DETAILED ACTION
Status of the Application
In response filed on January 5, 2026, the Applicant amended claims 1, 3-8, 10-15, and 17-20. Claims 1-20 are pending and currently under consideration for patentability.
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 .
Response to Amendments and Arguments
v The Double Patenting rejections of claims 1-20 over the claims of US Patents No 11,798,030 and 12,073,434 have been rendered moot as a result of the Terminal Disclaimers filed on October 7, 2025.
v Applicant’s arguments, with respect to the rejection of amended claims 1, 8, and 15 (as well as each of the dependent claims) under 35 U.S.C. §103 have been considered, but are moot in view of a new grounds of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-7, 11-14, and 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
v Claims 4, 11, and 18 recite "the wireless network" in the phrase “wherein the wireless network is a WiFi network”. There is insufficient antecedent basis for this limitation in the claim. Each of the independent claims 1, 8, and 15 refer to “a wireless network”. Furthermore, each of dependent claims 3, 10, and 17 refer separately to “a wireless network”. It is therefore unclear as to which wireless network is being referred. For the purpose of examination, the phrase “a wireless network” in dependent claims 3, 10, and 17 will be interpreted as being “the wireless network”, which will ensure the recitation of "the wireless network" in claims 4, 11, and 18 has sufficient antecedent basis.
Each of dependent claims 5-7, 12-14, 19, and 20 are similarly rejected by virtue of their dependency on one of these claims.
v Claims 5, 12, and 19 recite "the media" in the phrase “wherein the set of acts further comprises obtaining media identifying information for the media”. There is insufficient antecedent basis for this limitation in the claim. Each of the independent claims 1, 8, and 15 refer to “media presented in the panelist household”. Furthermore, each of dependent claims 3, 10, and 17 refer separately to “media presented in the panelist household”. It is therefore unclear as to which media is being referred. For the purpose of examination, the phrase “media presented in the panelist household” in dependent claims 3, 10, and 17 will be interpreted as being “the media presented in the panelist household”, which will ensure the recitation of "the media" in claims 5, 12, and 19 has sufficient antecedent basis.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
v Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over McMillan (U.S. PG Pub No. 2013/0312019, November 21, 2013 - hereinafter "McMillan”) in view of Wu et al. (U.S. PG Pub No. 2016/0164725 June 9, 2016 - hereinafter "Wu”) in view of Logue et al. (U.S. PG Pub No. 2016/0374120 December 22, 2016 - hereinafter "Logue”)
With respect to claims 1, 8, and 15, McMillan teaches an audience measurement meter (Fig 1 tag 104 & Fig 2), a method, and a non-transitory computer-readable medium having stored thereon instructions that when executed by an audience measurement meter cause the audience measurement meter to perform a set of acts (Fig 7 tag 713) comprising ;
a wireless interface (claim 1) (Fig 2 tag 216 and Fig 7 tag 720, [0043] “transmitter”)
one or more processors; (claim 1) (Fig 7 tag 712, [0043] "the example meter 102 of FIG. 2 may be implemented by hardware, software, firmware and/or any combination of hardware, software and/or firmware….programmable processor(s)”)
and a memory storing instructions that when executed by the one or more processors cause the one or more processors to perform a set of acts comprising: (claim 1) ([0043] "the example meter 102 of FIG. 2 may be implemented by hardware, software, firmware and/or any combination of hardware, software and/or firmware…programmable processor(s)… defined to include a tangible computer readable medium such as a memory”)
obtaining configuration information for connecting to a wireless network, ([0025]-[0026] “The meter 102 of the illustrated example transfers collected audience measurement data and/or association data to an example remotely located central data facility…The network 124 of the illustrated example is used to communicate information and/or data between the example meter 102 and the central facility 122. The network 124 may be implemented using any type(s) of public and/or private network, or combination thereof, such as, but not limited to, the Internet, a telephone network, a local area network ("LAN"), a cable network, and/or a wireless network. To enable communication via the network 124, the meter 102 of the illustrated example includes one or more communication interfaces that enable connection to an Ethernet, a digital subscriber line ("DSL"), a telephone line, a coaxial cable, and/or any wireless connection, etc.” – connection to a private local area wireless network inherently requires obtaining configuration information for connecting to the private local area wireless network and therefore the meter must obtain configuration information for connecting to a private local area wireless network in some way)
connecting to the wireless network using the configuration information, ([0025]-[0026] “The meter 102 of the illustrated example transfers collected audience measurement data and/or association data to an example remotely located central data facility…The network 124 of the illustrated example is used to communicate information and/or data between the example meter 102 and the central facility 122. The network 124 may be implemented using any type(s) of public and/or private network, or combination thereof, such as, but not limited to, the Internet, a telephone network, a local area network ("LAN"), a cable network, and/or a wireless network. To enable communication via the network 124, the meter 102 of the illustrated example includes one or more communication interfaces that enable connection to an Ethernet, a digital subscriber line ("DSL"), a telephone line, a coaxial cable, and/or any wireless connection, etc.” – connection to a private local area wireless network inherently requires using configuration information for connecting to the private local area wireless network and therefore the meter must connect to the private local area wireless network using the configuration information)
