Prosecution Insights
Last updated: October 21, 2026
Application No. 18/838,838

VARIABLE DATA MARKING UNIT WITH MULTIPLE CONNECTIVITY MODES

Non-Final OA §103
Filed
Aug 15, 2024
Priority
Feb 16, 2022 — provisional 63/310,820 +1 more
Examiner
WAHID, MUSADDIQUE
Art Unit
2192
Tech Center
2100 — Computer Architecture & Software
Assignee
Videojet Technologies Inc.
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
1 granted / 1 resolved
+45.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 5m
Avg Prosecution
8 currently pending
Career history
12
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
64.7%
+24.7% vs TC avg
§102
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1 resolved cases

Office Action

§103
DETAILED ACTION 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 . Claims 1, 3, 5-8, 14-15, 22-24, 26-27, 29, 33-40 are pending for examination in the instant application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/28/2026 and 08/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims 1,3, 5-8 and 36-40 in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claims 1,3, 5-8 and 36-40 limitations “mark module configured to” in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “mark module configured to” in claims 1,3, 5-8 and 36-40 . Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. 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 1, 3, 5-8, 14-15, 22-24, 26-27 and 36-40 is/are rejected under 35 U.S.C. 103as being unpatentable over Weaver al. (Pub. No.: US 20160098234 A1), hereinafter “Wea” in view of Wood et al. (Pub.No.: US 20090168789 A1), hereinafter “Woo” in further view of Harper et al. (Pub.No.: US 20210153295 A1), hereinafter “Har”. As to claim 1, We discloses a marking unit configured for marking variable data content on a product or product packaging, the marking unit comprising: a marker module configured to mark the product or product packaging in accordance with the variable data content (Wea, [0001], Industrial printers, such as continuous inkjet printers, are used in production line printing to mark products or product packaging with information related to the product.).; at least one computer processor connected to at least one computer memory and the marker module, the computer memory comprising machine-readable instructions for causing the marker module to mark the variable data content on the product or product packaging (Wea, [0037], Upon sealing, industrial printer directs an ink jet 118 onto the package which exits the production line as a stack or palette or other collection of dynamically labeled sealed packages 198. [0038], Some printers, such as continuous ink printer model 1510 from Videojet Technologies Inc. of Wood Dale, Ill., includes one or more processors, configured to perform one or more software or firmware-controlled processes.).; one or more sensors, connected to the computer processor and/or the computer memory, each sensor configured to generate monitoring data relating to at least one operational variable of marker module (Wea, [0040], Each component 160 has associated zero or more sensors (collectively referenced hereinafter as sensors 170), each configured to measure a physical phenomenon associated with the component. [0041], there may be various sensors for various components in the printhead, ink system, consumables, and electronics. These sensors provide information on parameters related to the corresponding component. [0044], Data is transferred from the sensors 170 to a control process 180, such as a control software program running on a processor of the industrial printer 110, as indicated by dotted lines. [0045], Based on the sensor data or the printer operations selected by the user, or the user settings 184, or some combination, the control process 180 is configured to issue a fault (e.g., that a component is not working, or is not working properly), if appropriate; or, issue a warning (e.g., that a sensor indicates a measured value is approaching a value outside the normal range for the corresponding component), if appropriate.). wherein the machine-readable instructions including instructions for causing the at least one computer processor to generate telemetric data corresponding at least in part to the monitoring data (Wea, [Claim 1, 006], obtaining, on one or more processors, sensor data that indicates multiple values output by corresponding sensors configured to measure physical phenomena related to multiple components of an industrial printer.).; a plurality of interface modules comprising: a wired Ethernet connection module configured to connect via a wire to an external router (Wea, [Fig 1C, 8, 10], [0052], According to some embodiments, the printer 110 includes the printer service client process 120, such as a control software program running on a processor of the industrial printer 110. [0054], A remote servicing system for an industrial printer includes at least one industrial printer 110 with a printer service client process 120 and a printer service server process on a separate host in communication with the client 120, e.g. through a local or wide area network, or some combination. [0152], As another example, communications interface 1070 may be a local area network (LAN) card to provide a data communication connection to a compatible LAN, such as Ethernet.).; sending the telemetric data to a telemetric data collection / remote support node (Wea, [0054], A remote servicing system for an industrial printer includes at least one industrial printer 110 with a printer service client process 