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 .
1. Claims 21-40 are pending. Claims 1-20 are canceled.
Claim Objections
2. Claims 37-39 are objected to because of the following informalities: Claim 37 discloses in the preamble “A system comprising one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising:” The body of the claims recites method steps determining…providing… without reciting structure of the system. Claim 37 should be amended as “A system comprising: one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising:” Appropriate correction is required.
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.
3. Claim(s) 21-22, 24-33, 35-38 and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0059814 hereafter Nixon.
As for claim 21, Nixon discloses:
A method comprising:
determining a number of different unique routes (Nixon, Figures 10-14, [0123], consider each network device in sequence, traverse the initial master graph to identify all potential routes, and select the best candidates in view of the factors [0092] the routing list may specify alternate routes in addition to the route selected by the sender. primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer. [0093] there is always one complete network route and several special purpose routes which are used to send setpoint and other settings from the gateways 22 or 202 to the final control commands.. [0092], primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer.)
a) used to transmit test data to a first connected component (Nixon, [0088], receipt of packets by a neighboring device is acknowledged by a confirmation packet. If, the acknowledgement is not received within a predefined time period, the network device 216 may attempt to route the packet via the alternate hop. The Examiner interprets the predefined time period to correspond to a starting time and an ending time and transmitted acknowledgement/confirmation to correspond to test data) and
b) that each include two or more nodes, the combination of the two or more nodes for each of the unique routes being different than a combination of two or more nodes for any other of the unique routes; (Nixon, FIG. 11, [0073], [0092]-[0093] the routing list may specify alternate routes in addition to the route selected by the sender. primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer. [0116] The interactive screen 450 may also include a neighbor number selector 459. By using the selector 459, the user may specify the maximum number of neighboring devices to consider at each individual network device during graph construction)
generating, using a value indicating the number of unique routes, (Nixon, FIG. 11, [0116] The interactive screen 450 may also include a neighbor number selector 459. By using the selector 459, the user may specify the maximum number of neighboring devices to consider at each individual network device during graph construction. The Examiner interprets the maximum number of neighboring devices to correspond to a value indicating the number of unique routes.) a link quality indicator that reflects a strength of a connection to the first connected component; (Nixon, FIG. 11, [0114] Further, the interactive screen 450 may include a threshold signal strength selector 455. By using the selector 455, the user may specify the minimum strength of a signal transmitted from a sender device which must be detected by a recipient device in order to consider a link between the sender device and the recipient device acceptable for use in a graph.) and
providing data configured to cause a display of a user device to depict a representation of the link quality indicator. (Nixon, Figures 10-14, [0112]-[0114], providing data as shown in Fig. 11 to cause a display including link quality indicators such as dB. [0110], the network tool 45 may display a signal quality indicator 420 next to the wireless link 416. [0111] one of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB. [0112], The network design tool 45 may illustrate the direction of each wireless link by means of an arrow, such as the arrow on the link 416 pointing in the direction of the network access symbol 412 to indicate that the link 416 is part of an upstream graph.)
As for claim 22, Nixon discloses:
determining the link quality indicator satisfies one or more thresholds; (Nixon, Fig. 10, Fig. 11, [0111], One of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB.) and selecting a symbol from a set of one or more predetermined symbols that indicates that the link quality indicator satisfies the one or more thresholds, wherein providing the data configured to cause the display of the user device to depict the representation of the link quality indicator comprises providing data configured to cause the user device to depict the link quality indicator using the selected symbol. (Nixon, Fig. 10, Fig. 11, [0111], the toolbar 384 may include buttons 432 which toggle optimized presentation modes. One of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB.)