obtaining media identifying information for media presented in the panelist household, and ([0016]-[0017] & [0019]-[0023] “an example meter 102 utilizes an example audio sensor (e.g., a microphone) 104 to collect audio signals that are to be analyzed to collect audience measurement data within an example monitored site 106. The monitored site 106 of the illustrated example is a household of an example user 108 (e.g., a panelist) that has volunteered, has been selected and/ or has agreed to participate in an audience measurement study (e.g., such that the residents of the household have agreed to the monitoring of their media exposure activity). The monitored site 106 of the illustrated example includes an example media presentation device 110…media source device…media device…The media presentation device 110 may be, for example, a television, a computing device…media source devices 112-116 may be, for example, a set-top box…media devices 118-120 of the illustrated example are consumer electronic devices (e.g., a computer, a mobile device… any combination of media presentation device(s) 110, media source device(s) 112-116, and/or media device(s) 118-120 may be used”…“The meter 102 of the illustrated example collects audience measurement data based on exposure of an audience (e.g., the user 108) to media presented on the media presentation device 110 and/or one or more of the media devices 118-120. The audience measurement data includes, for example, media identification data, audience identification data, activity data, channel tuning data, etc. Media identification data is data reflecting an identity of media ( e.g., programming and/or advertisements) and/or a source (e.g., broadcasting station) of such media that is being presented in the monitored site 106….To collect such audience measurement data, the meter 102 of the illustrated example captures and/or analyzes signals ( e.g., free field audio signals within the monitored site 106) via the microphone 104. The meter 102 of the illustrated example processes audio signals to extract codes and/or metadata, and/or to generate signatures for use in identifying media and/or media sources…Signatures are a representation of some characteristic of the media signal (e.g., a characteristic of the frequency spectrum of the signal). Signatures can be thought of as fingerprints. Signatures are typically not dependent upon insertion of media identification codes in the media, but instead reflect an inherent characteristic of the media and/or the media signal. Systems to utilize codes and/or signatures for audience measurement are long known. See, for example, Thomas, U.S. Pat. No. 5,481,294, which is hereby incorporated by reference in its entirety…The meter 102 may collect additional or alternative audience measurement data in one or more other ways. For example, the meter 102 may determine an operational state of the media presentation device 110 by monitoring a current level at the media presentation device 110, may count/identify audience members, etc. Any method(s) may be used by the meter 102 to collect additional or alternative audience measurement data” – therefore the meter obtains media identifying information for media presented in the panelist household)
causing transmission of the media identifying information to a server via the wireless network (Fig 1 tag 104 and [0025]-[0026] “The meter 102 of the illustrated example transfers collected audience measurement data and/or association data to an example remotely located central data facility processing described above performed by the meter 102 (e.g., to create association data) is performed at the central facility 122. The central facility 122 of the illustrated example collects and/or stores, for example, audience measurement data, association data, demographic information, etc. collected by multiple media monitoring devices, such as the meter 102, associated with different monitored sites. The central facility 122 of the illustrated example includes an example server 126 and an example database 128 that may be implemented using any suitable processor, memory and/or data storage apparatus…The network 124 of the illustrated example is used to communicate information and/or data between the example meter 102 and the central facility 122. The network 124 may be implemented using any type(s) of public and/or private network, or combination thereof, such as, but not limited to, the Internet, a telephone network, a local area network ("LAN"), a cable network, and/or a wireless network. To enable communication via the network 124, the meter 102 of the illustrated example includes one or more communication interfaces that enable connection to an Ethernet, a digital subscriber line ("DSL"), a telephone line, a coaxial cable, and/or any wireless connection, etc.” – therefore the meter may cause transmission of the media identifying information to a remote server via a combination of a private wireless local area network and the internet, see also [0042])
