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 .
Claim Objections
Claims 17-20 are objected to because of the following informalities: The preamble of these claims should match that of the independent claim by adding "non-transitory". Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 5, 7-14, 16, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sonderegger (US PUB 2015/0241482), and further in view of Bernheim et al. (US PUB 2014/0368189), hereinafter Bernheim.
With respect to claim 1, Sonderegger discloses a method, comprising: obtaining, by operation of a first electricity meter (See paragraph [0021] of Sonderegger), a first networking score of the first electricity meter (See paragraph [0019] in view of [0033] and further in view of paragraphs [0045] and [0053] of Sonderegger) and a second networking score of a second electricity meter (See paragraph [0019] in view of [0033] and further in view of paragraphs [0045] and [0053] of Sonderegger), wherein the first electricity meter and the second electricity meter are connected to a common transformer (See the abstract of Sonderegger); selecting, by operation of the first electricity meter, the first electricity meter to execute manager software (See paragraph [0059] of Sonderegger), wherein the first electricity meter is selected based on the first networking score of the first electricity meter being better than the second networking score of the second electricity meter (See paragraphs [0021] and [0061] in view of paragraph [0071] of Sonderegger); but fails to disclose receiving a message, by operation of the manager software operating on the first electricity meter, wherein the message was sent by agent software operating on the second electricity meter; and relaying, by operation of the manager software, the message to a data collector. However, Bernheim does disclose receiving a message, by operation of the manager software operating on the first electricity meter, wherein the message was sent by agent software operating on the second electricity meter; and relaying, by operation of the manager software, the message to a data collector (See claim 1 of Bernheim). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method disclosed by Sonderegger to include the method steps disclosed by Bernheim because doing so enhances operational efficiency and redundancy.
With respect to claim 2, the combination of Sonderegger and Bernheim discloses the method of claim 1, wherein: comparing, by operation of the first electricity meter, networking scores of meters connected to the common transformer to determine a best score from among networking scores of the meters connected to the common transformer (See paragraphs [0037] and [0071] of Sonderegger); deactivating (See paragraph [0073] of Sonderegger), based at least in part on the comparing (See paragraphs [0037] and [0071] of Sonderegger), the manager software on the first electricity meter; and operating agent software on the first electricity meter (See paragraphs [0037] and [0071] of Sonderegger).
With respect to claim 5, the combination of Sonderegger and Bernheim discloses the method of claim 1, additionally comprising: calculating a networking score based at least in part on power or energy used to send or receive the message (See Col. 4, lines 28-35 of Sonderegger); deactivating (See paragraph [0073] of Sonderegger), based at least in part on the calculating, the manager software on the first electricity meter (See paragraph [0059] of Sonderegger); and operating agent software on the first electricity meter (See paragraph [0059] of Sonderegger).
With respect to claim 7, the combination of Sonderegger and Bernheim discloses the method of claim 1, additionally comprising: calculating, by operation of the first electricity meter (See paragraph [0021] of Sonderegger), a networking score (See paragraph [0019] in view of [0033] and further in view of paragraphs [0045] and [0053] of Sonderegger); and including the networking score in messages sent by the first electricity meter (See claim 1 of Bernheim).
With respect to claim 8, the combination of Sonderegger and Bernheim discloses the method of claim 1, wherein selecting the first electricity meter to execute manager software comprises: determining that the first networking score of the first electricity meter exceeds a networking score of a metering device currently executing manager software by more than a threshold value (See Col. 8, lines 24-36 of Sonderegger).
With respect to claim 9, the combination of Sonderegger and Bernheim discloses the method of claim 1, wherein obtaining the first networking score and the second networking score comprises: utilizing powerline communications to obtain networking scores of a plurality of electricity meters (See Col. 4, lines 20-27 of Sonderegger), all of the plurality of electricity meters are connected to a first transformer (See the abstract of Sonderegger).