As for claim 24, Nixon discloses:
obtaining a time window that includes a starting time and an ending time; and transmitting the test data to the first connected component from the starting time until the ending time. (Nixon, [0088], receipt of packets by a neighboring device is acknowledged by a confirmation packet. If, the acknowledgement is not received within a predefined time period, the network device 216 may attempt to route the packet via the alternate hop. The Examiner interprets the predefined time period to correspond to a starting time and an ending time and acknowledgement/confirmation to correspond to test data)
As for claim 25, Nixon discloses:
determining a first number of data packets of the test data that successfully reached the first connected component within the time window and a second number of data packets of the test data that did not successfully reach the first connected component within the time window based on response data received from the first connected component; (Nixon, [0087]-[0088], [0092], Receipt of packets by a neighboring device is acknowledged by a confirmation packet. If the acknowledgement is not received within a predefined time period, the network device 216 may attempt to route the packet via the alternate hop. The network device 216 may collect statistics of both successful delivery attempts and of failed delivery attempts.) and generating the link quality indicator based on the first number of data packets and the second number of data packets.(Nixon, [0087]-[0088], [0092], [0126], [0110], the network tool 45 may display a signal quality indicator 420 next to the wireless link 416. [0111] one of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB. [0112], The network design tool 45 may illustrate the direction of each wireless link by means of an arrow, such as the arrow on the link 416 pointing in the direction of the network access symbol 412 to indicate that the link 416 is part of an upstream graph.)
As for claim 26, Nixon discloses:
generating a successful transmission rate based on a number of data packets that successfully reach the first connected component within the time window; and generating the link quality indicator based on the successful transmission rate. (Nixon, [0087]-[0088], [0092], [0126], Receipt of packets by a neighboring device is acknowledged by a confirmation packet. If the acknowledgement is not received within a predefined time period, the network device 216 may attempt to route the packet via the alternate hop. The network device 216 may collect statistics of both successful delivery attempts and of failed delivery attempts)
As for claim 27, Nixon discloses:
receiving response data from the first connected component, wherein the test data comprises a plurality of data packets and the response data comprises a number of response data packets corresponding to one or more data packets of the plurality of data packets that successfully arrived at the first connected component. (Nixon, [0087]-[0088], [0092], Receipt of packets by a neighboring device is acknowledged by a confirmation packet. The network device 216 may collect statistics of both successful delivery attempts and of failed delivery attempts.)
As for claim 28, Nixon discloses:
receiving response data from the first connected component, wherein the response data comprises at least two different routes of one or more nodes in a mesh network that were used to transfer at least part of the test data to the first connected component. (Nixon, [0073], [0092]-[0093] the routing list may specify alternate routes in addition to the route selected by the sender. [0096], the network manager 27 may be configured to actively pursue a mesh or a star mesh topology. [0123], consider each network device in sequence, traverse the initial master graph to identify all potential routes, and select the best candidates in view of the factors. FIG. 11, [0113] item 452)
As for claim 29, Nixon discloses:
wherein each of the at least two different routes include a list of one or more values representing one or more nodes, and wherein a value of the list of one or more values is generated by a second connected component that helps to connect to the first connected component as a node within a route of the mesh network. (Nixon, [0073], [0092] the routing list may specify alternate routes in addition to the route selected by the sender. [0093], the network manager 27 contains a list of all devices in the network. The network manager 27 may also contain the overall network topology including a complete graph of the network and portions of the graph that have been communicated to each device [0096], the network manager 27 may be configured to actively pursue a mesh or a star mesh topology. FIG. 11, [0113] item 452)
As for claim 30, Nixon discloses:
wherein the response data further comprises a first node link quality indicator of a first node of the one or more nodes in a route and the method further comprises: determining that the first node link quality indicator does not satisfy a determined link quality indicator threshold; and in response to determining that the first node link quality indicator does not satisfy the determined link quality indicator threshold, performing connection diagnostics. (Nixon, [0073], [0114]-[0115], By using the selector 455, the user may specify the minimum strength of a signal transmitted from a sender device which must be detected by a recipient device in order to consider a link between the sender device and the recipient device acceptable for use in a graph. A hysteresis level selector 457 may allow the user to specify a signal strength at which the network design tool 45 begins re-evaluating the network graph. The Examiner interprets re-evaluation to correspond to connection diagnostics)
As for claim 31, Nixon discloses:
the connection diagnostics comprise determining a power level of the first node and comparing the power level of the first node to a power level threshold. (Nixon, [0107], the user may configure the network design tool 45 to associate each network device with a same predetermined power level in order to simplify the process of configuring the network model. [0116]-[0117], Determining if potential neighbors (nodes) of a certain device satisfy the signal strength requirement)
As for claim 32, Nixon discloses:
the response data further comprises a first node power level of a first node of the one or more nodes in a route and the method further comprises: determining that the first node power level does not satisfy a determined power level threshold; and in response to determining that the first node power level does not satisfy the determined power level threshold, adjusting a power level of the first node. (Nixon, [0107], the user may configure the network design tool 45 to associate each network device with a same predetermined power level in order to simplify the process of configuring the network model.)