McMillan discloses a home network comprising a variety of devices (e.g., television, smart phone, meter) that may be connected with one another via a private local area wireless network, and further where the meter may transmit the media identifying information to a remote server via a combination of the private local area wireless network and the internet. Although McMillan mentions installation of the meter within the home network/system ([0049] “when the meter 102 is initially installed in the monitored home environment…”), and although McMillan suggests that the meter may connect to any type of private local area wireless network as well as the internet in order to transmit the media identifying information to the server, McMillan is silent with respect to the installation of the meter device. McMillan does not appear to disclose,
querying a memory location in a data store of the audience measurement meter to determine a device name of the audience measurement meter, constructing an advertisement data structure that includes the device name, advertising, via the wireless interface, a presence of the audience measurement meter in a panelist household using a short-range wireless protocol
causing transmission of meter messages to a configuration device via the short- range wireless protocol, wherein each respective meter message of the meter messages is categorized based on a context of the meter message into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic
However, Wu discloses a method and system for connecting a new device (e.g. smart device/appliance) to a local private area wireless network within a home (e.g., local private WiFi) for connection to the internet and other devices in the home using the help of a mobile configuration device (e.g., mobile phone) ([0042]-[0045]. Wu discloses
querying a memory location in a data store of the audience measurement meter to determine a device name of the audience measurement meter, constructing an advertisement data structure that includes the device name, advertising, via the wireless interface, a presence of the audience measurement meter in a panelist household using a short-range wireless protocol, and causing transmission of meter messages to a configuration device via the short- range wireless protocol ([0052]-[0054] and Fig 5A tag R5 and Fig 6 tag S611 – a user in a home can use a first connection terminal CP1 (e.g., smart phone or a “configuration device”) to help set up a new smart device in their home network (e.g., the audience measurement meter in the panelist household already taught by McMillan) via combination of Bluetooth low energy (BLE) connections and sharing of SSID and WiFi configuration data – Wu also discloses wherein initializing the BLE connection comprises the new device constructing an advertisement data structure and advertising its presence in the household using the BLE protocol (see Fig 6 tag 602 where the communication device transmits a BLE service advertisement and [0054] “Here, the advertising signal is used for informing the surrounding…mobiles (i.e., the first communication terminal CP1) that the communication device with the wireless system package 100 is available and is currently active. The above acknowledge pre-linked process may be repeated in routine until the connection link is established”) – further, although a PHOSITA would understand this advertising signal/package would typically include a device name of the communication device advertising its presence Wu also discloses that this is true “[0056] “identifying the…communication device” & [0074] “ the communication device…can readout an identity information such as device serial number or the unique Bluetooth MAC address of the communication device…”, see also [0005]-[0009] & [0056]-[0073] which describe this process in context).
Wu suggests it is advantageous to query a memory location in a data store of the audience measurement meter to determine a device name of the audience measurement meter, constructing an advertisement data structure that includes the device name, advertising, via the wireless interface, a presence of the audience measurement meter in a panelist household using a short-range wireless protocol (e.g., as part of the initial Bluetooth low energy pairing between the device being installed with a smart phone in the home), because Bluetooth low energy connections are simple pairings that devices can perform with minimal human effort, and because once paired, the smart phone (or other device with which the device being installed has paired with) can transmit network configuration information (e.g., password, SSID, etc.) to the device being installed to enable the new device to connect to a private local area wireless network (e.g., private WiFi network - see [0005]-[0009] & [0052]-[0054] & [0056]-[0073]). which can enable a user to install a new device on a high-bandwidth and more secure private local area wireless network with minimum human effort or technical knowledge and can reduce the need for additional interfaces or buttons on the new device ([0005]-[0009] & [0052]-[0054] & [0056]-[0073]).
One of ordinary skill in the art would have recognized that applying the known installation and network-connection technique of Wu to McMillan would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Wu to the system/meter of McMillan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such installation components and procedures (e.g., which includes using BLE connection on a device being installed in a home network to connect with a nearby device (involving querying local memory for device name, and wirelessly advertising presence with a constructed advertisement data structure comprising the device name) in order to ultimately provide network configuration information to the new device within minimal human effort or technical skill). Further, applying this installation technique to the meter of McMillan, would have been recognized by one of ordinary skill in the art as resulting in an improved system that would allow a user to install the meter in a high-bandwidth and secure private local area wireless network with minimum human effort or technical knowledge.
