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 .
Priority
Applicant’s claim for the benefit of a prior-filed application U.S. provisional application 62234981 and U.S. nonprovisional application 15282557 and 1783668, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement filed 12/10/2025 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered. A concise explanation of relevance has not been provided for CN101124572A and CN103380602A.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3 recites, “wherein the message is an a control message.”. This is being considered as a typographical error and the limitation is being interpreted to recite, “wherein the message is
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. US11360502B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant application # 19/026,939
Reference Patent No # US11360502B2
1. A load control system, comprising:
a control-target device configured to control an electrical load associated with one or more of a lighting system, a heating and air conditioning (HVAC) system, or a motorized window shade system;
a control-source device for sending control instructions to the control-target device; and
a system controller configured to:
listen to determine that a message has been sent by the control-source device to the control-target device;
determine a content of the message; and
using content of the message, update information stored at the system controller without querying the control-target device.
1. A load control system, comprising:
a control-target device configured to control an electrical load;
at least two control-source devices for sending control instructions to the control-target device, wherein each control-source device has been associated with the control-target device; and
a system controller configured to:
determine that a message has been sent by at least one of the control-source devices directly to the control-target device, wherein the message is an association message or a message comprising control instructions; and
determine to update information stored at the system controller without querying the control-target device based on the message.
2. The load control system of claim 1, wherein the electrical load is associated with one or more of a lighting system, a heating and air conditioning (HVAC) system, or a motorized window shade system.
2. The load control system of claim 1, wherein the message is an association message.
determine that a message has been sent by at least one of the control-source devices directly to the control-target device, wherein the message is an association message or a message comprising control instructions;
3. The load control system of claim 1, wherein the message is an a control message.
1. determine that a message has been sent by at least one of the control-source devices directly to the control-target device, wherein the message is an association message or a message comprising control instructions;
Claim 1 of instant application recites similar limitation as claim 2 of the US patent US11360502B2. The differences between the claim 1 of the instant application and claim 2 of the patent is that the instant application claim doesn’t limit the message to be directly sent from control target devices to control source device. Therefore, the instant application claim 1 is broader than the claim 1 of the patent and the instant claim fully encompasses patent and is anticipated by the patent claim.
Claim 2 of instant application recites similar limitation as claim 2 of the US patent US11360502B2. The differences between the claim 2 of the instant application and claim 2 of the patent is that the instant application claim doesn’t limit the message to be directly sent from control target devices to control source device. Therefore, the instant application claim 2 is broader than the claim 2 of the patent and the instant claim fully encompasses patent and is anticipated by the patent claim.
Claim 3 of instant application recites similar limitation as claim 2 of the US patent US11360502B2. The differences between the claim 3 of the instant application and claim 2 of the patent is that the instant application claim doesn’t limit the message to be directly sent from control target devices to control source device. Therefore, the instant application claim 3 is broader than the claim 2 of the patent and the instant claim fully encompasses patent and is anticipated by the patent claim.
Claim 1-3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. US12292754B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant application # 19/026,939
Reference Patent No # US12292754B2
1. A load control system, comprising:
a control-target device configured to control an electrical load associated with one or more of a lighting system, a heating and air conditioning (HVAC) system, or a motorized window shade system;
a control-source device for sending control instructions to the control-target device; and
a system controller configured to:
listen to determine that a message has been sent by the control-source device to the control-target device;
determine a content of the message; and
using content of the message, update information stored at the system controller without querying the control-target device.
1. A load control system, comprising:
a control-target device configured to control an electrical load associated with one or more of a lighting system, a heating and air conditioning (HVAC) system, or a motorized window shade system;
at least two control-source devices for sending control instructions to the control-target device to control the electrical load, wherein each control-source device has been associated with the control-target device; and
a system controller configured to:
listen for and determine that a message has been sent by at least one of the control-source devices directly to the control-target device;
determine a content of the message; and
determine to update information stored at the system controller based on the content of the message without querying the control-target device.
2. The load control system of claim 1, wherein the message is an association message.
2. The load control system of claim 1, wherein the message is an association message.
3. The load control system of claim 1, wherein the message is an a control message.
10. The load control system of claim 1, wherein the message is a message comprising control instructions.
Claim 1 of instant application recites similar limitation as claim 1 of the US patent US12292754B2. The differences between the claim 1 of the instant application and claim 1 of the patent is that the instant application claim doesn’t limit the message to be directly sent from control target devices to control source device. Therefore, the instant application claim 1 is broader than the claim 1 of the patent and the instant claim fully encompasses patent and is anticipated by the patent claim.