As for claim 33, Nixon discloses:
receiving response data from the first connected component, wherein the response data comprises a plurality of analytic indicators, and wherein generating the link quality indicator comprises combining two or more analytic indicators of the plurality of analytic indicators to generate the link quality indicator. (Nixon, [0110], the network tool 45 may display a signal quality indicator 420 next to the wireless link 416. [0111] one of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB. [0112], The network design tool 45 may illustrate the direction of each wireless link by means of an arrow, such as the arrow on the link 416 pointing in the direction of the network access symbol 412 to indicate that the link 416 is part of an upstream graph.)
As for claim 35, Nixon discloses:
sending a signal to a second connected component that helps connect to the first connected component, (Nixon, [0114], By using the selector 455, the user may specify the minimum strength of a signal transmitted from a sender device which must be detected by a recipient device in order to consider a link between the sender device and the recipient device acceptable for use in a graph. Of course, the user may use the selector 455 at any time during the configuration of the network model 324 to change this minimum signal strength value) wherein the signal is configured to adjust a power level of the second connected component. (Nixon, [0107], the user may configure the network design tool 45 to associate each network device with a same predetermined power level in order to simplify the process of configuring the network model.)
As for claim 36, Nixon discloses:
determining a first power level for a first data packet of the test data; and transmitting the first data packet of the test data using the first power level. ([0110], the network design tool determining the power of each device wherein each device may transmit radio signals at a unique power level)
As for claim 36, Nixon discloses:
A system (Nixon, Figures 10-14) comprising one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising: determining a number of different unique routes (Nixon, Figures 10-14, [0123], consider each network device in sequence, traverse the initial master graph to identify all potential routes, and select the best candidates in view of the factors [0092] the routing list may specify alternate routes in addition to the route selected by the sender. primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer. [0093] there is always one complete network route and several special purpose routes which are used to send setpoint and other settings from the gateways 22 or 202 to the final control commands.. [0092], primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer.)
a) used to transmit test data to a first connected component (Nixon, [0088], receipt of packets by a neighboring device is acknowledged by a confirmation packet. If, the acknowledgement is not received within a predefined time period, the network device 216 may attempt to route the packet via the alternate hop. The Examiner interprets the predefined time period to correspond to a starting time and an ending time and transmitted acknowledgement/confirmation to correspond to test data) and
b) that each include two or more nodes, the combination of the two or more nodes for each of the unique routes being different than a combination of two or more nodes for any other of the unique routes; (Nixon, FIG. 11, [0073], [0092]-[0093] the routing list may specify alternate routes in addition to the route selected by the sender. primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer. [0116] The interactive screen 450 may also include a neighbor number selector 459. By using the selector 459, the user may specify the maximum number of neighboring devices to consider at each individual network device during graph construction)
generating, using a value indicating the number of unique routes, (Nixon, FIG. 11, [0116] The interactive screen 450 may also include a neighbor number selector 459. By using the selector 459, the user may specify the maximum number of neighboring devices to consider at each individual network device during graph construction. The Examiner interprets the maximum number of neighboring devices to correspond to a value indicating the number of unique routes.) a link quality indicator that reflects a strength of a connection to the first connected component; (Nixon, FIG. 11, [0114] Further, the interactive screen 450 may include a threshold signal strength selector 455. By using the selector 455, the user may specify the minimum strength of a signal transmitted from a sender device which must be detected by a recipient device in order to consider a link between the sender device and the recipient device acceptable for use in a graph.) and
providing data configured to cause a display of a user device to depict a representation of the link quality indicator. (Nixon, Figures 10-14, [0112]-[0114], providing data as shown in Fig. 11 to cause a display including link quality indicators such as dB. [0110], the network tool 45 may display a signal quality indicator 420 next to the wireless link 416. [0111] one of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB. [0112], The network design tool 45 may illustrate the direction of each wireless link by means of an arrow, such as the arrow on the link 416 pointing in the direction of the network access symbol 412 to indicate that the link 416 is part of an upstream graph.)