Furthermore, since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of the installation and network connection procedure of Wu (including using a BLE connection on the device being installed in a home network to connect with a nearby device (involving querying local memory for device name, and wirelessly advertising presence with a constructed advertisement data structure comprising the device name) in order to ultimately provide network configuration information to the new device within minimal human effort or technical skill) for the unspecified installation and network connection procedure of McMillan. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Although Wu (and the combination of McMillan in view of Wu) disclose using the first connection terminal (e.g., smart phone or a “configuration device”) to help set up a new smart device in their home network (e.g., audience measurement meter) via combination of Bluetooth low energy (BLE) connections and sharing of SSID and WiFi configuration data, extensive details regarding the BLE communication protocol between the new device and the configuration device are not provided. Wu and McMillan does not appear to disclose,
wherein each respective meter message of the meter messages is categorized based on a context of the meter message into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic
However, Logue discloses details regarding the BLE communication protocol between two devices including a newly installed smart device ([0038]) and a configuration device such as a smart phone ([0042]) where the configuration device is used to transmit Wifi credentials such as passwords to the new device ([0006]-[0007] & [0029]-[0031]). Logue discloses
wherein each respective meter message of the meter messages is categorized based on a context of the meter message into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic ([0114]-[0150] “BLE…protocol stack…include a Generic Attribute (GATT) profile…defines a generic service framework…defines the procedures and formats of services and their characteristics. It defines the procedures for Service, Characteristic, and Descriptor discovery, reading, writing, notifying, and indicating, as well as configuring the broadcast of characteristics. The GATT profile provides a mechanism for sending and receiving short pieces of data known as “attributes” over a BLE connection. GATT is generally available on most or all implementations of BLE. Thus, although other profiles may be available, GATT may be widely available on smart network devices and/or personal electronic devices (e.g., cellular phone, iPad, etc.). GATT is built on the notion of multiple characteristics. Each characteristic has a single, fixed-width value with a maximum size of 512 bytes with most implementations using 128 bytes. Generally, characteristics are assigned Universally Unique Identifiers (UUIDs) having a consistent size (e.g., 16-bit, 128-bit). Characteristics are grouped into sets known as GATT services that each has its own UUID…GATT profile 480 defines server and client roles. The client device is the device that is to receive data, and the server device is the device that has the data and is to transmit data…The client device 502 reads data from a server device 504 by issuing a read request 506 to one or more of the server device's characteristics 508. The client can issue a write request 510 to update the one or more characteristics 508…two characteristics…A GATT application profile defines one or more services, their characteristics, and the rules that govern how these characteristics are manipulated and interpreted… hosts the characteristics 508 and provides the GATT client 502 the ability to read, write, and/or subscribe to the characteristics 508…he general service is included in all BLE advertisements, the general service may be used to enable bi-directional communication between the devices in numerous use cases, such as device pairing, alarm hushing, or other uses suitable for communicating over BLE. In some embodiments, the GATT server 504 may implement one or more services 512 each including one or more characteristics 508 for the bi-directional communication between the devices. Furthermore, in some embodiments, each characteristic 508 may have a different type and/or permissions. For example, a first characteristic 508 may provide the client the ability to read and write while another characteristic 514 provides the client the ability only to read or see indications of the values therein….” – therefore the BLE connection between the new device and the confirmation device (e.g., mobile device) may utilize GATT profile service framework which is generally available on all/most implementations of BLE and which involves each message (e.g., each message from the new device, e.g., the meter already taught) being categorized based on a context (e.g., response, write, read, etc., ) in which case there are messages categorized into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic)
Logue suggests it is advantageous to wherein each respective meter message of the meter messages is categorized based on a context of the meter message into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic (e.g., as part of BLE communication between the device being installed with a smart phone in the home), because Bluetooth low energy connections are simple pairings that devices can perform with minimal human effort, and because once paired, the smart phone (or other device with which the device being installed has paired with) can transmit network configuration information (e.g., password, SSID, etc.) to the device being installed to enable the new device to connect to a private local area wireless network (e.g., private WiFi network) and because GATT is the standard protocol for BLE data exchange after a connection is established and comprises wherein each respective meter message of the meter messages is categorized based on a context of the meter message into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic ([0114]-[0150]).
