0Notice 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 .
DETAILED ACTION
Claims 1-10, 12-13, 15-22 are pending in Instant Application.
Claims 11, 14, 23-25 are cancelled.
Claim Rejections - 35 USC § 112 is withdrawn.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of GB2118215.9 filed 12/15/2021.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 02/27/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Response to Arguments
Applicant's arguments filed in the amendment filed 02/19/2026 have been fully considered but they are not persuasive. The reasons are set forth below.
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 1-5, 7-10, 12-13, 15, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Casey et al., “hereinafter Casey” (U.S. Patent Application: 20110254697) in view of Venkatakrishnan et al., “hereinafter Venkatakrishnan” (U.S. Patent Application: 20110202189).
As per Claim1, Casey discloses a consumer access device for a smart energy system, the consumer access device comprising:
a processor, first memory for storing a plurality of applications (Casey, Para.129, The computer system 1000 also may comprise software elements, shown as being currently located within the working memory 1035, including an operating system 1040, device drivers, executable libraries, and/or other code, such as one or more application programs 1045, which may comprise computer programs provided by various embodiments… code and/or instructions executable by a computer (and/or a processor within a computer)),
second memory for secure storage of data representing consumer utility usage (Casey, Para.70, Utility monitoring device 110 may include data storage components 230 for storing utility data. Utility monitoring device 110 may include processor 235 for processing utility data., Para.74, The utility usage data may be stored on a memory coupled with the utility monitoring device. The utility usage data may be processed using a processor coupled with the memory coupled with the utility monitoring device. The processed utility usage data may be transmitted from the utility monitoring device to at least one receiving device.),
a first transceiver configured to communicate with a domestic smart meter or CT clamp to receive secure utility data representing utility usage from the domestic smart meter or CT clamp (Casey, Para.07, A utility monitoring device may provide real time data regarding utility usage for one or more different types of utilities, such as natural gas, electricity, and/or water, to name but a few examples. In some cases, a utility monitoring device can receive and/or process usage data directly from a utility meter (and/or might be incorporated within a utility meter)., Para.46, Utility monitoring device 110 may transmit utility usage data securely, Para.64, The transmission device may be configured to transmit automatically and securely utility usage data from utility meter 140. An access device may be in communication with the transmission device to receive the secure utility usage data. A DSL modem may be in communication with the access device, Para.09, receiving utility usage data at the utility monitoring device transmitted from a metering device at a premises of a utility user. The utility usage data may be stored on a memory coupled with the utility monitoring device, Para.13, A utility monitoring device may include a variety of components including a housing, an interface for receiving utility usage data from the utility user, a memory included within the housing, wherein the memory stores utility usage data received from a metering device of the utility user, a processor coupled with the memory for processing the utility usage data, and an interface for transmitting the processed utility usage data to a receiving entity device. ), and
the processor being programmed to store the secure utility data representing the utility usage via the first transceiver in the second memory (Casey, Para.74, The utility usage data may be stored on a memory coupled with the utility monitoring device. The utility usage data may be processed using a processor coupled with the memory coupled with the utility monitoring device. The processed utility usage data may be transmitted from the utility monitoring device to at least one receiving device.),
the processor further being programmed in response to a request for secure data from an application, to provide the secure data to the application (Casey, Para.78, providing the utility usage data (or a portion thereof) can comprise providing the data to an application (e.g., an application or applet running on a mobile device, such as a tablet, PDA, or mobile phone). In some cases, the utility monitoring device might transmit the data directly to the application (either spontaneously or based on a request from the application), while in other cases, the utility monitoring device might provide the data to an external server that subsequently provides the data to the application, Para.88, Data security modules may be configured to provide several different functions with respect to providing secure data transmission between devices. For example, data security modules may include initialization functionality to set up an initial process of exchange keys between devices.).
However Casey does not disclose a second transceiver configured to communicate with at least one server to download at least new applications for the consumer access device and the processor also being programmed to download a plurality of applications to the first memory and to execute applications stored in the first memory.
