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 .
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.
DETAILED ACTION
This communication is in response to Application No. 18/750,435 filed on 21 June 2024. The election response presented on 23 January 2026 which elects without traverse to Group I. Such claims include claims 1-14, added new claims 21-26. Claims 1-14 and 21-26 are currently pending and subject to examination.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-14 in the reply filed on 23 January 2026 is acknowledged.
Accordingly, claims 15-20 are cancelled from consideration without disclaimer, waiver, or prejudice in order to comply with the Restriction Requirement and to expedite prosecution of the application without taking a position on the correctness of the restriction requirement. Cancellation of claims herein is not to be construed as a surrender of any subject matter in the instant application, and the right to pursue protection for the subject matter of the withdrawn claims in one or more divisional patent applications is expressly reserved.
II. New Claims
New independent claims 21 and 24 have been added, respectively directed to a non- transitory machine-readable medium and a method corresponding to the features of independent claim 1. New dependent claims 22-23 and 25-26 depending from claims 21 and 24 respectively, have also been added.
Election was made without traverse in the reply filed on October 15, 2025.
Claims 1-14 and 21-26 are pending in instant application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 7-11, 21-22 and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Marquez et al. (.US 2023/0393443 A1); in view of VANGEEL et al. (US 2022/0039245 A1).
Regarding claim 1, Marquez discloses A device, comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations ([paragraph 0194, 0197] describes a network system (e.g. a device) comprising a processing system (e.g., in the facility or outside of the facility) including a processor and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of various operations) comprising:
obtaining building information indicative of physical characteristics of a building ([paragraph 0108-0111, 0148] describes obtaining building information and physical characteristics for example building having four faces or sides: A North face, a South face, an East Face, and a West Face. Consider that the building has ten floors. In such an example, each zone may correspond to the set of tintable windows on a particular floor and on a particular one of the four faces and one or more physical characteristics);
obtaining first network status information indicative of first wireless network capabilities provided by first equipment inside the building ([paragraph 0016, 0019, 0112, 0131] describes obtaining network status information such as the network infrastructure is available for various purposes such as for providing communication and/or power services. The communication services may comprise high bandwidth (e.g., wireless and/or wired) communications services, network ID, network provides power and communication, which network is configured for at least fourth (4G) or at least fifth (5G) generation cellular communication. In some embodiments, the network is configured for media and/or video transmission using coaxial cables, optical wires, and/or twisted wires (e.g. network capabilities) provided by a device (e.g. equipment) inside the building);
obtaining second network status information indicative of second wireless network capabilities provided by second equipment outside the building ([paragraph 0016, 0019, 0112, 0194] describes obtaining another network status information (e.g. second network information) such as the network infrastructure is available for various purposes such as for providing communication and/or power services. The communication services may comprise high bandwidth (e.g., wireless and/or wired) communications services, network ID, network provides power and communication, which network is configured for at least fourth (4G) or at least fifth (5G) generation cellular communication. In some embodiments, the network is configured for media and/or video transmission using coaxial cables, optical wires, and/or twisted wires (e.g. network capabilities) provided by another device (e.g. second equipment ) outside the building);
obtaining user demand information indicative of user demand for wireless communication services within the building ([paragraph 0112, 0240-0241, 0274-0275] describes obtaining user demand may comprise high bandwidth (e.g. wireless) communication services inside the building);
Marquez doesn’t explicitly disclose providing the building information, the first network status information, the second network status information and the user demand information to a machine learning (ML) mechanism in order to facilitate generation by the ML mechanism of an output; responsive to the providing, receiving from the ML mechanism the output; and presenting the output in visual form, in audio form, as data, as a graph, as a chart, as a table or any combination thereof.
