Prosecution Insights
Last updated: April 19, 2026
Application No. 18/669,387

DATA BROKER AND METHOD

Non-Final OA §102§103
Filed
May 20, 2024
Examiner
CHEN, CAI Y
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
Hivemq GmbH
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
81%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
570 granted / 789 resolved
+14.2% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
19 currently pending
Career history
808
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 789 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 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. Claims 1 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Guessin (US 2020/0287974 A1) in view of Leveraging Behavior Model on MQTT…(hereinafter refers Stefan). Regarding claim 1, Guessin a method performed at a data broker, the method comprising: receiving from a subscriber client a request for a subscription for sensor data transmitted by a first sensor client (Fig. 1, para. 34, Fig. 6, para. 61-67, MQTT based subscribe service request is activated), the request in accordance with a publish/subscribe messaging protocol, receiving first sensor data from the first sensor client, the first sensor data published by the first sensor client in accordance with the messaging protocol (Fig. 1, para. 34, Fig. 6, para. 61-67, MQTT based publish service to receive and to publish the data using MQTT messaging protocol), Guessin does not explicitly disclose determining, in dependence on the first sensor data and a current state of a state machine associated with the first sensor client, whether the first sensor data is to be subject to subscription processing, determining, in dependence on the receipt of the first sensor data and the current state of the state machine, an updated state for the state machine, updating the state machine to the updated state, and if the first data is to be subject to subscription processing, forwarding the data to the subscriber client in accordance with the messaging protocol; Stefan teaches determining, in dependence on the first sensor data and a current state of a state machine associated with the first sensor client, whether the first sensor data is to be subject to subscription processing (page 2-3, once the client sends a subscribe data packet and receives by the MQTT broker, then the state of the machine would change to “subscribe”), determining, in dependence on the receipt of the first sensor data and the current state of the state machine, an updated state for the state machine (page 2-3, the state of the machine is transition from Connect, Subscribed, Published, Start, and End depending on the data packets received and updated according to each state), updating the state machine to the updated state, and if the first data is to be subject to subscription processing, forwarding the data to the subscriber client in accordance with the messaging protocol (page 2-3, once the data packet “Subscribe” is received, and the MQTT broker is updated to Subscribed state and exchange the data communication with the client using MQTT messaging protocol); It would be obvious for one of ordinary skill in the art before the invention to modify Guessin to include Stefan in order to ensure the system is performing at correct function each of data state thus allowing the system to run more smoothly. Regarding claim 17, the instant claim is analyzed with respect to claim 1, and Guessin further discloses data broker apparatus, comprising: a network interface, a processor, and a memory, the memory having stored upon it instructions which, when executed, cause the data broker apparatus to carry out the method of claim 1 (Guessin, Fig. 1-3). Claim Rejections - 35 USC § 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. Claims 2-3, and 6-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stefan. Regarding claim 2, Stefan discloses a method performed at a data broker, the method comprising: receiving a message from a client in accordance with a publish/subscribe messaging protocol (page 2, receives a Subscribe data packet from a client), determining whether the message is within a category of messages associated with a state machine, wherein a current state of the state machine reflects the previous reception by the data broker of one or more messages within the category of messages (page 2-3, to determine the data packet fro the client is under one of transition category from Connect, Subscribed, Published, Start, and End depending on the data packets received and updated according to each state), if the message is within the category of messages then determining, based on the receiving the message, an updated state for a state machine and a function to be executed, updating the state machine to the updated state, and performing the function (page 2-3, to determine the data packet from the client is under one of transition category from Connect, Subscribed, Published, Start, and End depending on the data packets received and updated according to each state to perform the function of Connect, Subscribed, Published, Start, and End). Regarding claim 3, Stefan discloses wherein the function to be executed comprises one or 3. more of: generating a new message comprising data, subscription processing of the new data message in accordance with the publish/subscribe messaging protocol, discarding, without performing subscription processing, the received message, generating and transmitting to the client, other than in accordance with the publish/subscribe messaging protocol, a control message defined by the publish/subscribe messaging protocol, modifying, creating or removing a subscription record, associating a status with the client, transmitting to another client another data message or another control message, and updating a log (the status associate with the client is either Connect, Subscribed, Published, Start, and/or End). Regarding claim 6, Stefan discloses wherein the subscription processing of a data message