Venkatakrishnan discloses second transceiver configured to communicate with at least one server to download at least new applications for the consumer access device (Venkatakrishnan, Para.163, Once the HEG knows which appliances are on the network, it can also check the serves for updates for those devices, and download that software if needed, Para.164, When the consumer buys a new washer, and registers it with the HEG. The software can contact the associated server, and be given an app to download. This app allows the consumer to set more detailed control of the appliance.)
and the processor also being programmed to download a plurality of applications to the first memory and to execute applications stored in the first memory (Venkatakrishnan, Para.162, Each of these software applications/programs/sets can be upgraded independently of each other. The desktop (or laptop) and smart phone Apps also have a service that allows for interaction with the HEG. For example the service can ping a server associated with the HEG (e.g., one that specifically supports the HEG as may be established and maintained by or for the HEG manufacturer) every day checking for the latest software release. As new software becomes available, either to correct issues or add features, they can down load the newest HEG software and the push it down to the HEG. This way software sets can be upgraded independently of each other, Para.71, a Web CAS could also be used, where a Web CAS is typically downloaded on demand each time it is executed, allowing developers to update the application for all users as needed.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Casey with the teachings as in Venkatakrishnan. The motivation for doing so would have been for implementing an energy data management control system is configured to allow a user to control operation of the data management system among a plurality of modes (Venkatakrishnan, Para.15).
With respect to Claim 19 and 20 are substantially similar to Claim a and is rejected in the same manner, the same art and reasoning applying.
As per Claim 2, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, further comprising a display (Casey, Para.76, the display of the utility usage data might include displaying the status (e.g., powered on, powered off, in active use, not in active use, enabled, disabled, whether any of a variety of power saving features are enabled or disabled, and/or the like) of each of one or more smart or controllable devices.).
As per Claim 3, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, wherein the processor is further programmed to pair with at least one user device to provide a user interface (Casey, Para.83, the user interface (whether provided by an application, a webpage, or otherwise) might allow the user to select that status (or otherwise select the controllable device) within the user interface. Based on selection of the device, the user interface might display options for the control of that device, and selection of one of the options might result in the receipt by the utility monitoring device of the corresponding operation instruction.).
As per Claim 4, Casey in view of Venkatakrishnan discloses the consumer access device of claim 3, wherein the processor is further programmed only to transmit the secure utility data representing utility usage to the user device in encrypted form (Casey, Para.61, the utility usage data may be encrypted. In some embodiments, utility usage data may be securely transmitted using methods, networks, and or protocols such as SSL, VPN, HTTPS and/or other known methods for securely transmitting data over different communications channels).
As per Claim 5, Casey in view of Venkatakrishnan discloses the consumer access device of claim 3, wherein the processor is further programmed to pair with at least two user devices to provide user interfaces (Casey, Para.97, utility usage presentation modules may format the presentation of utility usage information for different devices. For example, utility usage presentation modules may format for presentation on computer screen 530-a, 530-b, cell phone 510-a, 510-b, television 520, PDA 540, or other devices 550, merely by way of example. Utility usage presentation modules may be configured to present information to different devices based on preferences of a user and/or characteristics of the devices, Para.124, the method 900 comprises receiving operation instructions (e.g., via the communication interface and/or from a utility monitoring device, computer system, etc.; and/or directly via the smart power distribution device's own user interface).).
As per Claim 7, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, further comprising a third transceiver comprising a short range wireless transceiver (Casey, Para.128, The computer system 1000 might also include a communications subsystem 1030, which can include without limitation a modem, a network card (wireless or wired), an infra-red communication device, a wireless communication device and/or chipset (such as a Bluetooth.TM. device, an 802.11 device, a WiFi device, a WiMax device, a WWAN device, cellular communication facilities, etc.), and/or the like.).
As per Claim 8, Casey in view of Venkatakrishnan discloses the consumer access device of claim 7, wherein the third transceiver comprises a BluetoothTM transceiver (Casey, Para.128, The computer system 1000 might also include a communications subsystem 1030, which can include without limitation a modem, a network card (wireless or wired), an infra-red communication device, a wireless communication device and/or chipset (such as a Bluetooth.TM. device, an 802.11 device, a WiFi device, a WiMax device, a WWAN device, cellular communication facilities, etc.), and/or the like.).
