DETAILED ACTION
The instant application having application No 18/799,416 filed on 08/09/2024 is presented for examination by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-2 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 8-26 of Patent Application No. 17649882. Although the conflicting claims are not identical, they are not patentably distinct from each other because both claims are based on the transceiver comprising one or more of a LoRa radio, a cellular radio, a WiFi radio, an Ethernet connection, or a direct IP connection for communicating with the remote server and the second node and vice versa.
For claim 1, Patent Application discloses a network node adapted to communicate with devices that are remote from the network node including receiving content data from the remote devices, the network node defining a first node and comprising a transceiver for communicating with the remote devices, and a processor and associated program instructions that cause the first node to (i) receive and store connection data that facilitates connection of the remote devices to the first node, wherein the presence of connection data corresponding to a particular remote device in the first node is required for the particular remote device to communicate content data to the first node; (ii) maintain a consistent over-the-air profile during communications between the first node and connected remote devices from the perspective of the remote devices; (iii) securely communicate with another node, defining a second node, and with a remote trusted server via a private network; (iv) store the connection data in a remote trusted vault associated with the remote server; (v) retrieve connection data for unconnected remote devices from either the first node, the second node or the trusted vault; (vi) correlate an ID of the first node to the content data, defining entity data, indicative of an entity associated with the content data, and use the correlation for storage of data indicative of the content data on the first node and/or trusted vault without storing any of the actual content data therein; and,(vii) transmit the connection data and entity data to the remote server via the private network; the transceiver comprising one or more of a LoRa radio, a cellular radio, a WiFi radio, an Ethernet connection, or a direct IP connection (each a "communication channel") for communicating with the remote server and the second node, and wherein the program instructions further cause the first node to determine which of the communication channels is present in the first node and to determine which one or more of the communication channels to employ in communications with the remote server, the first node, and the second node(see claim 8).
For claim 2, Patent Application discloses the program instructions cause
the first node to retrieve connection data for an unconnected remote device from either a library in the first node or the second node or from the trusted vault and connect the unconnected remote device to the first node without employing a manual connection technique (see claim 12).
For claim 3, Patent Application discloses the program instructions cause
the first node, upon detecting the presence of an unconnected remote device, to communicate with the second node to attempt to obtain the connection data for the unconnected remote device or to communicate with the remote server to obtain the connection data for the unconnected remote device from the trusted vault (see claim 13).
For claim 4, Patent Application discloses the connection data stored in the
trusted vault defines long term pairing keys (see claim 15).
For claim 5, Patent Application discloses, with respect to content data
received by the first node gateway from the remote devices, the program instructions cause non- essential data to be removed such that only essential content data is transmitted to the remote server (see claim 16).
For claim 6, Patent Application discloses the program instructions cause
the first node to form a mesh network with the second node (see claim 17).
For claim 7, Patent Application discloses a network node adapted to communicate with devices that are remote from the network node, including receiving content data from the remote devices, the network node defining a first node and comprising a transceiver for communicating with the remote devices and a processor and associated program instructions, the transceiver comprising one or more of a LoRa radio, a cellular radio, a WiFi radio, an Ethernet connection, or a direct IP connection (each a "communication channel") for communicating with a remote trusted server via a private network and another network node, the program instructions causing the first node to (i) receive and store connection data that facilitates connection of the remote devices to the first node, the presence of connection data corresponding to a particular remote device in the first node being required for the particular remote device to communicate content date to the first node; (ii) maintain a consistent over-the-air profile during communications between the first node and connected remote devices from the perspective of the connected remote devices; (iii) receive content data from the connected remote devices; (iv) cause the first node to determine which of the communication channels is present in the first node and to determine which one or more of the communication channels to employ in communications with the remote server and the other network node; (v) securely communicate with the other network node or the remote server; (vi) store the connection data in a trusted vault associated with the remote server; (vii)
retrieve connection data for unconnected remote devices from either a library in
the first node, a library in the other network node, or the trusted vault; (viii)
pair the unconnected remote devices to the first node without manual interaction; (ix)
correlate an ID of the first node to the content data, defining entity data,
indicative of an entity associated with the content data, and use the entity data for storage of data indicative of the content data on the first node, the remote server and/or the trusted vault without storing any actual content data on either the first node, the remote server or the trusted vault; and, (x) transmit the connection data and the entity to the remote server via the private network (see claim 18).
For claim 8, Patent Application discloses the remote devices and the first
node are compliant with a standard that automatically pairs the remote devices to the first node (see claim 19).
For claim 9, Patent Application discloses the program instructions cause the first node to retrieve connection data for an unconnected remote device from either a library in the first node or from a library in the trusted vault and employ the connection data to connect the unconnected remote device to the first node without employing a manual connection technique (see claim 12).
For claim 10, Patent Application discloses the program instructions cause
the first node, upon detecting the presence of an unconnected remote device, to communicate with the other network node to attempt to obtain the communicate data for the unconnected remote devices and if the other network node does not have the connection data for the unconnected device stored therein, to communicate with the remote server to obtain the connection data for the unconnected device (see claim 21).
For claim 11, Patent Application discloses with respect to content data
received by the first node from the remote devices, the program instructions cause non-essential content data to be removed such that only essential content is transmitted to the remote server (see claim 24).
For claim 12, Patent Application discloses the program instructions cause
the network node to form a mesh network with the other network node (see claim 25).
Examiner Notice
Claim 1 would be allowable if (i) resolve double patenting rejection.
Claim 7 would be allowable if (i) resolve double patenting rejection.
The claims 1 and 18 have the limitation “and/or trusted vault without storing”, please clarify the language features from the limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
Divoux et al. (US 20190245848, Aug. 8, 2019) teaches Fast Smart Card Login.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NGO RICKY can be reached on 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IQBAL ZAIDI/
Primary Examiner, Art Unit 2464
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