Prosecution Insights
Last updated: October 01, 2026
Application No. 18/990,213

METHODS AND APPARATUS TO MONITOR DEVICE PARAMETERS

Non-Final OA §102
Filed
Dec 20, 2024
Priority
Jan 04, 2024 — provisional 63/617,690
Examiner
COLLINS, GARY
Art Unit
Tech Center
Assignee
Emerson Electric Co.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
422 granted / 507 resolved
+23.2% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
526
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
39.9%
-0.1% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 507 resolved cases

Office Action

§102
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 Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spanier US 2014/0025321 A1. Spanier teaches: 1. An apparatus comprising: interface circuitry; [Fig. 1 24] first instructions; [Fig. 1 20] and programmable circuitry [Fig. 1 50] to at least one of instantiate or execute the first instructions to: access a file [Fig. 13 1308 - protocol library accessed] in a request from a client device [Fig. 13 1302 request], the file including at least a second instruction [Fig. 13 1314 - protocol library creates internal data request] to retrieve device parameter data associated with at least one field device in a process control system; [Fig. 13 1302 data request query] convert the at least the second instruction of the file from a first format [protocol] to a field device request in a second format [native]; [Fig. 13 1316 protocol library format converted to native database format] cause access of a first device parameter value of the device parameter data in the at least one field device based on the field device request; [para. 0186, “The native database 1206 keeps its internal data up to date by receiving data from the data gathering process module 1208, which in turn uses the Modbus RTU communication protocol to retrieve data from the measuring unit 1010 of the IED 10. The data gathering process module 1208 sends periodic data queries to the measuring unit 1010 of the IED 10 on a regular interval basis.”] query a database to retrieve a second device parameter value of the device parameter data; [Fig. 13 1318 native database retrieves data and returns] and provide the first device parameter value and the second device parameter value to the client device. [Fig. 13 1320 data sent back] Spanier teaches: 2. The apparatus of claim 1, wherein the device parameter data includes at least one of a process control value, an alarm, status information, diagnostic information, an error message, or a device identifier associated with the at least one field device. [para. 0174, “The measuring unit 1010 is responsible for measuring and computing all the data values such as, for example, voltage, amperes, power, energy and harmonics. These values are made available to the network communication card 1033 via an internal interface which talks to Modbus RTU. As stated herein, it is envisioned that this could be any protocol or just values of data in memory. The network communication card 1033 at the other end, is responsible for gathering all usable data produced by the measuring unit 1010 and for keeping this data updated at near 1 second intervals.”] Spanier teaches: 3. The apparatus of claim 1, wherein the programmable circuitry is to send different values for the device parameter data to the client device continuously. [para. 0105, “In another embodiment, UPnP is employed to allow devices, such as meters, to notify the clients of what services they support, such as modbus, dnp, web, ftp, log download, and data streaming.”] Spanier teaches: 4. The apparatus of claim 1, wherein the programmable circuitry is to: detect a change associated with the device parameter data; [para. 0118, “As such, GOOSE is known as a Publish-Subscribe message. With binary values, change detect is a False-to-True or True-to-False transition. With analog measurements, IEC 61850 defines a "deadband" whereby if the analog value changes greater than the deadband value, a GOOSE message with the changed analog value is sent.”] and send changed device parameter data to the client device based on the change. [para. 0118, “A GOOSE message is a user-defined set of data that is "published" on detection of a change in any of the contained data items sensed or calculated by the IED. Any IED or device on the LAN or network that is interested in the published data can "subscribe" to the publisher's GOOSE message and subsequently use any of the data items in the message as desired.”] Spanier teaches: 5. The apparatus of claim 4, wherein the detected change is a first detected change of multiple detected changes [para. 0118], wherein the programmable circuitry is to query the database for the multiple detected changes. [para. 0147-0149; data plus metadata stored in database for lookup] Spanier teaches: 6. The apparatus of claim 5, wherein the programmable circuitry is to periodically query the database based on a time interval. [para. 0197, “In essence the database 1206 holds the data, its age, and its status (e.g., valid data in database 1206 are refreshed once per second from the data gathering module 408).”] Spanier teaches: 7. The apparatus of claim 5, wherein the file includes parameter identifiers to be used to query the database for the multiple detected changes. [para. 0182, “At Step S1144, "Call to IEC 61850 data interface 1204", it is verified that if a reply to a user request requires data such as data which resides in the native database 1206 (e.g., voltages, currents, harmonics, etc.), it creates an internal data request to the IEC 61850 data interface 1204 in order to retrieve the needed data from native database 1206 before sending the reply through the network interface translator 1202.”] Spanier teaches: 8. The apparatus of claim 7, wherein the parameter identifiers are to be used to query the database concurrently with execution of the at least the second instruction. [para. 0181 data is retrieved from native database 1206 (Fig. 14) while polling of measurement device via data gathering module, steps 1409 and 1410 continues] Spanier teaches: 9. The apparatus of claim 1, wherein the second device parameter value of the device parameter data corresponds to a user-modifiable configuration parameter associated with the at least one field device. [para. 0176, “Most of the data is read only. However some data, for example, limits dead bands, and configuration data can be writable by the IEC 61850 routines 1203 only when parsing the file. So the configuration of such parameters can take place. Therefore, there is a write handler function linked to the IEC 61850 routines 1203 to be used when a parameter needs to be configured.”] Regarding CRM claims 10-18 and method claims 19-20, these claims recite the storage of functions for apparatus above and the method for executing steps of the functions above and are rejected on the same grounds and rationale as corresponding claims above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY COLLINS whose telephone number is (571)270-0473. The examiner can normally be reached Monday - Friday 1-930PM 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, Kamini Shah can be reached at (571) 272-2279. 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. /GARY COLLINS/Primary Examiner, Art Unit 2115
Read full office action

Prosecution Timeline

Dec 20, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12736928
MANAGEMENT APPARATUS, LITHOGRAPHY APPARATUS, MANAGEMENT METHOD, AND ARTICLE MANUFACTURING METHOD
3y 9m to grant Granted Sep 15, 2026
Patent 12730421
Reduced Order Modeling and Control of High Dimensional Physical Systems using Neural Network Model
3y 5m to grant Granted Sep 08, 2026
Patent 12725362
LATTICE STRUCTURES WITH GENERATED SURFACE PATTERNS
3y 1m to grant Granted Sep 01, 2026
Patent 12721095
CONVEYANCE METHOD AND PROCESSING SYSTEM
3y 5m to grant Granted Aug 25, 2026
Patent 12681442
POWER CONVERTER LOOP GAIN IDENTIFICATION AND COMPENSATION USING A MACHINE-LEARNING MODEL
3y 5m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+15.5%)
2y 5m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 507 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month