Claim 2 of instant application recites similar limitation as claim 2 of the US patent US12292754B2. The differences between the claim 2 of the instant application and claim 2 of the patent is that the instant application claim doesn’t limit the message to be directly sent from control target devices to control source device. Therefore, the instant application claim 2 is broader than the claim 2 of the patent and the instant claim fully encompasses patent and is anticipated by the patent claim.
Claim 3 of instant application recites similar limitation as claim 10 of the US patent US12292754B2. The differences between the claim 3 of the instant application and claim 10 of the patent is that the instant application claim doesn’t limit the message to be directly sent from control target devices to control source device. Therefore, the instant application claim 3 is broader than the claim 2 of the patent and the instant claim fully encompasses patent and is anticipated by the patent claim.
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 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) 1-3, 5-8, 11-14 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Killo et. al. (US20130222122A1) hereinafter Killo and further in view of Verberkt et. al. (US20160091217A1) hereinafter Verberkt.
Regarding claim 1,
Killo teaches, A load control system, comprising: a control-target device configured to control an electrical load associated with one or more of a lighting system, a heating and air conditioning (HVAC) system, or a motorized window shade system; (¶0036 teaches a load control device 306 that is adapted to be coupled in series electrical connection between an AC power source 302 and an electrical load 304 for controlling the power delivered to the electrical load 304. ¶0036 teaches, For example, the electrical load 304 may be a lighting load)
a control-source devices for sending control instructions to the control-target device; and (¶0037 teaches, The load control device 306 may be associated with one or more remote control devices, such as a remote control 312, an occupancy sensor 314, a daylight sensor 316, or any other remote control device that is capable of controlling the load 304 through transmission of digital messages to the load control device 306.)
Killo doesn’t explicitly teach, a system controller configured to listen to determine that a message has been sent by at least one of the control-source devices to the control-target device; (Verberkt in ¶0094 teaches, Environment manager module 110 (control-source device) transmits environment control command to gateway module 130 (system controller). Gateway module 130 stores data associated with the environment control command, such as identification information associated with the IP luminaire(s) (control target device) that will respond to the user's desired change in lighting level and communicate via link L5 to instruct IP luminaire 150 and/or IP luminaire 140 to adjust their illumination to produce the light level requested by the user)
determine a content of the message; (Verberkt in ¶0094 teaches, Environment manager module 110 (control-source device) transmits environment control command to gateway module 130 (system controller). Gateway module 130 stores data associated with the environment control command, such as identification information associated with the IP luminaire(s) (control target device) that will respond to the user's desired change in lighting level. Therefore, gateway module can determine the content of the message.)
and determine to update information stored at the system controller based on the content of the message without querying the control target device. (Verberkt in ¶0094 teaches, Environment manager module 110 (control-source device) transmits environment control command to gateway module 130 (system controller). Gateway module 130 stores data associated with the environment control command, such as identification information associated with the IP luminaire(s) (control target device) that will respond to the user's desired change in lighting level. ¶0089 also teaches, gateway module 130 logs and stores all or a subset of received environment control commands)
Verberkt is an art in the area of interest as it teaches, systems and methods for adjusting environmental conditions based on automatically and manually generated requests (See Abstract). A combination of Verberkt with Killo would allow a gateway (system controller) to update information based on messages sent from Environment manager module 110 (control-source device) to IP luminaire(s) (control target device). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teachings of Verberkt with Killo. One would have been motivated to do so because by doing so would allow maintaining an exact overview of the state of all the commissioned devices at any given time (as taught by Verberkt in ¶0089).
Regarding claim 2,
Killo and Verberkt teaches, The load control system of claim 1, wherein the message is an association message. (Verberkt in ¶0094 teaches, the environment control request may encode the user's desire to increase the level of light in a work zone such as a table top, as well as identification information from the coded light signals received by environment control device 160 and the environment control command comprises the information encoded in the environment control request. Therefore, the environment control command includes identification information (association message))
Regarding claim 3,
Killo and Verberkt teaches, The load control system of claim 1, wherein the message is an a control message. (Verberkt in ¶0094 teaches, the environment control command may contain specific instructions (control instruction) that, when processed by a group of IP luminaires, cause the IP luminaires to effect specific changes in illumination)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISTIAQUE AHMED whose telephone number is (571)272-7087. The examiner can normally be reached Monday to Thursday 10AM -6PM and alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISTIAQUE AHMED/ Examiner, Art Unit 2116
/KENNETH M LO/ Supervisory Patent Examiner, Art Unit 2116
