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. 18/827,048 filed on 6 September 2024. This application claims CON to 17/686,848 filed on 4 March 2022, claims DIV to 16/889,098 filed on 1 June 2020, and claims CON to 14/668,051 filed on 25 March 2015. The preliminary amendments filed 6 September 2024 cancels claims 21-24. The preliminary amendments filed 14 July 2025 cancels claims 1-24, adds claims 25-45, and requests entry of the foregoing amendments to the claims. Claims 25-45 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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 25-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12,113,868 B2 in view of US PGPUB 2013/0080898 A1 to Lavian et al.
Regarding Claim 25, Patent discloses a system (Claim 11, apparatus) comprising: interface circuitry; machine-readable instructions; and at least one processor circuit to be programmed by the machine-readable instructions to: identify connected Internet of Things (IoT) devices (Claim 11 provides for identify accessible Internet of Things (IOT) devices); identify properties of the IoT devices (Claim 11 provides for identify operations of respective ones of the IoT devices); and cause presentation of graphical control elements corresponding to ones of the IoT devices (Claim 11 provides for generate a notification including a list of graphical control elements corresponding to respective ones of the operations). Lavian, in a similar field of endeavor, discloses based on a first user input, cause removal of at least one of the graphical control elements (FIG. 19, 0167, and 0251 provides for the user makes changes like deletion in the cockpit); based on a second user input, cause adjustment of a font size corresponding to another one of the graphical control elements (FIG. 19 and 0227 provides for based on first user access, configure preferences for font size corresponding to icons); and based on a third user input, initiate an action corresponding to one or more of the IoT devices (FIG. 19 and 0218 provides for based on user selection, initiate enhanced visual access menu for controlling remote devices through controlling services). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the icon modification of Lavian, when implemented with the Patent, will allow one of ordinary skill in the art to manage icon changes at a menu, in order to personalize access of devices throughout the network.
Claims 26-45 are disclosed by the Patent/Lavian system.
Claims 25-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,272,016 B2 in view of US PGPUB 2013/0080898 A1 to Lavian et al.
Regarding Claims 25, Patent discloses a system (Claim 1, mobile device) comprising: interface circuitry; machine-readable instructions; and at least one processor circuit to be programmed by the machine-readable instructions to: identify connected Internet of Things (IoT) devices (Claim 1 provides for determine a set of Internet of Things (IoT) services available to the mobile device); identify properties of the IoT devices (Claim 1 provides for the obtained markup language documents include one or more IoT service data elements that indicate an IoT service type and an IoT service description for each IoT service provided by the respective IoT devices); and cause presentation of graphical control elements corresponding to ones of the IoT devices (Claim 1 provides for generate a notification indicating the set of IoT services available to the mobile device). Lavian, in a similar field of endeavor, discloses based on a first user input, cause removal of at least one of the graphical control elements (FIG. 19, 0167, and 0251 provides for the user makes changes like deletion in the cockpit); based on a second user input, cause adjustment of a font size corresponding to another one of the graphical control elements (FIG. 19 and 0227 provides for based on first user access, configure preferences for font size corresponding to icons); and based on a third user input, initiate an action corresponding to one or more of the IoT devices (FIG. 19 and 0218 provides for based on user selection, initiate enhanced visual access menu for controlling remote devices through controlling services). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the icon modification of Lavian, when implemented with the Patent, will allow one of ordinary skill in the art to manage icon changes at a menu, in order to personalize access of devices throughout the network.
Claims 26-45 are disclosed by the Patent/Lavian system.
Claims 25-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 10,673,959 B2 in view of US PGPUB 2013/0080898 A1 to Lavian et al.
Regarding Claim 25, Patent discloses a system (Claim 1, mobile device) comprising: interface circuitry; machine-readable instructions; and at least one processor circuit to be programmed by the machine-readable instructions to: identify connected Internet of Things (IoT) devices (Claim 1 provides for detect a plurality of Internet of Things (IoT) devices based on one or more received signals that were broadcast by the plurality of IoT devices); identify properties of the IoT devices (Claim 1 provides for obtain an indicator); and cause presentation of graphical control elements corresponding to ones of the IoT devices (Claim 1 provides for generate a notification to be rendered by the mobile device, wherein the notification comprises a list of graphical control elements). Lavian, in a similar field of endeavor, discloses based on a first user input, cause removal of at least one of the graphical control elements (FIG. 19, 0167, and 0251 provides for the user makes changes like deletion in the cockpit); based on a second user input, cause adjustment of a font size corresponding to another one of the graphical control elements (FIG. 19 and 0227 provides for based on first user access, configure preferences for font size corresponding to icons); and based on a third user input, initiate an action corresponding to one or more of the IoT devices (FIG. 19 and 0218 provides for based on user selection, initiate enhanced visual access menu for controlling remote devices through controlling services). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the icon modification of Lavian, when implemented with the Patent, will allow one of ordinary skill in the art to manage icon changes at a menu, in order to personalize access of devices throughout the network.
Claims 26-45 are disclosed by the Patent/Lavian system.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 25-45 are rejected under 35 U.S.C. 103 as being unpatentable over US PGPUB 2015/0347114 A1 to Yoon and in view of US PGPUB 2013/0080898 A1 to Lavian et al.
