DETAILED ACTION
This is in response to the RCE filed on July 8th 2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/22/26 has been entered.
Response to Arguments
Applicant’s arguments, see pg. 7-10, filed 6/22/26, with respect to the rejection(s) of claim(s) 1, 12 and 16 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kuwahara et al. US 11,330,425 B2.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-12, 16-19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson US 2013/0090853 A1 in view of Hackett US 2011/0111700 A1 (cited in IDS filed 12/16/25) and Kuwahara et al. US 11,330,425 B2.
Regarding claim 1, Anderson discloses a telemetry communication system for an industrial plant (Fig. 1, paragraph 2) comprising:
an external plant device (central server is remote from industrial plant – see Fig. 1, paragraphs 2-3);
and an outstation comprising a primary communication system and a secondary communication system separate from the primary communication system, the primary communication system comprising a low rate telemetry device configured for executing a primary communication method comprising at least one of a low power communication methodology and a low bandwidth communication methodology for communicating with the external plant device, the secondary communication system comprising a high rate telemetry device … and configured for executing a secondary communication method comprising at least one of a high power communication methodology and a high bandwidth communication methodology for communicating with the external plant device (system transmits in a low-power or low-bandwidth mode during normal operation, which is equivalent to the claimed primary communication system, but is capable of switching to transmitting high resolution data upon occurrence of an event, this is equivalent to the secondary communication system – see abstract, Fig. 3, paragraphs 2-3, 10, 44-45; also paragraphs 13-14 and Fig. 1 which show multiple communication interfaces).
Anderson does not explicitly disclose the secondary communication system remains in a sleep mode or powered off until the outstation determines the secondary communication system is required for a communication task. But this is taught by Hackett (transceiver sleep state – paragraph 119; sleep when communication is not required – paragraph 151; transceiver put in sleep mode when not in use – paragraph 180).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Anderson with the sleep mode or power off taught by Hackett for the purpose of conserving power. It is a well-known problem in the art that power must be managed because it is a limited resource. Hackett explicitly teaches that power conservation is important and sleep mode provides power management to reduce power consumption (see paragraphs 180 and 260).
The combination of Anderson and Hackett does not explicitly disclose the primary and secondary communication systems are “different” devices but it is well-known in the art to have different devices for the purpose of redundancy / backup. Kuwahara discloses a system having a first communication device and a second communication device (Fig. 2, col. 5 ln. 8-10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Anderson and Hackett with the different communication devices taught by Kuwahara. As mentioned above, one of ordinary skill in the art would understand that a second different device provides a backup system thereby providing redundancy. Kuwahara also discloses the second communication device can provide data that may be useful to diagnose the first communication device in the event of a failure (see col. 11 ln. 28-50). Kuwahara further teaches that because the devices are different, they have different power requirements thereby providing a communication method in the event of power failure (see col. 18 ln. 11-30).
Regarding claim 2, Anderson discloses the external plan device comprises a master outstation (central server – Fig. 1, paragraph 12; central is equivalent to “master” under broadest reasonable interpretation).
Regarding claim 3, Anderson discloses the external plant device comprises a Supervisory Control and Data Acquisition (SCADA) system (SCADA – paragraphs 2, 95).
Regarding claim 4, Anderson discloses the external plant device comprises an additional outstation of the industrial plant (the external plant device / central server is an “outstation” from the industrial plant because it is remote – see Fig. 1, paragraphs 2-3).
Regarding claim 5, Anderson discloses wherein the outstation, upon an event, is configured to determine whether to use the primary communication system or secondary communication system to communication with the external plant device (critical/triggering event changes system transmission method - abstract, Fig. 3, paragraphs 2-3, 10, 25, 44-45).
Regarding claim 6, Anderson discloses wherein the event comprises the outstation receiving an input from the external plant device, the input being indicative of requiring the primary communication method or secondary communication method (the triggering event of Fig. 3, may be activated by remote command – see paragraph 56; and Anderson explicitly teaches receiving commands “from the central server” – paragraph 2).
Regarding claim 7, Anderson discloses the event comprises a schedule indicative of a first predetermined time allotted for the primary communication method and a second predetermined time allotted for the secondary communication method (schedule of transmissions upon event trigger – paragraphs 62-94 and Figs. 3-4).
Regarding claim 8, Anderson discloses the primary communication system comprises a land-based data radio (radio – see Fig. 1, paragraph 14).
Regarding claim 9, Anderson discloses the secondary communication system comprises a cell modem (cellular network – paragraph 95, Fig. 1).
Regarding claim 10, Anderson discloses the primary communication method comprises one of terrestrial radio broadcasting and LTE-M (radio – paragraph 14, Fig. 1).