in accordance with the publish/subscribe messaging protocol, the data message being the new data message or the received message, comprises: determining that a subscriber client has requested a subscription, the scope of which includes the data message, generating a data message for publication in accordance with the publish/subscribe message protocol based on the data message, and transmitting the generated data message for publication to the subscriber client (page 2-3, to determine the data packet from the client is under Published, then the system is updated to perform the function of Published). Regarding claim 7, Stefan discloses wherein the updated state for the state machine is 7. determined based on one or more of: the determination that the message is within the category of messages; whether the message contains published data or is a control message; an identity of the client that transmitted the message; when the message is a control message, a type of the control message, when the message contains published data, a topic associated with the data; and when the message contains published data, the contents of the data (page 2-3, Connect, Subscribed, Published, Start, and/or End). Regarding claim 8, Stefan discloses wherein the category of messages associated with the state machine comprises data messages published by the client in accordance with the publish/subscribe messaging protocol (page 2-3, Publish) Regarding claim 9, Stefan discloses wherein the category of messages associated with the state machine excludes data messages, published by the client in accordance with the publish/subscribe messaging protocol, which are not associated with one or more topics (page 7, to drop a message from a client when a client misbehave). Regarding claim 10, Stefan discloses wherein the category of messages associated with the state machine comprises control messages transmitted by the client in accordance with the publish/subscribe messaging protocol (page 2-3). Regarding claim 11, Stefan discloses wherein the category of messages associated with the state machine comprises messages transmitted by an additional client in accordance with the publish/subscribe messaging protocol (page 2-3, the MQTT machine to accommodate other client as well). Regarding claim 12, Stefan discloses the method further comprising: initiating the state machine in accordance with a pre-configured state machine definition, wherein the pre-configured state machine definition specifies one or more of the category of messages associated with the state machine; an identity of the client; a list of criteria for state transitions of the state machine, each criteria associated with a state transition from a first state of the state machine to a second state of the state machine; and one or more function definitions, each associated with a respective one or more state transitions (page 2-3, Connect, Subscribed, Published, Start, and/or End). Regarding claim 13, Stefan discloses receiving a description of the pre-configured state machine definition (page 2-3, Connect, Subscribed, Published, Start, and/or End). Regarding claim 14, Stefan discloses wherein the initiating the state machine is in response to one of: receiving a message within the category of messages associated with a state machine; and establishing a connection with the client (page 2-3, Connect). Regarding claim 15, Stefan discloses determining that a connection with the client has been disconnected, and maintaining the current state of the state machine while the client is in a disconnected state (page 2-3, End). Regarding claim 16, Stefan discloses wherein the publish/subscribe messaging protocol is 16. one selected from a group of protocols comprising MQTT version 5.0, MQTT version 3.1.1, MQTT-SN version 1.2, MQTT-SN version 2.0, or is a updated version of any one of the group of protocols (pae 2, MQTT). Allowable Subject Matter Claims 4-5 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 4 and its dependents, the art of record either alone or in combination fails to particular disclose or suggest the claim limitation of wherein when the received message is a published data 4. message associated with a first topic, and the function comprises generating a new message comprising data, a topic associated with the new message differs from the first topic. As to the art of record, Guessin reference discloses of applying MQTT messaging protocol to communication with the client. However, Guessin does not teach with respect to the entire or combination claim limitation stated as above. Regarding claim 5 and its dependents, the art of record either alone or in combination fails to particular disclose or suggest the claim limitation of wherein the method further comprises: if the received message is not within the category of messages, determining whether the received message is a published data message, and if the received message is a published data message, then performing subscription processing of the received message in accordance with the publish/subscribe messaging protocol, irrespective of the state of the state machine. As to the art of record, Guessin reference discloses of applying MQTT messaging protocol to communication with the client. However, Guessin does not teach with respect to the entire or combination claim limitation stated as above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAI Y CHEN whose telephone number is (571)270-5679. The examiner can normally be reached 8:30 AM -4:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CAI Y CHEN/ Primary Examiner, Art Unit 2425
Read full office action

Prosecution Timeline

May 20, 2024
Application Filed
Dec 23, 2025
Non-Final Rejection — §102, §103
Apr 01, 2026
Response Filed

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
81%
With Interview (+9.0%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 789 resolved cases by this examiner. Grant probability derived from career allow rate.

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