120 and a printer service server process on a separate host in communication with the client 120.).; receiving updates to the machine-readable instructions (Weaver, [Figure 3A (315)] [0067], In step 211, it is determined whether there are any software updates, e.g., by receiving an update from the server. [0068], If not, then control passes to step 221. If so, then in step 217 the current settings, or at least the changes to the current settings, and current values of the environmental variables, or at least the changes to those, such as the updated software version, are reported to the printer servicing server along with the identifier for the printer, such as the serial number. Control passes then to step 221. [0081], In step 313, it is determined whether there are any software updates since the version being used by the printer servicing client 120, e.g., based on the original message or a subsequent exchange of messages with the printer servicing client 120. If not, then control passes to step 321. If so, then in step 315 the software update is sent to the client for installation. In some embodiments, the data set includes an automatic install process, as is well known in the art.); Wea however is silent to discloses explicitly and a cellular data module; one or more communication ports connected to the at least one computer processor and at least one of the plurality of interface modules, wherein the machine- readable instructions executable by the at least one computer processor include instructions for: a) sending or receiving communications, including communications defined by a category of communication selected from the group. b) selecting which of the plurality of interface modules to use for sending or receiving each communication based on the category of communication and whether each of the plurality of interface modules is available. Woo discloses the similar concept in same field of endeavor including a wireless WI-FI module configured to connect wirelessly to an external router (Woo, [0015], Wired interface 34 represents generally any interface through which communications can pass between router device 10 and clients 12, 14, and 16 via one or more physical wires. Wired interface 34 may include one or more serial or parallel ports including but not limited to USB and FireWire ports. Wireless interface 36 represents generally any interface through which information can be exchanged between router device 10 and clients 12, 14, and 16 via a wireless protocol such as ultrawideband (UWB), Bluetooth, or 802.11.); and a cellular data module (Woo, [0009], A given data exchanger 20A, 20B may, for example, take the form of a data capable cellular device such as a cell phone or card adapter, a DSL modem, a cable modem, or even a dial-up modem.); one or more communication ports connected to the at least one computer processor and at least one of the plurality of interface modules (Woo, [0014], router device 10 includes client interface 30 and data exchanger interfaces 32.). wherein the machine- readable instructions executable by the at least one computer processor include instructions for: a) sending or receiving communications (Woo, [0018], Router 40 is also responsible for routing inbound network communications received from a wide area network and directed via client interface 30 to a specified client 12, 14, or 16.). including communications defined by a category of communication selected from the group (Woo, [0030], The data priority information identifies a hierarchy among data communication types currently being routed.). b) selecting which of the plurality of interface modules to use for sending or receiving each communication based on the category of communication and whether each of the plurality of interface modules is available (Woo, [0032], it may be most important that an available data path having security settings that allow the transfer of data of a particular type be selected. A fourth level rule may require that the data path providing the greatest transfer rate or bandwidth be allocated to data communications of a high priority communications type or received from a high priority client device.). Therefore, before the effective filing date of the instant application it would have been obvious to one of the ordinary skilled in the art to incorporate the teachings of “Woo” in those of Wea for selecting a data path includes identifying a plurality of available data paths between a router device and a wide area network to provide a backup communication path, preventing the loss-of-communication failure that Weaver itself identifies as ending its remote-servicing process. The combined system of Wea and Woo discloses the invention as applied above. Wea and Woo, however, are silent to discloses explicitly, consisting of ii. receiving remote support communications from the telemetric data collection / remote support node; Har however discloses a similar concept in the same field of endeavor including, consisting of ii. receiving remote support communications from the telemetric data collection / remote support node (Har, [0085], IoT gateway 10 also enables remote support of engine 100 through engine data gateway 130. While the engine data gateway 130 does not have direct access to the Internet, software is included in the control panel 160 and its IoT gateway 10 to pass a message from the engine manufacturer's remote servers to the engine data gateway 130 indicating that a remote service session is being requested.).; receiving the variable data content (Har, [0067], Control