However, VANGEEL in a similar field of endeavor, discloses providing the building information, the first network status information, the second network status information and the user demand information to a machine learning (ML) mechanism in order to facilitate generation by the ML mechanism of an output ([paragraph 0055, 0159-0161 describes building information, first network status information and another network status information and user need (e.g. demand) such as that luminaires/light sources are properly allocated to designated areas, as well as properly allocated to respective gateways [paragraph 0055, 01115-0117, 0159-0161] describes providing building information, first network status information and another network status information and user need (e.g. demand) such as that luminaires/light sources are properly allocated to designated areas, as well as properly allocated to respective gateways to machine learning technique (e.g. a machine learning (ML) mechanism) to derive useful analytics which are then presented to the end user);
responsive to the providing, receiving from the ML mechanism the output; and presenting the output in visual form, in audio form, as data, as a graph, as a chart, as a table or any combination thereof ([paragraph 0031, 0075, 0082-0084, 0115-0117] describes in response to providing information, machine learning techniques may be employed to derive useful analytics which are then presented to the end user in the form of graphs and other visualization modes, audio form, images form and video etc.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez to include providing the building information, the first network status information, the second network status information and the user demand information to a machine learning (ML) mechanism in order to facilitate generation by the ML mechanism of an output; responsive to the providing, receiving from the ML mechanism the output; and presenting the output in visual form, in audio form, as data, as a graph, as a chart, as a table or any combination thereof as taught by VANGEEL. One ordinary skill in the art would be motivated to utilize the teachings of Marquez in the VANGEEL system in order to present localization information associated with the devices, map views of various floors of buildings ([paragraph 0058] in VANGEEL).
Regarding claim 2, the combination of Marquez and VANGEEL teaches the device, wherein the building is an existing building or a planned building, the building information is historic, current, predicted, or any combination thereof (Marquez: [paragraph 0213, 0273, 0294, 0302] describes the building is an existing building and the building information is historical value, current profile, predicted future etc.),
the first network status information is historic, current, predicted, or any combination thereof, the second network status information is historic, current, predicted, or any combination thereof ([Marquez: [paragraph 0016- 0019, 0112, 0194, 0213, 0294] describes network status information and another network status information (e.g. second network information) is historical value, current profile, predicted future etc.),
and the user demand information is historic, current, predicted, or any combination thereof (Marquez: [paragraph 0112, 0240-0241, 0274-0275, 0294] describes obtaining user demand may comprise high bandwidth (e.g. wireless) communication services inside the building is current demand or future predicted demand).
Regarding claim 3, the combination of Marquez and VANGEEL teaches the device, wherein the ML mechanism comprises one or more models (VANGEEL: [paragraph 0116-0117] describes machine learning technique (e.g. a machine learning (ML) mechanism) comprises model).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez to include wherein the ML mechanism comprises one or more models as taught by VANGEEL. One ordinary skill in the art would be motivated to utilize the teachings of Marquez in the VANGEEL system in order to manages operation of the cloud-based monitoring and control system ([paragraph 0117] in VANGEEL).
Regarding claim 7, the combination of Marquez and VANGEEL teaches the device, wherein the physical characteristics of the building comprise: location, size, orientation, elevation, construction materials, construction methods, or any combination thereof (Marquez: [paragraph 0006-0007, 0148, 0151] describes physical characteristics of the building includes a building location and/or absolute location (e.g., latitude, longitude and/or elevation), size and/or complexity of the building [Marquez: paragraph 0186, 0226] describes physical characteristics of the building includes construction materials used for building).
Regarding claim 8, the combination of Marquez and VANGEEL teaches the device, wherein the first wireless network capabilities provided by the first equipment inside the building comprise: signal strength, signal quality, channel selection, or any combination thereof (Marquez: [paragraph 0143, 0182-0183] describes network is configured for at least fourth (4G) or at least fifth (5G) generation cellular communication. In some embodiments, the network is configured for media and/or video transmission using coaxial cables, optical wires, and/or twisted wires (e.g. network capabilities) provided by a device (e.g. equipment ) inside the building includes signal strength, channel selection etc.).
Regarding claim 9, the combination of Marquez and VANGEEL teaches the device, wherein the second wireless network capabilities provided by the second equipment outside the building comprise: signal strength, signal quality, channel selection, or any combination thereof (Marquez: [paragraph 0143, 0182-0183] describes network is configured for at least fourth (4G) or at least fifth (5G) generation cellular communication. In some embodiments, the network is configured for media and/or video transmission using coaxial cables, optical wires, and/or twisted wires (e.g. network capabilities) provided by another device (e.g. second equipment ) outside the building includes signal strength, channel selection etc.).
Regarding claim 10, the combination of Marquez and VANGEEL teaches the device, wherein the user demand for the wireless communication services within the building comprise user density, user behavior, or any combination thereof (Marquez: [paragraph 0093, 0112, 0240-0241] describes obtaining user demand includes user quantity or population, user behavior such as a user (e.g., building manager) may define operation (e.g., tint) schedules for the devices (e.g., optically switchable windows) and/or rules for regulating the environment (e.g., lighting and/or temperature) within the building. A user (e.g., manager) may set permissions for other users).
