present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 1-7 and 9-21 are presented for examination
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 double patenting rejection is appropriate where the claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of patent number 12081350. The table listed below shows the similarity between the two and highlight the differences.
Instant Application 18819696
Patent 12081350
Claim 1. (Currently Amended): A method, comprising:
determining a priority of a first
determining a priority of a second
determining whether to powered device; and
transmitting a message to one of [[for]] the first
Claim 1. (Currently Amended): A method, comprising:
determining a priority of a first powered device based on traffic communicated by the first powered device, wherein the first powered device is configured to share power from a common power source;
determining a priority of a second powered device based on traffic communicated by the second powered device, wherein the second powered device is configured to share power from the common power source;
determining whether to increase a power allocation of the first powered device based on the priority of the first powered device and the priority of the second powered device; and
transmitting a message to one of the first power device or the second power device based on determining whether to increase the power allocation to the first device.
Claim 2. (Currently Amended): The method of claim 1, wherein determining the priority of the first
Claim 2. (Original): The method of claim 1, wherein determining the priority of the first powered device includes determining the priority of the first powered device based on Quality of Service (QoS) characteristics of the traffic communicated by the first powered device.
Claim 3. (Currently Amended): The method of claim 1, wherein determining the priority of the first comprises determining the priority of the first packets communicated by the first
Claim 3. (Original): The method of claim 1, wherein determining the priority of the first powered device includes determining the priority of the first powered device based on a number of voice over Internet Protocol (VoIP) streams communicated by the first powered device during a predefined elapsed time period.
Claim 4. (Currently Amended): The method of claim 1, wherein determining the priority of the first voice over Internet Protocol (VoIP) or video streams communicated by the first predefined elapsed time period.
Claim 4. (Original): The method of claim 1, wherein determining the priority of the first powered device includes determining the priority of the first powered device based on a number of video streams communicated by the first powered device during a predefined elapsed time period.
Claim 5. (Currently Amended): The method of claim 1, wherein the first are associated with a power group, [[and]]
wherein determining whether to adjust the power allocation of the first powered device or the second device based on the priority of the first device and the priority of the second device [[is]] further comprises determining whether to adjust the power allocation of the first device or the second device based on a power margin available to the power group, and
wherein the power margin is determined based on a power supplied to the power group and a maximum power available to the power group.
Claim 5. (Currently Amended): The method of claim 1, wherein the first powered device and the second powered device comprise a power group, and wherein determining whether to increase [[a]] the power allocation of the first powered device is further based on a maximum power available to the power group.
Claim 6. (Currently Amended): The method of claim [[1]] 5, wherein determining whether to adjust the power allocation of the first device or the second device based on the power margin available to the power group comprises determining [[a]]
wherein transmitting the message to the first device or the second device comprises transmitting, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device, the message indicating a rejection to
Claim 6. (Original): The method of claim 1, wherein the first powered device and the second powered device comprise a power group, the method further comprising:
determining a power margin available to the power group is less than a requested increase in the power allocation of the first powered device; and
rejecting the requested increase in the power allocation of the first powered device.
Claim 7. (Currently Amended): The method of claim [[1]] 5, wherein determining whether to adjust the power allocation of the first device or the second device based on the power margin comprises determining [[a]] whether the power margin available to the power group is less than a requested increase in the power allocation of the first powered device; and
determining the priority of the first powered device is higher than the priority of the second powered device; and
wherein transmitting the message to the first device or the second device comprises transmitting, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device and determining the priority of the first device is higher than the priority of the second device, the message to instruct
Claim 7. (Currently Amended): The method of claim 1, wherein the first powered device and the second powered device comprise a power group, the method further comprising:
determining a power margin available to the power group is less than a requested increase in the power allocation of the first powered device;
determining the priority of the first powered device is higher than the priority of the second powered device; and
instructing the second powered device to decrease [[its]] power consumption by the second powered device.
Claim 9. (Currently Amended): The method of claim [[1]] 5,
wherein determining whether to adjust the power allocation of the first device or the second device based on the power margin comprises determining [[a]] whether the power margin available to the power group is less than a requested increase in the power allocation of the first
wherein transmitting the message to the first device or the second device further comprises:
modifying, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device,
transmitting the message to the first device to instruct the first device to increase power consumption based on the modified amount of power.
Claim 9. (Original): The method of claim 1, wherein the first powered device and the second powered device comprise a power group, the method further comprising:
determining a power margin available to the power group is less than a requested increase in the power allocation of the first powered device; and
modifying the requested increase in the power allocation of the first powered device so as to fit within the available power margin.