As per Claim 9, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, wherein the processor is programmed to provide the secure utility data to an application using a public/private key pair (Casey, Para.87, Data security modules may be configured to secure private transmission of utility usage data. This may be done in a variety of ways. For example, data transmitted from remote utility monitor device 110-a to base receiver 110-n may be encrypted. The encryption may utilize either public and/or private keys.).
As per Claim 10, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, wherein the first transceiver comprises a ZigBeeTMtransceiver, and/or wherein the second transceiver comprises a WiFiTM transceiver (Casey, Para.05, Home Networking mechanisms such as X10, Z-Wave, and Zigbee, Para.56, Utility monitoring device 110 may include and/or be coupled with a wireless access component and/or point (for example, a "WiFi AP"). (Although the term "WiFi" is used herein for convenience, it should be appreciated that this term includes any appropriate wireless transmission technologies, including without limitation the IEEE 802.11 suite of protocols, as well as WiMax, Bluetooth, Wireless USB, CDMA- and/or GSM-based technologies, and/or the like.) Through a WiFi AP, a utility monitoring device may receive utility usage data from a data collection device.).
As per Claim 12, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, further comprising a fourth transceiver for communicating with appliances (Casey, Para.07, a device can receive and/or process data from smart appliances, smart power distribution devices, etc. Utility monitoring devices in accordance with various embodiments can send and/or receive using a variety of techniques and/or media, including without limitation via a broadband network, via a wireless network, and/or the like.).
As per Claim 13, Casey in view of Venkatakrishnan discloses the consumer access device of claim 12, wherein the fourth transceiver comprises one of: a Machine-to-Machine transceiver; or a powerline transceiver (Casey, Para.44, Control data may be used to control, monitor, or maintain devices in communication with utility meter 140. In some embodiments, this may be achieved through a power line communications network in communication with utility meter 140.).
As per Claim 15, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, wherein the processor is further programmed to receive data representing usage of more than one utility (Casey, Para.71, Utility monitoring device 110 may also be configured to include usage rules combined with control capabilities in order to control the usage of different utilities and/or devices based on those rules, Para.104, Utility usage presentation modules may also provide for the presentation of utility bills. Bill payment may be done for different utilities, such as gas, water, and/or electricity.).
As per Claim 18, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1, wherein the processor is programmed to execute one or more of the plurality of applications automatically and to execute one or more further applications on consumer request (Casey, Para.78, providing the utility usage data (or a portion thereof) can comprise providing the data to an application (e.g., an application or applet running on a mobile device, such as a tablet, PDA, or mobile phone). In some cases, the utility monitoring device might transmit the data directly to the application (either spontaneously or based on a request from the application), while in other cases, the utility monitoring device might provide the data to an external server that subsequently provides the data to the application. Such a server might be operated by the utility provider, a third party, etc., either as a standard service or a value-added service (for which a fee might be charged), Para.123, when the utility usage data for a particular output interface is stored and/or reported, that data is correlated with a label for that interface, to facilitate interpretation of the utility usage data. The utility usage data might be provided on a scheduled basis, in response to a request from a requesting device or the user interface, etc.).
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Casey et al., “hereinafter Casey” (U.S. Patent Application: 20110254697) in view of Venkatakrishnan et al., “hereinafter Venkatakrishnan” (U.S. Patent Application: 20110202189) and further in view of Jarvensivu (U.S. Patent Application: 20020188736).
As per Claim 6, Casey in view of Venkatakrishnan discloses the consumer access device of claim 5,
However Casey in view of Venkatakrishnan does not disclose wherein the processor is further programmed to limit functionality of at least one of the user devices.