panel 160 is operatively adapted to display monitored data in an intuitively diagnostic manner through displays 165 & 166 while also wirelessly transmitting such data to remote back-office services 150 through a IoT gateway 10). Therefore, before the effective filing date of the instant application it would have been obvious to one of the ordinary skilled in the art to incorporate the teachings of “Har” in those of Wea-Woo to use remote communication and update mechanisms to enable efficient transmission of machine data. As to claim 3, Wea-Woo-Har discloses the instructions for selecting which of the plurality of interface modules to use comprises logic configured to cause preferential selection of the cellular data module for sending the telemetric data and for receiving updates to the machine-readable instructions (Har, [0012], The IoT gateway can be arranged to use the plurality of such networks and connections for reliability resulting from communications redundancy. If one of the cellular links fails or is unavailable, the IoT gateway can be configured to switch (in some implementations with provisions to reduce the risk of electromagnetic-radiation-induced explosion) to another cellular link. If all cellular networks fail to connect, the IoT gateway can be configured to attempt to connect via satellite.); one of the interface modules other than the cellular data module for receiving the variable data content (Har, [0091], By default, the first factor is cost, such that the cellular network having the lowest cost at the time of the desired communication is initially determined to be the first priority choice by default. (Woo, [0032], certain available data paths might not be compatible with peer-to-peer file sharing. Thus, such a rule would have first priority. Assuming that the link status information found in path selection data 48 reveals more than one available data path that can be used to transfer the data, a secondary rule may require the selection of an available data path resulting in the lowest cost for transferring the data.) or a combination thereof. As to claim 5, Wea-Woo-Har discloses the marking unit is configured to send and receive communications over two or more of the plurality of interface modules simultaneously (Woo, [0002], A given router may be equipped to simultaneously connect to multiple data exchangers. [0012], device link 28 may incorporate a physical USB cable or radio waves carrying communications of any one of a number of protocols such as Bluetooth.). As to claim 6, Wea-Woo-Har discloses the marking unit includes a housing, and the plurality of interface modules are on-board modules contained within the housing (Har, [0027], The IoT gateway can be rendered with a small volume and package footprint. The IoT gateway can be rendered with a housing that is fully sealed or sealed when mounted. [0045], Such an embodiment 10 can comprise a hard cover 15 which protects the electrical and other internal components.). As to claim 7, Wea-Woo-Har discloses the monitoring data also includes one or more parameter settings corresponding to the marking module (Wea, [0006], obtaining, on the one or more processors, parameter data that indicates multiple values for corresponding parameters that indicate user settings for operation of the industrial printer.). As to claim 8, Wea-Woo-Har discloses the marker module comprises: a laser marking module configured to ablate a surface of the product or product packaging in accordance with the variable data content, or the marker module comprises: a laser marking module configured to ablate a surface of the product or product packaging in accordance with the variable data content, or a printer marking module configured to apply ink to a surface of the product or product packaging in accordance with the variable data content, the printer marking module optionally selected from the group consisting of: an inkjet printer, a continuous inkjet printer, a thermal inkjet printer, and a thermal transfer printer (Wea, [0001], Industrial printers, such as continuous inkjet printers, are used in production line printing to mark products or product packaging with information related to the product. These printers are sophisticated devices with many components. For example, some components charge an ink mixture, and other components apply electric fields in order to control movement of droplets of the makeup fluid to form desired patterns on the product or product packaging.). As to claim 15, Wea-Woo-Har discloses one or more of the plurality of communications interface modules is considered available if it has an active connection to a message destination address connected to a network and the marking unit has permission to use that communications interface module (Woo, [0036], state engine 52 may maintain path selection data 48 so that each entry 56 includes a flag or other indicator reflecting that a given data path is an available or an unavailable data path. Path selector 54 could then parse path selection data 48 to identify the available data paths. [0038], security settings of a selected data path allow the transfer of data of a given type.). As to claim 22, Wea-Woo-Har discloses receiving and processing the telemetric data with a remote processor, identifying a remote support communication for the marking unit based at least in part upon the telemetric data, and sending the remote support communication to the marking unit via the telemetric data collection / remote support node (Wea, [0054], A remote servicing system for an industrial