DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11,723,836. This is a statutory double patenting rejection.
Instant Application
US Patent No. 11,723,836
1. A pool or spa system supporting dynamic device discovery, the system comprising:
a master controller for communication with a pool or spa slave device, the pool or spa slave device operable to perform one or more operations with respect to a pool or spa, the master controller including: 1) a communication interface configured for communication with the pool or spa slave device via a network; and 2) a processor configured to:
transmit a discovery request packet to the pool or spa slave device over the network;
receive a discovery request response packet from the pool or spa slave device including a first unique device identifier, the first unique device identifier including a plurality of data fields within the discovery request response packet, said plurality of data fields comprising a first data field identifying a device type of the pool or spa slave device and a second data field distinguishing the pool or spa slave device from one or more other pool or spa slave devices of the same device type; and
transmit a configuration command packet to the pool or spa slave device over the network, the configuration command packet including a second unique device identifier and an available network address, the configuration command packet for configuring the pool or spa slave device for communication using the available network address based on a determination that the second unique device identifier matches the first unique device identifier thereby enabling addressed communication between the pool or spa slave device and the master controller.
1. A pool or spa system supporting dynamic device discovery, the system comprising:
a master controller for communication with a pool or spa slave device, the pool or spa slave device operable to perform one or more operations with respect to a pool or spa, the master controller including: 1) a communication interface configured for communication with the pool or spa slave device via a network; and 2) a processor configured to:
transmit a discovery request packet to the pool or spa slave device over the network;
receive a discovery request response packet from the pool or spa slave device including a first unique device identifier, the first unique device identifier including a plurality of data fields within the discovery request response packet, said plurality of data fields comprising a first data field identifying a device type of the pool or spa slave device and a second data field distinguishing the pool or spa slave device from one or more other pool or spa slave devices of the same device type; and
transmit a configuration command packet to the pool or spa slave device over the network, the configuration command packet including a second unique device identifier and an available network address, the configuration command packet for configuring the pool or spa slave device for communication using the available network address based on a determination that the second unique device identifier matches the first unique device identifier thereby enabling addressed communication between the pool or spa slave device and the master controller.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14 of U.S. Patent No. 11,426,325. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 11,426,325 teaches on each and every limitation of claim 1 of the Instant Application..
Instant Application
US Patent No. 11,426,325
1. A pool or spa system supporting dynamic device discovery, the system comprising:
a master controller for communication with a pool or spa slave device, the pool or spa slave device operable to perform one or more operations with respect to a pool or spa,
the master controller including:
1) a communication interface configured for communication with the pool or spa slave device via a network;
and 2) a processor configured to:
transmit a discovery request packet to the pool or spa slave device over the network;
receive a discovery request response packet from the pool or spa slave device including a first unique device identifier,
the first unique device identifier including a plurality of data fields within the discovery request response packet, said plurality of data fields comprising a first data field identifying a device type of the pool or spa slave device and a second data field distinguishing the pool or spa slave device from one or more other pool or spa slave devices of the same device type;
and transmit a configuration command packet to the pool or spa slave device over the network, the configuration command packet including a second unique device identifier and an available network address,
the configuration command packet for configuring the pool or spa slave device for communication using the available network address based on a determination that the second unique device identifier matches the first unique device identifier thereby enabling addressed communication between the pool or spa slave device and the master controller.
1. A pool or spa system including a plurality of components operatively coupled via a communications network supporting dynamic device discovery, the system comprising:
a pool or spa;
a plurality of pool or spa slave devices, each of the plurality of pool or spa slave devices being operable to perform one or more operations with respect to the pool or spa, each of the plurality of pool or spa slave devices being un-configured and having a unique device identifier; and
a master controller operatively coupled to the plurality of pool or spa slave devices to form a network,
Claim 14: a processing device programmed to execute the computer executable instructions
wherein, in response to a device discovery request transmitted from the master controller to the plurality of pool or spa slave devices,
a responding pool or spa slave device transmits a response packet to the master controller describing at least one pool or spa device capability of the responding pool or spa slave device,
and wherein the unique device identifier is transmittable from the responding pool or spa slave device to the master controller as a plurality of data fields within the response packet, said plurality of data fields comprising a first data field and a second data field, said first data field being a pool or spa device type identifier which identifies a type of the responding pool or spa slave device, and said second data field distinguishing the responding pool or spa slave device from other pool or spa slave devices of the same type.