Regarding claim 11, the combination of Marquez and VANGEEL teaches the device, wherein the ML mechanism is separate from the device (VANGEEL: [paragraph 0116-0117] describes cloud based system (e.g. device) and machine learning technique (e.g. a machine learning (ML) mechanism) comprises model which are separate system and model).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez to include wherein the ML mechanism is separate from the device as taught by VANGEEL. One ordinary skill in the art would be motivated to utilize the teachings of Marquez in the VANGEEL system in order to manages operation of the system ([paragraph 0117] in VANGEEL).
Regarding claim 21, this claim contains limitations found within that of claim 1 and the same rationale to rejection is used except for the claim 21 a non-transitory machine-readable medium comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising. In the combination, Marquez teaches a non-transitory machine-readable medium comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising (Marquez: [paragraph 0037] describes a non-transitory computer-readable program instructions (e.g., included in a program product comprising one or more non-transitory medium) comprising machine-executable code that, upon execution by one or more processors performing various operations).
Regarding claim 22, this claim contains limitations found within that of claim 2 and the same rationale to rejection is used.
Regarding claim 24, this claim contains limitations found within that of claim 1 and the same rationale to rejection is used.
Regarding claims 25-26, these claims contain limitations found within that of claims 7-8 and the same rationale to rejections are used.
Claims 4-6, 12-14 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Marquez et al. (US 2023/0393443 A1); in view of VANGEEL et al. (US 2022/0039245 A1); and further in view of Doostnejad et al. (US 20230305895 A1).
Regarding claim 4, Marquez and VANGEEL fails to teach the device, wherein the output comprises: one or more first recommended changes to be made to the first wireless network capabilities provided by the first equipment inside the building; first estimated costs associated with the first recommended changes; first estimated customer benefits associated with the first recommended changes; one or more second recommended changes to be made to the wireless network capabilities provided by the second equipment outside the building; second estimated costs associated with the second recommended changes; second estimated customer benefits associated with the second recommended changes; or any combination thereof
However, Doostnejad teaches the device, wherein the output comprises: one or more first recommended changes to be made to the first wireless network capabilities provided by the first equipment inside the building; first estimated costs associated with the first recommended changes; first estimated customer benefits associated with the first recommended changes (Doostnejad: [paragraph 0052, 0100-0101, 0114, 0231-0232] describes ML output comprises first recommended changes to be applied that there is Wi-Fi network load availability to accommodate the first device inside the building direct the first device inside the building to switch from 5G cellular to Wi-Fi or first wireless connection capability);
one or more second recommended changes to be made to the wireless network capabilities provided by the second equipment outside the building; second estimated costs associated with the second recommended changes; second estimated customer benefits associated with the second recommended changes; or any combination thereof (Doostnejad: [paragraph 0052, 0100-0101, 0230, 0236] describes ML output comprises another recommended changes (e.g. second recommendation) to be applied that another device outside building switch over from Wi-Fi to 5G cellular or a second wireless connection that has improved strength and quality with respect to the first wireless connection).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez/ VANGEEL to include wherein the output comprises: one or more first recommended changes to be made to the first wireless network capabilities provided by the first equipment inside the building; first estimated costs associated with the first recommended changes; first estimated customer benefits associated with the first recommended changes; one or more second recommended changes to be made to the wireless network capabilities provided by the second equipment outside the building; second estimated costs associated with the second recommended changes; second estimated customer benefits associated with the second recommended changes; or any combination thereof as taught by Doostnejad. One ordinary skill in the art would be motivated to utilize the teachings of Marquez/ VANGEEL in the Doostnejad system in order to output a recommendation indicative of the devices to switch network connections for improved communication signal strength and/or quality ([paragraph 0246] in Doostnejad).