printer includes at least one industrial printer 110 with a printer service client process 120 and a printer service server process on a separate host in communication with the client 120. [0054], The server is configured to use at least the sensor measurements and the user-set parameter values to determine any of at least a set of service-related issues for the printer, and to determine a remedial action for the service issue and initiate the remedial action. (Har, [0085], IoT gateway 10 also enables remote support of engine 100 through engine data gateway 130. While the engine data gateway 130 does not have direct access to the Internet, software is included in the control panel 160 and its IoT gateway 10 to pass a message from the engine manufacturer's remote servers to the engine data gateway 130 indicating that a remote service session is being requested.).; As to claim 23, Wea-Woo-Har discloses processing the telemetric data comprises performing predictive analysis, and the remote support communication comprises a service communication based upon the predictive analysis of the telemetric data (Wea, [0008], determining the service issue includes determining the service issues based at least in part on historical data derived from sensor data and parameter data obtained over at least a month of time from a plurality of different industrial printers located at a plurality of different sites separated from the remote site.). As to claim 24, Wea-Woo-Har discloses receiving an update to the machine-readable instructions, storing the machine-readable instructions in a computer memory associated with the processor of the marking unit, and updating the machine-readable instructions at a time when the marking unit is not actively engaged in a marking operation (Wea, [0067], In step 211, it is determined whether there are any software updates, e.g., by receiving an update from the server. If not, then control passes to step 215. If so, then in step 213 the software update is installed, and control passes then to step 215.). As to claim 26, Wea-Woo-Har discloses the processor of the marking unit prompts a user via a user interface associated with the marking unit for authorization and/or a designated date/time to perform the updating of the machine-readable instructions (Wea, [0055], The service provider personnel can connect to and monitor the printer, to assess the issue and either provide corrective action remotely or dispatch an informed service technician with the correct parts to fix it right the first time.). As to claim 27, Wea-Woo-Har discloses receiving an incoming communication and sending an outgoing communication simultaneously over a cellular data module or spooling telemetric data to a computer memory associated with the marking unit while an incoming communication is being received via a cellular data module and then sending the spooled telemetric data after termination of the incoming communication (Woo, [0002], A given router may be equipped to simultaneously connect to multiple data exchangers. Each data exchanger is equipped to establish a data link with one or more service providers over which the router device can route data communications. i.e. message buffer). As to claim 37, Wea-Woo-Har-Wood discloses receive instructions regarding a preferred routing for the variable data content communications; update the machine-readable instructions residing on the content computer memory to include the preferred routing; and communicate the variable data content to the marking unit using the preferred routing (Wood, [0020], Memory 46 represents generally one or more computer readable mediums capable of storing data that is accessible to remote link manager 42. As shown memory 46 includes link characteristics 48 and connection rules 52. [0021], Selection rules 50, discussed in more detail below with respect to FIG. 5, represent generally a collection of data representing rules that when processed with link status information can be used to select a data path. Data communications can then be communicated via a remote link that follows that selected data path.). As to claim 39, Wea-Woo-Har-Wood discloses the variable data content communications sub-system is configured to: receive instructions from the marking unit regarding a preferred routing of which of a plurality of communications interface modules on the marking unit to use for the variable data content communications (Wood, [0032], a plurality of available data paths are identified (step 74). [0033], Link status information is then obtained for each available remote data path (step 76)); update the machine-readable instructions residing on the content computer memory to include the preferred routing (Wood, [0020], Memory 46 represents generally one or more computer readable mediums capable of storing data that is accessible to remote link manager 42. As shown memory 46 includes link characteristics 48 and connection rules 52. [0021], Selection rules 50, discussed in more detail below with respect to FIG. 5, represent generally a collection of data representing rules that when processed with link status information can be used to select a data path. Data communications can then be communicated via a remote link that follows that selected data path.); and communicate the variable data content to the marking unit using the preferred routing [0034], One of the plurality of available data paths is selected according to the processing of the selection rules (step 80). As to claim 40, Wea-Woo-Har-Wood discloses the variable data