Jarvensivu discloses the processor is further programmed to limit functionality of at least one of the user devices (Jarvensivu, Para.26, The present invention is directed to a system and method for controlling application usage by a terminal user. An application is associated with a particular user, such that the application is allowed to be executed only by that particular user, thereby disallowing an unauthorized terminal user from executing the application even though the unauthorized terminal user may have loaded the application onto the user's terminal via unauthorized means. In this manner, only authorized users will be allowed to execute a program or application, regardless of how the program or application was transferred to the user's terminal. This usage control facilitates the charging of applications in a manner desired by the network operator or service provider, notwithstanding unauthorized application distribution.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Casey, Venkatakrishnan with the teachings as in Jarvensivu. The motivation for doing so would have been for implementing a system and method for facilitating charging of application usage on terminals, regardless of the manner in which the application was loaded onto the terminal. (Jarvensivu, Para.11).
Claims 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Casey et al., “hereinafter Casey” (U.S. Patent Application: 20110254697) in view of Venkatakrishnan et al., “hereinafter Venkatakrishnan” (U.S. Patent Application: 20110202189) and further in view of Mojica (U.S. Patent: 8527986).
As per Claim 16, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1,
However Casey in view of Venkatakrishnan does not disclose the processor is programmed to execute a plurality of applications in succession.
Mojica discloses the processor is programmed to execute a plurality of applications in succession (Mojica, Col.1, Line:40-50, the emulation application detecting that the mobile application has self-reinstalled twice in succession; and the emulation application, based on detection of successive reinstallations, transmitting notification to an application store that the mobile application has self-reinstalled twice in succession. The method further comprises an administrator communicating with the organization that developed the mobile application to overcome the mobile application problem.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Casey, Venkatakrishnan with the teachings as in Jarvensivu. The motivation for doing so would have been for implementing a system and method for facilitating charging of application usage on terminals, regardless of the manner in which the application was loaded onto the terminal. (Jarvensivu, Para.11).
As per Claim 17, Casey in view of Venkatakrishnan discloses the consumer access device of claim 1,
However Casey in view of Venkatakrishnan does not the processor is programmed to execute successive applications after a predetermined time.
Mojica discloses the processor is programmed to execute successive applications after a predetermined time (Mojica, Col.5, Line:50-55, an out-of-sync condition may be indicated based on successive re-downloads of a mobile application, wherein the frequency of the successive re-downloads may be one of minutes, hours, days, or other period, but wherein the period of successive re-downloads appropriately indicates that an out-of-sync condition or other problem with the mobile application exists.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Casey, Venkatakrishnan with the teachings as in Jarvensivu. The motivation for doing so would have been for implementing a system and method for facilitating charging of application usage on terminals, regardless of the manner in which the application was loaded onto the terminal. (Jarvensivu, Para.11).
Claims 21, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Casey et al., “hereinafter Casey” (U.S. Patent Application: 20110254697) in view of Venkatakrishnan et al., “hereinafter Venkatakrishnan” (U.S. Patent Application: 20110202189) and further in view of Barker et al., “hereinafter Barker” (U.S. Patent: 11340939).
As per Claim 21, Casey in view of Venkatakrishnan discloses the method of operating a consumer access device of claim 20,
However Casey in view of Venkatakrishnan do not disclose the step of sending the requested secure data comprises storing the secure data in a container in the first memory, which container is unique to the one of the plurality of applications.
Barker discloses sending the requested secure utility data comprises storing the secure utility data in a container in the first memory, which container is unique to the one of the plurality of applications (Barker, creating a Docker™ image that includes the source code for the software application (1020b) and by running a Docker container that is created from the image that includes the source code for the software application (1020b). In such an example, the created container can be mounted to the one or more volumes within the storage system that contain the data that is accessed by the software application (1020b), as in this particular example the first environment (1010) and the second environment (1012) include the same storage resources but have different types of processing resources.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Casey, Venkatakrishnan with the teachings as in Barker. The motivation for doing so would have been for providing application-aware analytics for storage systems (Barker, Para.24).