Claim 10. (Currently Amended): The method of claim [[1]] 5, wherein is associated with the power group,
wherein determining whether to adjust the power allocation of the first device or the second device based on the power margin comprises determining [[a]] whether the power margin available to the power group is less than a requested increase in the power allocation of the first and
wherein transmitting the message to the first device or the second device further comprises transmitting, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device and determining the priority of the first device is higher than the priority of the second device and a priority of the third device, the message to instruct
wherein the method further comprises transmitting a second message to the third device to instruct
Claim 10. (Currently Amended): The method of claim 1, wherein the first powered device, the second powered device, and a third powered device configured to share power with the common power source comprise a power group, the method further comprising:
determining a power margin available to the power group is less than a requested increase in the power allocation of the first powered device;
determining the priority of the first powered device is higher than the priority of the second powered device and that the priority of the first powered device is higher than a priority of the third powered device;
instructing the second powered device to decrease [[its]] power consumption by the second powered device; and
instructing the third powered device to decrease [[its]] power consumption by the third powered device.
As shown from the table above, claims 1-10 of patent 12081350 teach the same concept of the instant application.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
((a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 11-14, and 20- 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghoshal (US Patent Application 20070041387).
As per claim 1, Ghoshal teaches a method [730, fig. 1], comprising:
determining a priority of a first powered device based on traffic communicated by the first powered device, wherein the first powered device is configured to share power from a common power source [0041-0043, bandwidth of he packet is used to determine of the device, a packet with TOS bits specifying higher priority is allocated bandwidth over a packet with lower priority].
determining a priority of a second powered device based on traffic communicated by the second powered device, wherein the second powered device is configured to share power from the common power source [0041, priority of multiple power devices, transferred between PSE and PD that specifies priority for supplying power among multiple devices].
determining whether to increase a power allocation of the first powered device based on the priority of the first powered device and the priority of the second powered device [0043, packet sent form the PD to determine to increase power of the power devices. For example, packet is decoded and the IP address and port address are placed on the header of the TCP/IP packet which can be sent from a PD to a PSE to request the PSE to increase power or reduce power].
transmitting a message to one of the first power device or the second power device based on determining whether to increase the power allocation to the first device [0064-0065, 0082, as pointed out a message can send to one of the power devices to enforce power allocation. For example, for example in one priority scheme, the PSE is may manage 48 volts and all PDs send a request to increase power. With the Ethernet protocol an acknowledge (ACK) signal may be sent that indicates an inability to immediately increase power due to the current priority of allocation and traffic can be maximized since if packets are dropped in a communication between PSE and PD, supply of power to the PD is likely superfluous].
As per claim 2, Ghoshal teaches wherein determining the priority of the first powered device includes determining the priority of the first powered device based on Quality of Service (QoS) characteristics of the traffic communicated by the first powered device [0063, 0073, 0082, type of service is used to determine the priority traffic of the power device].
As per claim 3, Ghoshal teaches determining the priority of the first powered device includes determining the priority of the first device based on a number of packets communicated by the first device during a time period [0025, 0044-0045, the priority packet is determine based on time as well as policy information such as bandwidth or packets].
As per claim 4, Ghoshal teaches determining the priority of the first device includes determining the priority of the first device based on a number of video streams communicated by the first device during a time period [0042, priority of the device is based on the bandwidth type of services that need higher priority like videos].
As per claim 21, Ghoshal teaches determine whether to adjust the power allocation of the first device or the second device based on the priority of the first device and the priority of the second device [0024, 0026, 0035 power can be provided based on priority as well as traffic of the power device]
the one or more processors are further configured to determine whether to adjust the power allocation of the first device or the second device based on signal strength of one or more signals of the first device and signal strength of one or more signals of the second device [0026, for example high traffic priority].
As per claim 11-14 and 20, they do not teach or further define over the limitations recited in the rejected claims above. Therefore, claim 11-14 and 20 are also anticipated by Ghoshal for the same reasons set forth in the rejected claims above.
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.
Claims 5-7, 9-10, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ghoshal (US Patent Application 20070041387) in the view of Pincu (US Patent Application 20060082222).
As per claim 5, Ghoshal does not teach the first powered device and the second device comprise are associated with a power group,
wherein determining whether to adjust the power allocation of the first device or the second device based on the priority of the first device and the priority of the second device further comprises determining whether to adjust the power allocation of the first device or the second device based on a power margin available to the power group,
wherein the power margin is determined based on a power supplied to the power group and a maximum power available to the power group.
However, Pincu teaches the first powered device and the second device comprise are associated with a power group [0018, 0027, as pointed out the group of made of multiple power devices or computing devices connected].
wherein determining whether to adjust the power allocation of the first device or the second device based on the priority of the first device and the priority of the second device further comprises determining whether to adjust the power allocation of the first device or the second device based on a power margin available to the power group [0026, 0029, where the allocated power budget is based on the total power available for the group and the priority of the poser device module or computing device].
wherein the power margin is determined based on a power supplied to the power group and a maximum power available to the power group [0029, 0100 the allocated power budget is based on the total power available].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ghoshal to include the method of Pincu to form a power group for multiple power devise and make power decision based on the available power budget and priority of the devices.