content communications device includes machine readable media programmed with machine readable instructions for causing the content computer processor to generate variable data content and/or receive user input corresponding at least in part to the variable data content (Woo, [Claim-8], . A computer readable medium having instructions thereon that when executed by a router device cause the router device to implement a method, medium having instructions for identifying a plurality of available data paths between a router device and a wide area network.).; receive instructions from the marking unit regarding a preferred routing of which of a plurality of communications interface modules on the marking unit to use for sending variable data content communications [Claim-8], selecting, for each of a plurality of data communications to be routed, one of the plurality of available data paths according to the processing of the path selection rules.).; update the machine-readable instructions to include the preferred routing [Claim-8], routing each of the plurality of data communications between a local area network and the wide area network via a data exchanger and a remote link that follows the data path selected for that data communication.).; and communicate the variable data content to the marking unit using the preferred routing [Claim-8], routing each of the plurality of data communications between a local area network and the wide area network via a data exchanger and a remote link that follows the data path selected for that data communication.).; As to claim 14, is rejected for same rationale applied to claim 1 above. As to claim 36 (Wo, [0007-0008], variable data content communication sub- system) is rejected for same rationale applied to claim 1 above. As to claim 38, is rejected for same rationale applied to claim 34 and 35 above. Claim(s) 29 and 33-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wea-Woo-Har as applied to claim 1 and 14 above, and further in view of Wood et al. (Pub. No.: US 20090175285 A1), hereinafter “Wood”. As to claim 29, Wea-Woo-Har discloses the step of informing the device comprises rejecting at least one communications sent by the device to each of the plurality of communications interface modules that are not in the preferred routing (Har, [0012], the IoT gateway can be configured to switch (in some implementations with provisions to reduce the risk of electromagnetic-radiation-induced explosion) to another cellular link. If all cellular networks fail to connect, the IoT gateway can be configured to attempt to connect via satellite.); Wea-Woo-Har however are silent to discloses explicitly, the marking unit informing a sender configured to send communications to the marking unit as to a preferred routing of the plurality of communications interface modules to send the communications, wherein at least one of: (a) the preferred routing includes identifying at least a first one of the plurality of communications interface modules as a primary route and identifying at least a second one of the plurality of communications interface modules as a secondary route for use when the primary route is unavailable; and (c) the step of informing the device comprises sending at least one communication to the device via the preferred routing. Wood however discloses a similar concept in the same field of endeavor including, the marking unit informing a sender configured to send communications to the marking unit as to a preferred routing of the plurality of communications interface modules to send the communications (Wood, [Claim.1], routing data communications between a local area network and the wide area network via a data exchanger and a remote link that follows the selected data path.)., wherein at least one of: (a) the preferred routing includes identifying at least a first one of the plurality of communications interface modules as a primary route and identifying at least a second one of the plurality of communications interface modules as a secondary route for use when the primary route is unavailable (Wood, [Claims 5-6], the selected one of the plurality of available data paths is a first one of the plurality of available data paths, the method further comprising: obtaining updated link status information for the available data paths. the second one of the plurality of available data paths is different than the first one of the plurality of available data paths.). and (c) the step of informing the device comprises sending at least one communication to the device via the preferred routing (Wood, [0034], One or more selection rules are then processed with the obtained link status information (step 78). One of the plurality of available data paths is selected according to the processing of the selection rules (step 80). [0035], . Data communications are then routed between a local area network and a wide area network via the remote link that follows the selected data path (step 84).). Therefore, before the effective filing date of the instant application it would have been obvious to one of the ordinary skilled in the art to incorporate the teachings of “Wood” in those of Wea-Woo-Har for selecting a preferred routing path based on defined rules, because simply having multiple available paths does not ensure data is routed over the most suitable one applying selection criteria predictably yields consistent routing over the most efficient, reliable path. As to claim 33, Wea-Woo-Har-Wood discloses storing instructions corresponding to the preferred routing in computer