Therefore, although not disclosed by Wu (which discloses BLE communication between the device being installed with a smart phone in the home), the GATT is the standard protocol for BLE data exchange and comprises wherein each respective meter message of the meter messages is categorized based on a context of the meter message into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic (as disclosed by Logue) and therefore the combination of McMillan in view of Wu would/could comprise use of GATT protocol as is the standard protocol for BLE data exchange and comprises wherein each respective meter message of the meter messages is categorized based on a context of the meter message into either a command response message transmitted via a first characteristic or an event message transmitted via a second characteristic.
With respect to claims 2, 9, and 16, McMillan, Wu, and Logue teach the meter of claim 1, the method of claim 8, and the medium of claim 15. As discussed above, McMillan is silent with respect to the installation of the meter device. McMillan does not appear to disclose,
wherein advertising the presence of the audience measurement meter comprises advertising a connection to the audience measurement meter using the advertisement data structure
However, Wu discloses a method and system for connecting a new device to a local private area wireless network within a home (e.g., local private WiFi) for connection to the internet and other devices in the home. Wu discloses
wherein advertising the presence of the audience measurement meter comprises advertising a connection to the audience measurement meter using the advertisement data structure ([0052]-[0054] and Fig 5A tag R5 and Fig 6 tag S611 – a user in a home can use a first connection terminal CP1 (e.g., smart phone or a “configuration device”) to help set up a new smart device in their home network (e.g., the audience measurement meter in the panelist household already taught by McMillan) via combination of Bluetooth low energy (BLE) connections and sharing of SSID and WiFi configuration data – Wu also discloses wherein initializing the BLE connection comprises the new device constructing an advertisement data structure and advertising its presence in the household using the BLE protocol (see Fig 6 tag 602 where the communication device transmits a BLE service advertisement and [0054] “Here, the advertising signal is used for informing the surrounding…mobiles (i.e., the first communication terminal CP1) that the communication device with the wireless system package 100 is available and is currently active. The above acknowledge pre-linked process may be repeated in routine until the connection link is established”) – further, although a PHOSITA would understand this advertising signal/package would typically include a device name of the communication device advertising its presence Wu also discloses that this is true “[0056] “identifying the…communication device” & [0074] “ the communication device…can readout an identity information such as device serial number or the unique Bluetooth MAC address of the communication device…”, see also [0005]-[0009] & [0056]-[0073] which describe this process in context).
Wu suggests it is advantageous to include wherein advertising the presence of the audience measurement meter comprises advertising a connection to the audience measurement meter using the advertisement data structure (e.g., either as part of the initial Bluetooth pairing between the device being installed with a smart phone in the home, or as part of the second transmission of the device name after initial pairing), because Bluetooth connections are simple pairings that devices can perform with minimal human effort, and because once paired, the smart phone (or other device with which the device being installed has paired with) can transmit network configuration information (e.g., password, SSID, etc.) to the device being installed to enable the new device to connect to a private local area wireless network (e.g., private WiFi network - see [0005]-[0009] & [0052]-[0054] & [0056]-[0073]).which can enable a user to install a new device on a high-bandwidth and more secure private local area wireless network with minimum human effort or technical knowledge ([0005]-[0009] & [0052]-[0054] & [0056]-[0073]).
One of ordinary skill in the art would have recognized that applying the known installation and network-connection technique of Wu to McMillan would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Wu to the system/meter of McMillan would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such installation components and procedures (e.g., which includes using BLE connection on a device being installed in a home network to connect with a nearby device (wherein advertising the presence of the audience measurement meter comprises advertising a connection to the audience measurement meter using the advertisement data structure) in order to ultimately provide network configuration information to the new device within minimal human effort or technical skill). Further, applying this installation technique to the meter of McMillan, would have been recognized by one of ordinary skill in the art as resulting in an improved system that would allow a user to install the meter in a high-bandwidth and secure private local area wireless network with minimum human effort or technical knowledge.