With respect to claim 10, Sonderegger discloses an electricity meter (See paragraph [0021] of Sonderegger [it is recommended that the applicant use the phrase “a first electricity meter”]), comprising: a processor (See Col. 9, lines 38-54 of Sonderegger); one or more memory devices in communication with the processor (See Col. 9, lines 38-54 of Sonderegger); statements, defined in the one or more memory devices, which when executed by the processor perform actions (See Col. 9, lines 38-54 of Sonderegger) comprising: obtaining, by operation of the electricity meter, a first networking score of the electricity meter (See paragraph [0019] in view of [0033] and further in view of paragraphs [0045] and [0053] of Sonderegger) and a second networking score of a second electricity meter (See paragraph [0019] in view of [0033] and further in view of paragraphs [0045] and [0053] of Sonderegger), wherein the electricity meter (See paragraph [0021] of Sonderegger) and the second electricity meter are connected to a common transformer (See the abstract of Sonderegger); selecting, by operation of the electricity meter, the electricity meter to execute manager software (See paragraph [0059] of Sonderegger), wherein the electricity meter is selected based on the first networking score of the electricity meter being better than the second networking score of the second electricity meter (See paragraphs [0021] and [0061] in view of paragraph [0071] of Sonderegger); but fails to disclose receiving a message, by operation of the manager software operating on the electricity meter, wherein the message was sent by agent software operating on the second electricity meter; and relaying, by operation of the manager software, the message to a data collector. However, Bernheim does disclose receiving a message, by operation of the manager software operating on the electricity meter, wherein the message was sent by agent software operating on the second electricity meter; and relaying, by operation of the manager software, the message to a data collector (See claim 1 of Bernheim). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device disclosed by Sonderegger to include the features disclosed by Bernheim because doing so enhances operational efficiency and redundancy.
With respect to claim 11, the combination of Sonderegger and Bernheim discloses the electricity meter of claim 10, wherein the actions additionally comprise: deactivating the manager software on the electricity meter (See paragraph [0073] of Sonderegger); and operating agent software on the electricity meter (See paragraphs [0037] and [0071] of Sonderegger).
With respect to claim 12, the combination of Sonderegger and Bernheim discloses the electricity meter of claim 10, wherein the actions additionally comprise: calculating a networking score (See Col. 4, lines 28-35 of Sonderegger); and including the networking score with messages sent to electricity meters connected to the common transformer (See claim 1 of Bernheim).
With respect to claim 13, the combination of Sonderegger and Bernheim discloses the electricity meter of claim 10, wherein obtaining the first networking score and the second networking score comprises: utilizing powerline communications to obtain networking scores of a plurality of electricity meters (See Col. 4, lines 20-27 of Sonderegger), all of the plurality of electricity meters are connected to a first transformer (See the abstract of Sonderegger).
With respect to claim 14, the combination of Sonderegger and Bernheim discloses the electricity meter of claim 10, wherein the actions additionally comprise: calculating a networking score based at least in part on power or energy used to send or receive the message (See Col. 4, lines 28-35 of Sonderegger); deactivating (See paragraph [0073] of Sonderegger), based at least in part on the calculating, the manager software on the electricity meter (See paragraph [0059] of Sonderegger); and operating agent software on the electricity meter (See paragraph [0059] of Sonderegger).
With respect to claim 16, Sonderegger discloses one or more non-transitory computer-readable media storing computer-executable instructions that (See Col. 9, lines 28-54 of Sonderegger), when executed by one or more processors (See Col. 9, lines 28-54 of Sonderegger), configure a computing device to perform actions (See Col. 9, lines 28-54 of Sonderegger) comprising: obtaining, by operation of a first electricity meter (See paragraph [0021] of Sonderegger), a first networking score of the first electricity meter (See paragraph [0019] in view of [0033] and further in view of paragraphs [0045] and [0053] of Sonderegger) and a second networking score of a second electricity meter (See paragraph [0019] in view of [0033] and further in view of paragraphs [0045] and [0053] of Sonderegger), wherein the first electricity meter and the second electricity meter are electricity meters connected to a common transformer (See the abstract of Sonderegger); selecting, by operation of the first electricity meter, the first electricity meter to execute manager software (See paragraph [0059] of Sonderegger), wherein the first electricity meter is selected based on the first networking score of the first electricity meter being better than the second networking score of the second electricity meter (See paragraphs [0021] and [0061] in view of paragraph [0071] of Sonderegger); but fails to disclose receiving a message, by operation of the manager software operating on the first electricity meter, wherein the message was sent by agent software operating on the second electricity meter; and relaying, by operation of the manager software, the message to a data collector. However, Bernheim does disclose receiving a message, by operation of the manager software operating on the first electricity meter, wherein the message was sent by agent software operating on the second electricity meter; and relaying, by operation of the manager software, the message to a data collector (See claim 1 of Bernheim). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the instructions disclosed by Sonderegger to include the instruction steps disclosed by Bernheim because doing so enhances operational efficiency and redundancy.