Regarding Claim 25, Yoon discloses a system comprising: interface circuitry; machine-readable instructions; and at least one processor circuit to be programmed by the machine-readable instructions (0262 provides for mobile device) to: identify connected Internet of Things (IoT) devices (FIG. 16B and 0263 provides for identify IoT devices controllable by the mobile device); identify properties of the IoT devices (FIG. 16B and 0263 provides for presenting the names “Lights” of the group of IoT devices); cause presentation of graphical control elements corresponding to ones of the IoT devices (FIG. 16B and 0263 provides for cause presentation of icon corresponding to the list of IoT devices); and based on a third user input, initiate an action corresponding to one or more of the IoT devices (0267 provides for based on user selection, execute an application program for the selected IoT device). Yoon doesn’t explicitly disclose based on a first user input, cause removal of at least one of the graphical control elements; and based on a second user input, cause adjustment of a font size corresponding to another one of the graphical control elements. Lavian, in a similar field of endeavor, discloses based on a first user input, cause removal of at least one of the graphical control elements (FIG. 19, 0167, and 0251 provides for the user makes changes like deletion in the cockpit); and based on a second user input, cause adjustment of a font size corresponding to another one of the graphical control elements (FIG. 19 and 0227 provides for based on first user access, configure preferences for font size corresponding to icons). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Lavian for adjusting preferences for the visual display of control elements. The display modification of Lavian, when implemented with the IoT icons of the Yoon system, will allow one of ordinary skill in the art to configuring device changes in order to update the application list in real-time. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the display modification of Lavian with the IoT icons of the Yoon system for the desirable purpose of updating the configuration of devices in a system.
Regarding Claim 26, the Yoon/Lavian system discloses the system of claim 25, wherein one or more of the at least one processor circuit is to cause presentation of a name and a description corresponding to the action (Yoon, FIG 16B provides for IoT App comprising Lights and 3 devices).
Regarding Claim 27, the Yoon/Lavian system discloses the system of claim 25, wherein one or more of the at least one processor circuit is to cause presentation of locations of ones of the IoT devices (Yoon, FIG 16B provides for IoT App comprising Lights and 3 devices in locations Room 1, Kitchen, and Front Door).
Regarding Claim 28, the Yoon/Lavian system discloses the system of claim 25, wherein one or more of the at least one processor circuit is to group ones of the IoT devices based on one or more of the properties (Yoon, FIG 16B provides for IoT App comprising Lights and 3 devices).
Regarding Claim 29, the Yoon/Lavian system discloses the system of claim 25, wherein the action includes adjustment of a temperature corresponding to the one or more IoT devices (Yoon, 0305 provides for temperature service adjustment of IoT device).
Regarding Claim 30, the Yoon/Lavian system discloses the system of claim 25, wherein one or more of the at least one processor circuit is to obtain data based on radio-frequency identification (RFID) tags (Yoon, 0234 provides for RFIDs of a smart electric light).
Regarding Claim 31, the Yoon/Lavian system discloses the system of claim 25, wherein the graphical control elements correspond to ones of the properties (Yoon, FIG 16B provides for IoT App comprising Lights and 3 light bulbs).
Regarding Claim 32, similar rejection where the system of claim 25 teaches the non-transitory computer readable medium of claim 32.
Regarding Claim 33, similar rejection where the system of claim 26 teaches the non-transitory computer readable medium of claim 33.
Regarding Claim 34, similar rejection where the system of claim 27 teaches the non-transitory computer readable medium of claim 34.
Regarding Claim 35, similar rejection where the system of claim 28 teaches the non-transitory computer readable medium of claim 35.
Regarding Claim 36, similar rejection where the system of claim 29 teaches the non-transitory computer readable medium of claim 36.
Regarding Claim 37, similar rejection where the system of claim 30 teaches the non-transitory computer readable medium of claim 37.
Regarding Claim 38, similar rejection where the system of claim 31 teaches the non-transitory computer readable medium of claim 38.
Regarding Claim 39, similar rejection where the system of claim 25 teaches the method of claim 39.
Regarding Claim 40, similar rejection where the system of claim 26 teaches the method of claim 40.
Regarding Claim 41, similar rejection where the system of claim 27 teaches the method of claim 41.
Regarding Claim 42, similar rejection where the system of claim 28 teaches the method of claim 42.
Regarding Claim 43, similar rejection where the system of claim 29 teaches the method of claim 43.
Regarding Claim 44, similar rejection where the system of claim 30 teaches the method of claim 44.
Regarding Claim 45, similar rejection where the system of claim 31 teaches the method of claim 45.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2016/0150021 A1 to Britt et al discloses IoT clock hub device.
US PGPUB 2015/0143462 A1 to Li discloses IoT capability integration.
US PGPUB 2015/0134761 A1 to Sharma et al discloses IoT server activity detection.
US PGPUB 2014/0108943 A1 to Lee t al discloses browsing Internet of Things for multiple device locations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCHQUITA GOODWIN whose telephone number is (571)272-5477. The examiner can normally be reached M-F 9am - 5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tonia Dollinger can be reached on (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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/SCHQUITA D GOODWIN/Primary Examiner, Art Unit 2459
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