Furthermore, since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of the installation and network connection procedure of Wu (including using a BLE connection on the device being installed in a home network to connect with a nearby device (involving advertising a connection to the audience measurement meter using the advertisement data structure) for the unspecified installation and network connection procedure of McMillan. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
With respect to claims 3, 10, and 17, McMillan teaches the meter of claim 1, the method of claim 8, and the medium of claim 15;
wherein the set of acts further comprises: obtaining people monitoring data indicative of an audience exposed to media presented in the panelist household; and ([0019] “The meter 102 of the illustrated example collects audience measurement data based on exposure of an audience (e.g., the user 108) to media presented on the media presentation device 110 and/or one or more of the media devices 118-120. The audience measurement data includes, for example, media identification data, audience identification data, activity data, channel tuning data, etc.”, [0024]-[0025] “user identifications…demographic information”, [0033] “count/identify audience members…allows persons to select buttons to identify themselves as presently in the audience.”)
causing transmission of the people monitoring data to a server via a wireless network (Fig 1 tag 104 and [0025]-[0026] “The meter 102 of the illustrated example transfers collected audience measurement data and/or association data to an example remotely located central data facility processing described above performed by the meter 102 (e.g., to create association data) is performed at the central facility 122. The central facility 122 of the illustrated example collects and/or stores, for example, audience measurement data, association data, demographic information, etc. collected by multiple media monitoring devices, such as the meter 102, associated with different monitored sites. The central facility 122 of the illustrated example includes an example server 126 and an example database 128 that may be implemented using any suitable processor, memory and/or data storage apparatus…The network 124 of the illustrated example is used to communicate information and/or data between the example meter 102 and the central facility 122. The network 124 may be implemented using any type(s) of public and/or private network, or combination thereof, such as, but not limited to, the Internet, a telephone network, a local area network ("LAN"), a cable network, and/or a wireless network. To enable communication via the network 124, the meter 102 of the illustrated example includes one or more communication interfaces that enable connection to an Ethernet, a digital subscriber line ("DSL"), a telephone line, a coaxial cable, and/or any wireless connection, etc.” – therefore the meter causes transmission of the people monitoring data to the server via the wireless network, see also [0042])
With respect to claims 4, 11, and 18, McMillan, Wu, and Logue teach the meter of claim 3, the method of claim 10, and the medium of claim 17. Although McMillan teaches wherein the wireless network may be any private local area wireless network, McMillan does not appear to specifically disclose,
wherein the wireless network is a WiFi network
However, Wu discloses
wherein the wireless network is a WiFi network,([0005]-[0007] “Wi-Fi configuration…password”, see also [0013])
Wu suggests it is advantageous to include wherein the wireless network is a WiFi network, because this type of network can be more secure and can enable high bandwidth connection with the internet and with other devices in a local area network - see [0005]-[0010] ).
Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of use of a WiFi network of Wu for the unspecified private local area wireless network of McMillan. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the wireless network is a WiFi network, as taught by Wu, in the meter, method, and medium of McMillan, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have recognized that doing so would provide a secure and high bandwidth connection between the meter and the internet and with the other devices in a local area network.
With respect to claims 5, 12, and 19, McMillan teaches the meter of claim 4, the method of claim 11, and the medium of claim 18;
wherein the set of acts further comprises obtaining media identifying information for the media ([0020]-[0021] “To collect such audience measurement data, the meter 102 of the illustrated example captures and/or analyzes signals ( e.g., free field audio signals within the monitored site 106) via the microphone 104. The meter 102 of the illustrated example processes audio signals to extract codes and/or metadata, and/or to generate signatures for use in identifying media and/or media sources…Signatures are a representation of some characteristic of the media signal (e.g., a characteristic of the frequency spectrum of the signal). Signatures can be thought of as fingerprints. Signatures are typically not dependent upon insertion of media identification codes in the media, but instead reflect an inherent characteristic of the media and/or the media signal. Systems to utilize codes and/or signatures for audience measurement are long known. See, for example, Thomas, U.S. Pat. No. 5,481,294, which is hereby incorporated by reference in its entirety” – therefore the meter obtains the media identifying information by generating an audio fingerprint, [0030] “The signature generator 204 of the illustrated example is used to generate signatures from data and/or free audio signals received by the microphone 104. As described above, signatures are a representation of at least one characteristic of a media signal (e.g., a characteristic of the frequency spectrum of the signal). The signature generator 204 of the illustrated example analyzes the audio signals to generate signatures thereof. Any method(s) of signature generation may be used by the signature generator 204 to generate signatures.”)
