph 0107].
As per claim 6, Baxley et al. teaches the process of claim 1, wherein a detection template carries information defining one or more rules used to identify a given behaviour of interest for detection of a wireless source [paragraph 0120].
As per claim 7, Baxley et al. teaches the process of claim 1, wherein code in a template encapsulates and/or or groups a set of rules, each set defining a said behaviour of interest [paragraph 0125].
As per claim 8, Baxley et al. teaches the process of claim 1, wherein a template is identified by a detection name which identifies the given behaviour of interest and wherein two or more of said algorithms are applied by a processor concurrently to allow the template identifiable by a user, as able to identify and detect given behaviour of interest, to apply algorithms which may not be identifiable by a user [paragraph 0096].
As per claim 9, Baxley et al. teaches the process of claim 8, wherein selection of detection template recognisable by user to identify a given behaviour of interest can be updated by selection of template with additional and/or substituted algorithms in response to data and/or control inputs at the user interface [paragraph 0083].
As per claim 10, Baxley et al. teaches the process of claim 9, wherein the template selected at the user interface from a set of two or more templates which provide a hierarchy of defined behaviours of devices to detect [paragraph 0076].
As per claim 12, Baxley et al. teaches the process of claim 1, wherein the step of receiving wireless data packets comprises receiving the packets via antenna inputs received at the user interface allow a user to interact with the process by a combination of selections of template selections, initiation of log data generation, and adjustments to the orientation of the antenna [paragraph 0065].
As per claim 13, Baxley et al. teaches the process of claim 2, wherein a data store is a queue, wherein a template comprises code defining two or more algorithms, and wherein the step of populating the one or more queues may comprise performing the two or more algorithms in time multiplexed processes running on a processor [paragraph 0071].
As per claim 14, Baxley et al. teaches the process of claim 1, wherein a template comprises code defining two or more algorithms wherein one algorithm uses data generated and/or updated by another algorithm, and wherein the data used by said another algorithm is stored in a working memory of the processor to allow the two or more algorithms to perform stateful processes [paragraph 0049].
As per claim 16, Baxley et al. teaches a process for detecting sources of wireless data packets exhibiting defined behaviour of interest in a wireless network environment, the process comprising the steps of: monitoring the wireless network environment to receive wireless data packets [paragraph 0032];
populating one or more queues of wireless data packets by adding received wireless data packets [paragraph 0066],
wherein wireless data packets received are added to the one or more queues dependent on a detection template [paragraph 0096], and
wherein a detection template comprises code defining one or more rules applied to the received packets to detect the behaviour of interest exhibited by the source of the wireless data packets [paragraph 0097],
extracting device identifier data from the wireless data packets in the queue to identify one or more detected source devices exhibiting said defined behaviour [paragraph 0096];
generating display data carrying information on a signal strength of wireless data packets from the same of the one or more identified, detected source devices [paragraph 0144],
wherein the display data suitable to be displayed at a user interface [paragraph 0031], and
wherein the display data is generated so as to be dependent on an orientation and/or proximity of the antenna relative to the one or more identified, detected source devices [paragraphs 0113-0114]; and
receiving inputs at the user interface indicating a selection of a detection template made at the user interface to allow an operator to select the defined behaviour of interest [paragraphs 0041, 0105, 0182-0183 and 0221].
As per claim 17, Baxley et al. teaches a server operable to store and transmit modules of code and/or data defining rules and/or actions operable on packets received by the process of claim 1 [paragraph 0185].
There are prior art made of record not relied upon but is considered pertinent to applicant's disclosure. See attached.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANODHI N SERRAO whose telephone number is (571)272-7967. The examiner can normally be reached Monday to Friday 8:00 am to 4:00 pm.
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Ranodhi N. Serrao
/RANODHI SERRAO/
Primary Examiner, Art Unit 2444