As per Claim 22, the modified Casey discloses the method of operating a consumer access device of claim 20, the method further comprising abstracting the secure utility data representing utility usage before sending the secure utility data to the one of the plurality of applications (Casey, Para.86, FIG. 4 shows system 400 that may include one or more utility monitoring devices 110 that may include data security modules. A data security module may include data security module 265 of FIG. 2. Data security modules may be implemented within different systems such as system 100 of FIG. 1 and/or utility monitoring device 110 of FIG. 2. Some embodiments may include a utility monitoring device 110-a associated with a customer premises or utility meter 145. This may be referred to as a remote utility monitoring device. System 400 also shows a base utility monitoring device 110-n, which may be referred to as a base receiver. In some embodiments, base receiver 110-n may be a network interface device (NID). Base receiver 110-n may be coupled with other communication devices such as NID 135 or broadband modem 125, via wireless and/or wireline connection. NID 135 and/or broadband modem 125 may be further in communication with Public and/or Private Network 150.)
The applicant Argue:
Argument 1:
Applicant argues that the reference fails to teach or suggest “first memory” and “the second memory” as recited in claim 1.
In response, Examiner would like to point out that the reference Casey does teach in Para.13, “A utility monitoring device may include a variety of components including a housing, an interface for receiving utility usage data from the utility user, a memory included within the housing, wherein the memory stores utility usage data received from a metering device of the utility user, a processor coupled with the memory for processing the utility usage data, and an interface for transmitting the processed utility usage data to a receiving entity device” and in 74, “The utility usage data may be stored on a memory coupled with the utility monitoring device. The utility usage data may be processed using a processor coupled with the memory coupled with the utility monitoring device. The processed utility usage data may be transmitted from the utility monitoring device to at least one receiving device.” And in Para.78, “providing the utility usage data (or a portion thereof) can comprise providing the data to an application (e.g., an application or applet running on a mobile device, such as a tablet, PDA, or mobile phone). In some cases, the utility monitoring device might transmit the data directly to the application (either spontaneously or based on a request from the application), while in other cases, the utility monitoring device might provide the data to an external server that subsequently provides the data to the application” and in Para.88, “Data security modules may be configured to provide several different functions with respect to providing secure data transmission between devices. For example, data security modules may include initialization functionality to set up an initial process of exchange keys between devices.).” and in Para.20, “The smart power distribution device, in an embodiment, further comprises a second communication interface configured to provide communications with the monitoring device, a second processor in communication with the second communication interface, and/or a second memory in communication with the second processor. The second memory might have stored therein a second set of machine readable code executable by the second processor to cause the smart power distribution device to perform one or more operations.” And in Para.19, “The first memory might have stored therein a first set of machine readable code executable by the monitoring device to perform one or more operations. Merely by way of example, the machine readable code might comprise code for receiving, a first set of utility usage information, and/or code for processing the utility usage information. The memory might have stored therein code for providing at least a portion of the processed utility usage information to a subscriber of the utility and/or code for providing at least a portion of the utility usage information to a provider of the utility.” And Para.129, “The computer system 1000 also may comprise software elements, shown as being currently located within the working memory 1035, including an operating system 1040, device drivers, executable libraries, and/or other code, such as one or more application programs 1045, which may comprise computer programs provided by various embodiments, and/or may be designed to implement methods, and/or configure systems, provided by other embodiments, as described herein.”.
The reference Casey discloses the monitoring device couple with the memory to store utility data. And the reference Casey also discloses working memory which could be interpreted as the first memory residing software application.
The secondary reference Venkatakrishnan discloses communicating with at least one server to download at least new applications for the consumer access device in Para.163, “Once the HEG knows which appliances are on the network, it can also check the serves for updates for those devices, and download that software if needed” and Para.164, “When the consumer buys a new washer, and registers it with the HEG. The software can contact the associated server, and be given an app to download. This app allows the consumer to set more detailed control of the appliance.”
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Casey with the teachings as in Venkatakrishnan. The motivation for doing so would have been for implementing an energy data management control system is configured to allow a user to control operation of the data management system among a plurality of modes (Venkatakrishnan, Para.15).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/NORMIN ABEDIN/Primary Examiner, Art Unit 2449