With respect to claims 6, 13, and 20, McMillan, Wu, and Logue teach the meter of claim 4, the method of claim 11, and the medium of claim 18. Although McMillan discloses wherein the meter may be connected to mobile devices within the panelist household, McMillan does not appear to disclose,
wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the internet
However, Wu discloses
wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the internet ([0052]-[0054] and Fig 5A tag R5 and Fig 6 tag S611 – a user in a home can use a first connection terminal CP1 (e.g., smart phone) to help set up a new device in their home network (e.g., via combination of Bluetooth low energy connections, sharing of SSID and WiFi configuration data, etc.) and the network connection status (e.g., status of WiFi connection and indication if IP address, which is an indication of connection status to the internet) can be transmitted from the newly connected device and displayed to the user via the smart phone)
Wu suggests it is advantageous to include wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the internet, because doing so can help the user to understand whether or not the new device (e.g., the meter in McMillan) is connected to the wireless network which can facilitate troubleshooting and/or user convenience.
Therefore, 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 meter, method, and medium of McMillan to include wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the internet, as taught by Wu, because doing so can help the user to understand whether or not the meter is connected to the internet which can facilitate troubleshooting and/or user convenience.
2Applicant: Jeffrey L. NanusApplication No.: 141593,177 Docket No.: 1377-9Preliminary Amendment
With respect to claims 7 and 14, McMillan, Wu, and Logue teach the meter of claim 4 and the method of claim 11. Although McMillan discloses wherein the meter may be connected to mobile devices within the panelist household, McMillan does not appear to disclose,
wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the wireless network
However, Wu discloses
wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the wireless network ([0052]-[0054] and Fig 5A tag R5 and Fig 6 tag S611 – a user in a home can use a first connection terminal CP1 (e.g., smart phone) to help set up a new device in their home network (e.g., via combination of Bluetooth low energy connections, sharing of SSID and WiFi configuration data, etc.) and the network connection status (e.g., status of WiFi connection and indication if IP address, which is an indication of connection status to the internet) can be transmitted from the newly connected device and displayed to the user via the smart phone)
Wu suggests it is advantageous to include wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the wireless network, because doing so can help the user to understand whether or not the new device (e.g., the meter of McMillan) is connected to the wireless network which can facilitate troubleshooting and/or user convenience.
Therefore, 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 meter, method, and medium of McMillan to include wherein the set of acts further comprises causing transmission of a communication to the configuration device, the communication to confirm that the audience measurement meter has connected to the wireless network, as taught by Wu, because doing so can help the user to understand whether or not the meter is connected to the wireless network which can facilitate troubleshooting and/or user convenience.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Ramaswany et al. (U.S. PG Pub No. 2007/0162927, July 12, 2007) teaches a meter used to identify media presented at a panelist household that is connected to a home WiFi network and that communicates this information via the internet to an external server
Liang et al. (U.S. PG Pub No. 2015/005553, February 26, 2015 - hereinafter "Liang”) discloses a method and system for connecting a new device to a local private area wireless network within a home (e.g., local private WiFi) for connection to the internet and other devices in the home, wherein the connection process utilizes a mobile configuration device connecting to the new device using Bluetooth and wherein the connection process involves the new device advertising its name.
Shoemake et al. (U.S. PG Pub No. 2015/0244807 August 27, 2015) teaches a user using a mobile device to connect a new smart home device to WiFi and the internet via a combination of Bluetooth pairing and WiFi network credential sharing ([0020]-[0023] & [0027]-[0028])
Tal et al. (U.S. PG Pub No. 2017/0041304 February 9, 2017) teaches a user using a mobile device to connect a new smart home device to WiFi and the internet via a combination of Bluetooth pairing and WiFi network credential sharing ([0256[-[0265])
Yuen et al. (U.S. PG Pub No. 2014/0257053 September 11, 2014) teaches a user using a mobile device to connect a new smart home device to WiFi and the internet via a combination of Bluetooth pairing and WiFi network credential sharing
Gupta et al. (U.S. PG Pub No. 2016/0295410, October 6, 2016) teaches causing transmission of a communication to a mobile device in the household, the communication to confirm that an IOT device has connected to the wireless network
Shen (U.S. PG Pub No. 2014/0065967 March 6, 2014) teaches BLE communication between a smart/configuration device and a smart device in a household and wherein the BLE connection uses GATT protocol including categorized messages based on context/event.
Conclusion
No claim is allowed
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 extension fee 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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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621