Regarding claim 11, Anderson does not explicitly disclose Long Term Evolution (LTE), but this would have been obvious to one of ordinary skill in the art before the effective filing date based on Anderson disclosing the use of cellular networks (paragraph 95). LTE is merely a standard (4G) that is very well-known in the art. Thus, this is merely the combination of a well-known technique according to its established function in order to yield a predictable result.
Regarding claim 12, it is a device claim that corresponds to the system of claim 1. Anderson explicitly discloses remote telemetry devices (Fig. 1, paragraph 2). Thus, the corresponding limitations are rejected for the same reasons and the motivation to combine is the same. Anderson also discloses determine whether to … communicate with the external plant device based on a schedule indicative of a first predetermined time allotted for the primary communication and a second predetermined time allowed for the secondary communication system (communication schedule with times – see paragraphs 63-72, Figs. 3-4).
Anderson does not explicitly disclose determining whether to use the primary or secondary system based on a schedule but this is taught by Hackett (data transmitted based on schedule using one type of communication system, and another type in response to a request/command – paragraph 109; also see paragraph 132 which teaches alternating communication modes based on schedule). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Anderson with the scheduling taught by Hackett for the purpose of improving efficiency. Hackett teaches using different transmission systems with a schedule of times allows for power conservation and more efficient communication (paragraph 151).
Regarding claim 16, it is a method claim that corresponds to the system of claim 1 but is broader in scope because it does not define the primary or secondary communication systems. The corresponding limitations are rejected for the same reasons. The motivation to combine is the same. Anderson also discloses receiving an input indicative of requiring a primary or secondary communication method (receive event which controls transmission method – abstract, paragraphs 3, 10, 25 and Fig. 3).
Regarding claim 17, Anderson discloses sending data from the external plant device/central server and receiving commands from the central server (paragraphs 3, 56, Fig. 1)
Regarding claim 18, Anderson discloses the input comprises a schedule indicative of a first predetermined time allotted for the primary communication method and a second predetermined time allotted for the secondary communication method (schedule of transmissions upon event trigger – paragraphs 62-94 and Figs. 3-4).
Regarding claim 19, Anderson discloses the primary communication method requires less power than the secondary communication method (primary method transmits nominally minimum volumes of data compared to secondary method which is activated upon event - abstract, Fig. 3, paragraphs 2-3, 10, 25, 44-45).
Regarding claim 22, the combination of Anderson and Hackett does not explicitly disclose the predetermined times corresponds to normal operating hours for the industrial plant, and non-operating hours for the industrial plant. However, these time frames cover all time scenarios (i.e. the plant is either operating, or it is not). Since the combination of Anderson and Hackett clearly teaches using time/scheduling to control transmission (e.g. see Fig. 3 of Anderson and paragraphs 75-93 which teach communicating data over a period covering 6am – 1am), they necessarily read on transmitting during operating hours as well as non-operating hours.
Regarding claim 23, Anderson does not explicitly disclose the primary communication system if physically distinct from the secondary communication system but this is taught by Kuwahara as discussed above (see Fig. 2). The motivation to combine is the same.
Regarding claim 24, Anderson does not explicitly disclose the primary and secondary communication systems are configured to provide redundancy, wherein the secondary system serves as a backup for the primary communication system in the event the primary communication system fails and vice versa. But this is taught by Kuwahara as discussed above (secondary system provides communication in the case of power failure of the primary system - see col. 18 ln. 11-30). The motivation to combine is the same.
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson and Hackett in view of Kuwahara and in further view of Gulbay et al. US 2020/0100269 A1.
Regarding claim 21, the combination of Anderson, Hackett and Kuwahara does not explicitly disclose the first predetermined time corresponds to a time when the device is not connected to a power source, and the second predetermined time corresponds to a time when the device is connected to a power source. But this is taught by Gulbay as determining whether the device is connected to a power source and taking different communication actions depending on result of the power source determination (see paragraphs 54, 65, 85 and Figs. 4-5). It would have been obvious to one of ordinary skill in the art to modify the combination of Anderson and Hackett to determine whether a power source was connected as taught by Gulbay for the purpose of deciding which communication system to use. The art teaches using low power and higher power communication. The art further teaches that power conservation is important. Thus, it would have been obvious to select a communication system based on determining that a power source is connected to enhance power conservation when necessary. Gulbay specifically teaches this by disclosing that when power source is connected, power saving measures are not as critical (paragraph 54).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MacDonald et al. US 2018/0343195 A1 discloses a first and second communication path using different/distinct networks and equipment (see Fig. 3, paragraph 28).
Stepanik et al. US 2004/0075566 A1 discloses an industrial plant with sensors and SCADA (paragraphs 3-6, Fig. 1) wherein multiple modes of communication can be configured and the system automatically selects an appropriate communication mode to transmit data (abstract).
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/JASON D RECEK/Primary Examiner, Art Unit 2458
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