1 … the master controller being programmed to assign each of the plurality of pool or spa slave devices a network address based on the unique device identifier of each of the plurality of pool or spa slave devices
and in response to bidirectional communication between the master controller and the plurality of pool or spa slave devices to configure the plurality of pool or spa slave devices and enable addressed communication between the master controller and the plurality of pool or spa slave devices,
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,554,077. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 11,554,077 teaches on each and every limitation of claim 1 of the Instant Application.
The claims of the instant application are not patentably distinct over US Patent 11,554,077. Some terms in the instant application are different as shown in the table below. The terms sending/receiving in the instant application are an obvious modification as to the controller sending and the pool or spa device receiving and vice versa. These modifications yield the same expected, predictable results.
Instant Application
US Patent No. 11,554,077
1. A pool or spa system supporting dynamic device discovery, the system comprising:
a master controller for communication with a pool or spa slave device, the pool or spa slave device operable to perform one or more operations with respect to a pool or spa, the master controller including: 1) a communication interface configured for communication with the pool or spa slave device via a network; and 2) a processor configured to:
transmit a discovery request packet to the pool or spa slave device over the network;
receive a discovery request response packet from the pool or spa slave device including a first unique device identifier, the first unique device identifier including a plurality of data fields within the discovery request response packet,
said plurality of data fields comprising a first data field identifying a device type of the pool or spa slave device and a second data field distinguishing the pool or spa slave device from one or more other pool or spa slave devices of the same device type;
and transmit a configuration command packet to the pool or spa slave device over the network, the configuration command packet including a second unique device identifier and an available network address,
the configuration command packet for
configuring the pool or spa slave device for communication using the available network address based on a determination that the second unique device identifier matches the first unique device identifier
thereby enabling addressed communication between the pool or spa slave device and the master controller.
1. A pool or spa system supporting dynamic device discovery, the system comprising:
a pool or spa slave device operable to perform one or more operations with respect to a pool or spa, the pool or spa slave device being un-configured and having a first unique device identifier, the pool or spa slave device including: 1) a communication interface configured for bidirectional communication with a master controller via a network; and 2) a processor configured to:
receive a discovery request packet from the master controller over the network;
transmit a discovery request response packet including the first unique device identifier of the un-configured pool or spa slave device, the first unique device identifier transmittable as a plurality of data fields within the discovery request response packet,
said plurality of data fields comprising a first data field identifying a device type of the pool or spa slave device and a second data field distinguishing the pool or spa slave device from one or more other pool or spa slave devices of the same device type;
receive a configuration command packet from the master controller over the network, the configuration command packet including a second unique device identifier and an available network address;
determine if the second unique device identifier matches the first unique device identifier;
and configure the pool or spa slave device to communicate using the available network address based on a determination that the second unique device identifier matches the first unique device identifier,
thereby enabling addressed communication between the pool or spa slave device and the master controller.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,144,780. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,144,780 teaches on each and every limitation of claim 1 of the Instant Application.
The claims of the instant application are not patentably distinct over US Patent 12,144,780. A limitation in the instant application is different from the US Patent 12, 144,780 as shown in the table below. The transmitting and receiving of a discovery request response packet from the pool or spa slave device in the instant application is an obvious modification to only receiving a discovery request response packet from the pool or spa device. In order to receive a response packet to a discovery request, a transmitting of a discovery request packet is expected. These modifications yield the same expected, predictable results.