memory connected to a device associated with the sender (Wood, [0020], Memory 46 represents generally one or more computer readable mediums capable of storing data that is accessible to remote link manager 42. As shown memory 46 includes link characteristics 48 and connection rules 52.). As to claim 34, Wea-Woo-Har-Wood discloses the marking unit, the initializing comprising: automatically determining which of the plurality of communications interface modules is available, including attempting to automatically establish a connection to the telemetric data collection / remote support node via the cellular data module (Har, [0092], The wide area network determination process of FIG. 4 starts at Step 400, when an operating session of IoT gateway 10 is activated. At Step 410, the main processor 28 of the IoT gateway 10 determines which communication network options are enabled (the “Enabled Network Options”) and what is their Order of Priority for use by IoT gateway 10. [0093], by default, the Order of Priority for those three options is as follows: Network(1) as the cellular network for the carrier with the lowest rate for the times and the location of skid 99; Network(2) as the other cellular carrier's network; and Network(3) as the satellite network. Rather than being limited to the preferred embodiments.); automatically receiving any available updates to the machine-readable instructions (Wea, [0067], determined whether there are any software updates, e.g., by receiving an update from the server. If not, then control passes to step 215. If so, then in step 213 the software update is installed, and control passes then to step 215.); automatically selecting which of a plurality of communications interface modules to use for sending or receiving each communication (Har, [0097], After selection of a communication network based on the two criteria already mentioned (Order of Priority and, effectively, signal strength), at Step 460, IoT gateway 10 will then use that Network for another Pre-Set Duration of time (t2); and automatically informing the sender configured to send communications to the marking unit as to the preferred routing of the plurality of communications (Wood, [Claim 1], routing data communications between a local area network and the wide area network via a data exchanger and a remote link that follows the selected data path.). As to claim 35, Wea-Woo-Har-Wood discloses the marking unit is performed without human interaction subsequent to the marking unit being connected to a power source (Har, [0092], The wide area network determination process of FIG. 4 starts at Step 400, when an operating session of IoT gateway 10 is activated. [0165], Should power to IoT gateway 10 fail, IoT gateway 10 can be configured to shut down until power is restored, after which it will attempt to start normal operation.). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Verma et. al. (US 20200287939 A1) is one of the pertinent art discloses techniques for mobile equipment identity and/or IoT equipment identity and application identity-based security enforcement in service provider networks (e.g., service provider networks for mobile subscribers) are disclosed. In some embodiments, a system/process/computer program product for mobile equipment identity and/or IoT equipment identity and application identity based security enforcement in service provider networks includes monitoring network traffic on a service provider network at a security platform to identify a device identifier for a new session; determining an application identifier for user traffic associated with the new session at the security platform; and determining a security policy to apply at the security platform to the new session based on the device identifier and the application identifier. Orfanos et. al. (US 20250224949 A1) is one of the pertinent art discloses a marking unit configured for marking variable data content on a product or product packaging, the marking unit including a plurality of interface modules configured to be connected to a global computer network. The plurality of interface modules includes a wired Ethernet connection module, a wireless WI-FI module, and a cellular data module. The marking unit includes instructions for sending or receiving communications, each communication defined by a category selected from the group consisting of sending telemetric data over a global computer network to a telemetric data collection/remote support node, receiving updates the machine-readable instructions, and receiving variable data content. The included instructions are also for selecting which of the plurality of interface modules to use for sending or receiving each communication based on the category of the communication and whether each of the plurality of interface modules is available. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSADDIQUE WAHID whose telephone number is (571)270-0865. The examiner can normally be reached Monday Friday, 8 a.m. 5 p.m. ET.. 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, Umar Cheema can be reached at 5712703037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M.W./ Examiner, Art Unit 2458/UMAR CHEEMA/Supervisory Patent Examiner, Art Unit 2458
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Prosecution Timeline

Aug 15, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
1y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1 resolved cases by this examiner. Grant probability derived from career allowance rate.

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