As for claim 38, Nixon discloses:
wherein the operations comprise: determining that the link quality indicator satisfies one or more thresholds; (Nixon, Fig. 10, Fig. 11, [0111], One of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB.) and selecting a symbol from a set of one or more predetermined symbols that indicates that the link quality indicator satisfies the one or more thresholds, wherein providing the data configured to cause the display of the user device to depict the representation of the link quality indicator comprises providing data configured to cause the user device to depict the link quality indicator using the selected symbol. (Nixon, Fig. 10, Fig. 11, [0111], the toolbar 384 may include buttons 432 which toggle optimized presentation modes. One of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB.)
As for claim 40, Nixon discloses:
One or more computer storage media encoded with instructions that, when executed by one or more computers, cause the one or more computers to perform operations comprising: determining a number of different unique routes (Nixon, Figures 10-14, [0123], consider each network device in sequence, traverse the initial master graph to identify all potential routes, and select the best candidates in view of the factors [0092] the routing list may specify alternate routes in addition to the route selected by the sender. primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer. [0093] there is always one complete network route and several special purpose routes which are used to send setpoint and other settings from the gateways 22 or 202 to the final control commands.. [0092], primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer.)
a) used to transmit test data to a first connected component (Nixon, [0088], receipt of packets by a neighboring device is acknowledged by a confirmation packet. If, the acknowledgement is not received within a predefined time period, the network device 216 may attempt to route the packet via the alternate hop. The Examiner interprets the predefined time period to correspond to a starting time and an ending time and transmitted acknowledgement/confirmation to correspond to test data) and
b) that each include two or more nodes, the combination of the two or more nodes for each of the unique routes being different than a combination of two or more nodes for any other of the unique routes; (Nixon, FIG. 11, [0073], [0092]-[0093] the routing list may specify alternate routes in addition to the route selected by the sender. primary and one or more alternate routes may be merged to avoid duplication of common parts of the path in the packet header or trailer. [0116] The interactive screen 450 may also include a neighbor number selector 459. By using the selector 459, the user may specify the maximum number of neighboring devices to consider at each individual network device during graph construction)
generating, using a value indicating the number of unique routes, (Nixon, FIG. 11, [0116] The interactive screen 450 may also include a neighbor number selector 459. By using the selector 459, the user may specify the maximum number of neighboring devices to consider at each individual network device during graph construction. The Examiner interprets the maximum number of neighboring devices to correspond to a value indicating the number of unique routes.) a link quality indicator that reflects a strength of a connection to the first connected component; (Nixon, FIG. 11, [0114] Further, the interactive screen 450 may include a threshold signal strength selector 455. By using the selector 455, the user may specify the minimum strength of a signal transmitted from a sender device which must be detected by a recipient device in order to consider a link between the sender device and the recipient device acceptable for use in a graph.) and
providing data configured to cause a display of a user device to depict a representation of the link quality indicator. (Nixon, Figures 10-14, [0112]-[0114], providing data as shown in Fig. 11 to cause a display including link quality indicators such as dB. [0110], the network tool 45 may display a signal quality indicator 420 next to the wireless link 416. [0111] one of the toggle buttons 432 may cause the network design tool 45 to display only those wireless links that pass a predefined quality criteria, such as, for example, the signal quality exceeding -10 dB. [0112], The network design tool 45 may illustrate the direction of each wireless link by means of an arrow, such as the arrow on the link 416 pointing in the direction of the network access symbol 412 to indicate that the link 416 is part of an upstream graph.)
Allowable Subject Matter
4. Claims 23, 34, and 39 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.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boudreaux et al, US 2016/0057048 discloses [0036] Coordinator 211 performs a check to determine whether the route count incremented by one exceeds a maximum count stored in routing table 207. In this example implementation, the maximum count is a number corresponding to (e.g., equal to) the greatest number of hops through which a packet will be routed.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469
Prosecution Insights