Instant Application
US Patent No. 12,144,780
1. A pool or spa system supporting dynamic device discovery, the system comprising:
a master controller for communication with a pool or spa slave device, the pool or spa slave device operable to perform one or more operations with respect to a pool or spa, the master controller including:
1) a communication interface configured for communication with the pool or spa slave device via a network; and 2) a processor configured to:
transmit a discovery request packet to the pool or spa slave device over the network;
receive a discovery request response packet from the pool or spa slave device including a first unique device identifier,
the first unique device identifier including a plurality of data fields within the discovery request response packet,
said plurality of data fields comprising a first data field identifying a device type of the pool or spa slave device and a second data field distinguishing the pool or spa slave device from one or more other pool or spa slave devices of the same device type;
and transmit a configuration command packet to the pool or spa slave device over the network, the configuration command packet including a second unique device identifier and an available network address, the configuration command packet for configuring the pool or spa slave device for communication using the available network address based on a determination that the second unique device identifier matches the first unique device identifier thereby enabling addressed communication between the pool or spa slave device and the master controller.
1. A pool or spa system supporting dynamic device discovery, the system comprising:
a controller for communication with a pool or spa device, the pool or spa device operable to perform one or more operations with respect to a pool or spa, the controller including:
1) a communication interface configured for communication with the pool or spa device via a network; and 2) a processor configured to:
receive a discovery request response corresponding to the pool or spa device and including a first unique device identifier,
the first unique device identifier including a plurality of data fields within the discovery request response,
said plurality of data fields comprising a first data field identifying a device type of the pool or spa device and a second data field distinguishing the pool or spa device from one or more other pool or spa devices of the same device type;
and transmit a configuration command packet to the pool or spa device over the network, the configuration command packet including a second unique device identifier and an available network address,
the configuration command packet for configuring the pool or spa device for communication using the available network address based on a determination that the second unique device identifier matches the first unique device identifier thereby enabling addressed communication between the pool or spa device and the controller.
Allowable Subject Matter
Claim 1 is allowable over the prior art as no art has been discovered to read on the claim. However, Claim 1 is rejected under Double Patenting.
Prior Art Summary:
US PGPub 2010/0299430 Powers teaches on device discovery within a networked environment. In addition to learning part or all of the topology of communications network from ARP broadcasts or request responses, device detection module monitors data flow on the network for transmissions from the router and/or wireless access point that alert other devices on the network to their presence and function. SSDP allows devices to send and receive discovery messages that contain a device type and identifier, [0049].
US PGPub 2012/0151159 Muralimanohar teaches on a memory system where a response packet includes a plurality of data fields including device identifier. A response bus packet includes a header field, a destination select field, an optional data field. The header field can be used to convey identification information of a communicating memory device, acknowledgement information, and/or any other information suitable as header information. The destination select field can be used to communicate information indicative of a particular destination device to which the response bus packet is intended, [0039].
US Patent 7,155,497 Grover teaches on a configuring machine which sends a packet including the to-be-assigned address and the identifier of the configured device to the network. To acquire the packet, the configured device regularly checks the network for the packet having the device's identifier. Having acquired the address, the device configures itself and generates a response to the configuring machine, Abstract.
US PGPub 2010/0145479 Griffiths teaches on a sensor monitoring system which includes portable sensor devices deployed at a remote location. The system also includes a controller server which automatically detects the one or more portable sensor devices via a network connection, receives sensor data from the sensor devices, processes the sensor data using user-defined rules and sends commands to the sensor devices instructing the devices to perform various actions, [0006].
Allowable Subject Matter:
The prior art does not teach or suggest in conjunction, the system as claimed, having these features, “…transmit a discovery request packet to the pool or spa slave device over the network; receive a discovery request response packet from the pool or spa slave device including a first unique device identifier, the first unique device identifier including a plurality of data fields within the discovery request response packet, said plurality of data fields comprising a first data field identifying a device type of the pool or spa slave device and a second data field distinguishing the pool or spa slave device from one or more other pool or spa slave devices of the same device type;
and transmit a configuration command packet to the pool or spa slave device over the network, the configuration command packet including a second unique device identifier and an available network address, the configuration command packet for configuring the pool or spa slave device for communication using the available network address based on a determination that the second unique device identifier matches the first unique device identifier thereby enabling addressed communication between the pool or spa slave device and the master controller.” as recited in Independent Claim 1.
Conclusion & Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL J HACKENBERG whose telephone number is (571)272-5417. The examiner can normally be reached 9am-5pm M-F.
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/RACHEL J HACKENBERG/Primary Examiner, Art Unit 2454
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