Regarding claim 5, the combination of Marquez, VANGEEL and Doostnejad teaches the device, wherein: the one or more first recommended changes to be made to the first wireless network capabilities provided by the first equipment inside the building comprise: upgrading of the first equipment inside the building, downgrading of the first equipment inside the building, removing of the first equipment inside the building, adding additional wireless networking equipment inside the building, or any first combination thereof (Doostnejad: [paragraph 0072-0073, 0182, 0275] describes first recommended changes to Wi-Fi or first wireless connection capability comprises modify a Wi-Fi connection. For example, the DDN control circuitry may enable and/or disable a network adapter, a modem, and/or any communication/interface circuitry. The connection evaluation circuitry may also obtain telemetry data including a communication signal strength associated with device inside building);
and the one or more second recommended changes to be made to the second wireless network capabilities provided by the second equipment outside the building comprise: upgrading of the second equipment outside the building, downgrading of the second equipment outside the building, removing of the second equipment outside the building, adding additional wireless networking equipment outside the building, or any second combination thereof (Doostnejad: [paragraph 0072-0073, 0182, 0275] describes first recommended changes to 5G or second wireless connection capability comprises modify a cellular connection, a Bluetooth connection, etc. For example, the DDN control circuitry may enable and/or disable a network adapter, a modem, and/or any communication/interface circuitry. The connection evaluation circuitry may also obtain telemetry data including a communication signal strength associated with device outside building).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez/ VANGEEL to include wherein the one or more first recommended changes to be made to the first wireless network capabilities provided by the first equipment inside the building comprise: upgrading of the first equipment inside the building, downgrading of the first equipment inside the building, removing of the first equipment inside the building, adding additional wireless networking equipment inside the building, or any first combination thereof; and the one or more second recommended changes to be made to the second wireless network capabilities provided by the second equipment outside the building comprise: upgrading of the second equipment outside the building, downgrading of the second equipment outside the building, removing of the second equipment outside the building, adding additional wireless networking equipment outside the building, or any second combination thereof as taught by Doostnejad. One ordinary skill in the art would be motivated to utilize the teachings of Marquez/ VANGEEL in the Doostnejad system in order to output a recommendation indicative of the devices to switch network connections for improved communication signal strength and/or quality ([paragraph 0246] in Doostnejad).
Regarding claim 6, the combination of Marquez, VANGEEL and Doostnejad teaches the device, wherein each of the first estimated customer benefits and the second estimated customer benefits comprise: improved communications bandwidth, improved communications speed, improved communications reliability, or any combination thereof (Doostnejad [paragraph 0124, 0147-0148, 0185-0186] describes users or customers estimated benefits (the first estimated customer benefits and the second estimated customer benefits) include processing of multiple spectrums such as updates or changes to bandwidth capacity [Doostnejad: paragraph 0147-0148, 0185-0186. 0272, 0289] users or customers estimated benefits (the first estimated customer benefits and the second estimated customer benefits) include modify or improved communications speed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez/ VANGEEL to include wherein each of the first estimated customer benefits and the second estimated customer benefits comprise: improved communications bandwidth, improved communications speed, improved communications reliability, or any combination thereof as taught by Doostnejad. One ordinary skill in the art would be motivated to utilize the teachings of Marquez/ VANGEEL in the Doostnejad system in order to change a bandwidth associated with the data ([paragraph 0117] in Doostnejad).
Regarding claim 12, Marquez and VANGEEL fails to teach the device, wherein the ML mechanism generates the output based upon training data.
However, Doostnejad teaches the device, wherein the ML mechanism generates the output based upon training data ([paragraph 0053, 0079-0081, 0083-0084] describes Artificial Intelligence/Machine Learning (AI/ML) technique (e.g. ML Mechanism) generates output based upon training data).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez/ VANGEEL to include wherein the ML mechanism generates the output based upon training data as taught by Doostnejad. One ordinary skill in the art would be motivated to utilize the teachings of Marquez/ VANGEEL in the Doostnejad system in order to improve location, identification, machine learning, and dynamic sensor utilization applications to reduce a total cost of ownership and thereby provide a higher return on investment (ROI) for civilian, commercial, and/or industrial stakeholders ([paragraph 0060] in Doostnejad).
Regarding claim 13, the combination of Marquez, VANGEEL and Doostnejad teaches the device, wherein the ML mechanism generates the output based upon the training data that had been provided to the ML mechanism prior to the providing of the building information, the first network status information, the second network status information, and the user demand information (Doostnejad: [paragraph 0059-0060, 0064, 0163, 0269, 0330] describes providing Building information, various network connection status information (e.g. the first network status information, the second network status information) and user demand information [Doostnejad: [paragraph 0059-0060, 0083-0084, 0090, 0163, 0269, 0330] describes Artificial Intelligence/Machine Learning (AI/ML) technique (e.g. ML Mechanism) generates output based upon training data is provided to the Artificial Intelligence/Machine Learning (AI/ML) technique (e.g. ML Mechanism) prior to providing Building information, various network connection status information (e.g. the first network status information, the second network status information) and user demand information).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez/ VANGEEL to include wherein the ML mechanism generates the output based upon the training data that had been provided to the ML mechanism prior to the providing of the building information, the first network status information, the second network status information, and the user demand information as taught by Doostnejad. One ordinary skill in the art would be motivated to utilize the teachings of Marquez/ VANGEEL in the Doostnejad system in order to provide hyperparameters as part of the training process to control how the learning is performed ([paragraph 0083] in Doostnejad).