With respect to claim 17, the combination of Sonderegger and Bernheim discloses one or more computer-readable media as recited in claim 16, wherein the actions additionally comprise: comparing, by operation of the first electricity meter, networking scores of meters connected to the common transformer to determine a best score from among networking scores of the meters connected to the common transformer (See paragraphs [0037] and [0071] of Sonderegger); deactivating (See paragraph [0073] of Sonderegger), based at least in part on the comparing (See paragraphs [0037] and [0071] of Sonderegger), the manager software on the first electricity meter; and operating agent software on the first electricity meter (See paragraphs [0037] and [0071] of Sonderegger).
With respect to claim 20, the combination of Sonderegger and Bernheim discloses one or more computer-readable media as recited in claim 16, wherein the actions additionally comprise: calculating a networking score based at least in part on power or energy used to send or receive the message (See Col. 4, lines 28-35 of Sonderegger); deactivating (See paragraph [0073] of Sonderegger), based at least in part on the calculating, the manager software on the first electricity meter (See paragraph [0059] of Sonderegger); and operating agent software on the first electricity meter (See paragraph [0059] of Sonderegger).
Allowable Subject Matter
Claims 3, 4, 6, 15, 18 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 3, the prior art of record neither shows nor suggests the combination of method steps additionally comprising: re-assessing network conditions, thereby obtaining a new assessment; recognizing, based on new assessment, that another electricity meter is a better candidate to operate manager software; deactivating, based at least in part on the recognizing, the manager software on the first electricity meter; and operating agent software on the first electricity meter.
With respect to claim 4, the prior art of record neither shows nor suggests the combination of method steps additionally comprising: calculating a networking score based at least in part on a likelihood of a packet sent by the agent software to arrive at an indicated destination; deactivating, based at least in part on the calculating, the manager software on the first electricity meter; and operating agent software on the first electricity meter.
With respect to claim 6, the prior art of record neither shows nor suggests the combination of method steps additionally comprising: receiving signal strength information calculated by a remote meter; and calculating a networking score based at least in part on the signal strength information.
With respect to claim 15, the prior art of record neither shows nor suggests the combination of structural elements wherein the actions additionally comprise: receiving signal strength information calculated by a remote meter; and calculating a networking score based at least in part on the signal strength information
With respect to claim 18, the prior art of record neither shows nor suggests the combination of instructions wherein the actions additionally comprise: re-assessing network conditions, thereby obtaining a new assessment; recognizing, based on the new assessment, that another electricity meter is a better candidate to operate manager software; deactivating, based at least in part on the recognizing, the manager software on the first electricity meter; and operating agent software on the first electricity meter.
With respect to claim 19, the prior art of record neither shows nor suggests the combination of instructions wherein the actions additionally comprise: calculating a networking score based at least in part on a likelihood of a packet sent by the agent software to arrive at an indicated destination; deactivating, based at least in part on the calculating, the manager software on the first electricity meter; and operating agent software on the first electricity meter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PUB 2014/0077970 discloses a method for parallel meter-reading between concentrator and electricity meters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMILADE S RHODES-VIVOUR whose telephone number is (571)270-5814. The examiner can normally be reached M-F (flex schedule).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached at 571-272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TEMILADE S RHODES-VIVOUR/ Examiner, Art Unit 2858
/HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
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