As per claim 6, Ghoshal does not teach determining whether to adjust the power allocation of the first device or the second device based on the power margin available to the power group comprises determining the power margin available to the power group is less than a requested increase in the power allocation of the first device;
wherein transmitting the message to the first device or the second device comprises transmitting, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device, the message indicating a rejection to the requested increase in the power allocation of the first powered device.
However, Pincu teaches determining whether to adjust the power allocation of the first device or the second device based on the power margin available to the power group comprises determining the power margin available to the power group is less than a requested increase in the power allocation of the first device [00067, 0069, as pointed out a decision of allocating power budget is based on the power available of the devices connected].
wherein transmitting the message to the first device or the second device comprises transmitting, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device, the message indicating a rejection to the requested increase in the power allocation of the first powered device [0069, as pointed out the power manger can communicate with the power device to reduce the power allocation as well as to stop supplying power based on power availability or priority].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ghoshal to include the method of Pincu to form a power group for multiple power devise and make power decision based on the available power budget and priority of the devices.
As per claim 7, Ghoshal does not teach wherein determining whether to adjust the power allocation of the first device or the second device based on the power margin comprises determining whether the power margin available to the power group is less than a requested increase in the power allocation of the device [00067, 0069, as pointed out a decision of allocating power budget is based on the power available of the devices connected. In this case, it can be multiple devices drawing power and form a group].
wherein transmitting the message to the first device or the second device comprises transmitting, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device and determining the priority of the first device is higher than the priority of the second device, the message to instruct instructing the second device to decrease power consumption by the second device [0069, as pointed out based on priory, the power manager can communicate to a device to reduce power drawing by the device as well as disable power by not supplying power to the device. The power manager allocated power for the connected devices based on priority].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ghoshal to include the method of Pincu to form a power group for multiple power devise and make power decision based on the available power budget and priority of the devices.
As per claim 9, Ghoshal does teach wherein determining whether to adjust the power allocation of the first device or the second device based on the power margin comprises determining whether the power margin available to the power group is less than a requested increase in the power allocation of the first device [0027, 0067, 0069, as pointed out multiple devices form a group where the power manager can provide or manage power to the group of devices as shown in figures 4-5, where the power drawn is monitored and dramatically adjusted based on the priority].
wherein transmitting the message to the first device or the second device further comprises [0069, communicate with the devices for power adjustment]:
modifying, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device, an amount of power to increase for the first powered device so as to fit within the available power margin [0069, 0111, fig. 5, power is reallocated to specific module based on priority where the power manager communicates with specific modules for power adjustment].
transmitting the message to the first device to instruct the first device to increase power consumption based on the modified amount of power [0069, 0111, power manager communicate with higher priority module to increase power to that module by power reallocation].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ghoshal to include the method of Pincu to form a power group for multiple power devise and make power decision based on the available power budget and priority of the devices.
As per claim 10, Ghoshal teaches, a third device configured to share power from the common power source comprise a is associated with the power group [0027, fig. 3 as pointed out from the listed paragraphs and shown in figure 4A, multiple power devices can form a group of power devices where that group is managed by the power manager 320].
herein determining whether to adjust the power allocation of the first device or the second device based on the power margin comprises determining whether the power margin available to the power group is less than a requested increase in the power allocation of the first device [0069, 0111, fig. 6, power can be reallocated and adjusted based on power availability as well a priority of a device].
transmitting the message to the first device or the second device further comprises transmitting, based on determining the power margin available to the power group is less than the requested increase in the power allocation of the first device and determining the priority of the first device is higher than the priority of the second device and a priority of the third device, the message to instruct instructing the second powered device to decrease power consumption by the second device [0069, 0111, as pointed out power manager can communicate with the connected device to make power adjustment like reduce or increase or stop supplying and as well make determination based on priority of the device].
wherein the method further comprises transmitting a second message to the third device to instruct instructing the third powered device to decrease power consumption by the third powered device [0069, 0111, as pointed out power manager can communicate with the connected device to make power adjustment like reduce or increase or stop supplying and as well make determination based on priority of the device].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ghoshal to include the method of Pincu to form a power group for multiple power devise and make power decision based on the available power budget and priority of the devices.
As per claims 15-19, they do not teach or further define over the limitations recited in the rejected claims above. Therefore, claims 15-19 are also rejected as being unpatentable over Ghoshal in view of Pincu for the same reasons set forth in the rejected claims above.
Conclusion
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/VOLVICK DEROSE/
Primary Examiner, Art Unit 2176