Regarding claim 14, the combination of Marquez, VANGEEL and Doostnejad teaches the device, wherein the training data (Doostnejad: [paragraph 0083-0086] describes training data) comprises:
other building information indicative of respective physical characteristics of a plurality of other buildings (Doostnejad: [paragraph 0064-0065, 0163] describes residential building and commercial building (e.g. other building) and commercial building (e.g. other building) physical characteristics such as housings may include materials that form one or more exterior surfaces that partially or fully protect contents of the appliance, in which protection may include weather protection, hazardous environment protection (e.g., electromagnetic interference (EMI), vibration, extreme temperatures), and/or enable submergibility. Example housings may include power circuitry to provide power for stationary and/or portable implementations, such as alternating current (AC) power inputs, direct current (DC) power inputs, AC/DC or DC/AC converter(s), power regulators, transformers, charging circuitry, batteries, wired inputs and/or wireless power inputs. Example housings and/or surfaces thereof may include or connect to mounting hardware to enable attachment to structures such as buildings, telecommunication structures (e.g., poles, antenna structures, etc.) and/or racks (e.g., server racks, blade mounts, etc.). Example housings and/or surfaces thereof may support one or more sensors (e.g., temperature sensors, vibration sensors, light sensors, acoustic sensors, capacitive sensors, proximity sensors, etc.));
other first network status information indicative of other first wireless network capabilities provided by respective other first equipment inside the plurality of other buildings other second network status information indicative of other second wireless network capabilities provided by respective other second equipment outside the plurality of other buildings (Doostnejad: [paragraph 0051-0053, 0114] describes other equipments such as which can include wired sensor (e.g. other first equipment) inside of commercial buildings and wireless sensor (e.g. other second equipment) in outdoor of commercial buildings, active/passive sensors etc. and its communication network connection capabilities and communication network connections can include private network space LEO satellites (e.g. other first network) , public and/or private space satellites etc. (other second network) and private network space LEO satellites (e.g. other first network) status information indicative of other first wireless network capabilities provided by respective wired sensor (e.g. other first equipment) inside the commercial buildings (e.g. plurality of other buildings) and public and/or private space satellites etc. (other second network) status information indicative of other second wireless network capabilities provided by respective wireless sensor (e.g. other second equipment) in outdoor of commercial buildings (e.g. other second equipment outside the plurality of other buildings);
and other user demand information indicative of other user demand for respective wireless communication services within the other buildings (Doostnejad: [paragraph 0051-0052, 0064-0065, 0269-0273] describes another user demands such as a bandwidth requirement, a latency requirement, etc. for respective network services within the commercial buildings (e.g. other buildings)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Marquez/ VANGEEL to include wherein the training data comprises: other building information indicative of respective physical characteristics of a plurality of other buildings; other first network status information indicative of other first wireless network capabilities provided by respective other first equipment inside the plurality of other buildings; other second network status information indicative of other second wireless network capabilities provided by respective other second equipment outside the plurality of other buildings; and other user demand information indicative of other user demand for respective wireless communication services within the other buildings as taught by Doostnejad. One ordinary skill in the art would be motivated to utilize the teachings of Marquez/ VANGEEL in the Doostnejad system in order to provide hyperparameters as part of the training process to control how the learning is performed ([paragraph 0083] in Doostnejad).
Regarding claim 23, this claim contains limitations found within that of claim 4 and the same rationale to rejection is used.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- HURST et al., US 2023/0208904 A1, Methods, systems, apparatuses, and computer readable media for providing a network analysis system are disclosed.
- Xu et al., US 2020/0064456 A1, Methods, apparatus and systems for monitoring a presence or a motion of an object in a proximity of an apparatus are described.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEHULKUMAR J SHAH whose telephone number is (571)272-1072. The examiner can normally be reached Mon-Fri, 6:05 am-3:55 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONIA DOLLINGER can be reached at 571-272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.J.S/Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459