Prosecution Insights
Last updated: October 21, 2026
Application No. 19/174,890

DIAGNOSTIC SYSTEM, DEVICE AND METHOD FOR COMMUNICATION BEHAVIOR

Non-Final OA §102§103
Filed
Apr 09, 2025
Priority
Dec 26, 2024 — TW 113150951
Examiner
SHIU, HO T
Art Unit
2443
Tech Center
2400 — Computer Networks
Assignee
Moxa Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 12m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
338 granted / 469 resolved
+14.1% vs TC avg
Minimal -3% lift
Without
With
+-3.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
16 currently pending
Career history
502
Total Applications
across all art units

Statute-Specific Performance

§101
10.3%
-29.7% vs TC avg
§103
61.5%
+21.5% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 469 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status Claims 1-25 are pending in this application. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statement (IDS) submitted on 04/09/2025, 01/28/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 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 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 1-4, 6-11, 13-20 and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nichols (US 2016/0147622). Re Claim 7, Nichols discloses a diagnostic device, for analyzing a communication behavior of a wireless device, comprising: a data receiving module, configured to receive at least one log data from the wireless device ([0023], [0079]m processing system receives log data reported by a device. Data processing system communicates using wireless transceivers over wireless links.); a pattern identification module, configured to receive and identify whether the log data includes at least one key pattern of data ([0023], [0027]-[0029], receives log data reported by a device and incorporate a portion of the log data into an event database. Identify one or more patterns of the event.); an event detection module, configured to match at least one event corresponding to the key pattern of data, wherein the event represents a communication behavior of the wireless device ([0025]-[0028]. Process the listing of events to identify patterns among the events); and a processing module, configured to perform at least one specific operation corresponding to the event ([0034], responsive to identifying a pattern, data processing system communications an indication of an error condition. Problem can be communicated to the operator system or to the device.) Re Claim 8, Nichols discloses wherein the log data comprises a sequence consisting of a plurality of log terms, and the pattern identification module is configured to detect whether each of the log terms has the key pattern of data according to a pattern table ([0023], [0030]-[0033], log data reported by a device is received. During pattern matching process, a sequence pattern is detected to match the event). Re Claim 9, Nichols discloses wherein the pattern table comprises first key pattern of data corresponding to a first log term, and when the pattern identification module identifies that a value of the first log term in the log data is same as a first key pattern, the log data has the first key pattern of data ([0023], [0030]-[0033], log data reported by a device is received and incorporates a portion of the log data into an event database indicating interleaved events. During pattern matching process, a sequence pattern is detected to match the event, i.e., sequence of A, B, C is detected). Re Claim 10, Nichols discloses wherein the event detection module is configured to receive the first key pattern of data, and obtain a first event corresponding to the first key pattern of data according to an event table ([0023], [0030]-[0033], log data reported by a device is received and incorporates a portion of the log data into an event database indicating interleaved events. During pattern matching process, a sequence pattern is detected to match the event, i.e., sequence of A, B, C is detected). Re Claim 11, Nichols discloses wherein the processing module is configured to determine that a specific communication behavior is present in the wireless device according to the first event, and notify the wireless device to perform the specific operation ([0034], responsive to identifying a pattern, data processing system communications an indication of an error condition. Problem can be communicated to the operator system or to the device among other information including proposed solutions, root cause indications, or instructions to a user.). Re Claim 13, Nichols discloses wherein when the log data does not have the first key pattern of data, the event detection module is configured to determine that the specific communication behavior is absent in the wireless device ([0032], if the event encountered does not match the sequence, the state counter is reset to 1). Re Claim 14, Nichols discloses wherein the pattern table comprises second key pattern of data corresponding to a second log term, and when the pattern identification module identifies that a value of the first log term in the log data is same as a first key pattern and a value of the second log term in a specific log data after a predetermined time has elapsed is same as a second key pattern, the log data and the specific log data have the second key pattern of data ([0032], during the matching process, state counter is used to track if a match is found. When the A, B, C (different key patterns identified) events are encountered, a value is incremented to 3 in which the problem is then identified). Re Claim 15, Nichols discloses wherein the pattern table comprises first key pattern of data corresponding to a first log term and a second log term, and when the pattern identification module identifies that values of the first log term and the second log term in the log data are respectively same as a first key pattern and a second key pattern, the log data has the first key pattern of data ([0032]-[0033], during the matching process, state counter is used to track if a match is found. When the A, B, C (different key patterns identified) events are encountered, a value is incremented to 3 in which the problem is then identified. Vice versa, the sequence can be A, !B (Not B), and C where the problem identified is different than another recognized pattern). Re Claim 16, Nichols discloses wherein the data receiving module comprises a Universal Serial Bus (USB) module, an Ethernet module or a Bluetooth module, configured to receive the log data from the wireless device ([0036], data links for the equipment and systems to route packets use packet-based communication protocols including ethernet which would mean there is an ethernet module). With respect to claims 1-4, 6, 17-20 and 23-25, they are similar to claims 7-11 and 13-16 and therefore are rejected for the same reasons above. 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 5, 12, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nichols and in view of Haapanen (US 2019/0268219). Re claims 5 and 12, while Nichols does not disclose ending the communication after providing instructions to the device, Nichols does not disclose, however Haapanen discloses wherein after the specific operation is performed, the wireless device is configured to keep communicating with a wireless network ([0175], the mediator finishes sending instructions to the network devices. The mediator may keep the communications connection with the device management system open). It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Nichols’s device management with Haapanen’s device management to keep the communication connection open after sending instructions to the network devices. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to allow the device management system to transmit new instructions to the network devices when it becomes available. Re Claim 21, Nichols discloses determining that a specific communication behavior is present in the wireless device according to the first event ([0034], responsive to identifying a pattern, data processing system communications an indication of an error condition. Problem can be communicated to the operator system or to the device among other information including proposed solutions, root cause indications, or instructions to a user.). Nichols does not disclose, however Haapanen discloses wherein after the specific operation is performed, the wireless device is configured to keep communicating with a wireless network ([0175], the mediator finishes sending instructions to the network devices. The mediator may keep the communications connection with the device management system open). It would have been obvious for one of ordinary skill in the art before the date the current invention was effectively filed to have modified the teachings of Nichols’s device management with Haapanen’s device management to keep the communication connection open after sending instructions to the network devices. One of ordinary skill in the art would have been motivated to incorporate the teachings with one another in order to allow the device management system to transmit new instructions to the network devices when it becomes available. Re Claim 22, Nichols discloses determining that the specific communication behavior is absent in the wireless device when the log data does not have the first key pattern of data ([0032], if the event encountered does not match the sequence, the state counter is reset to 1). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HO T SHIU whose telephone number is (571)270-3810. The examiner can normally be reached Mon-Fri (9:00am - 5:00pm). 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, Nicholas Taylor can be reached at 571-272-3089. 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. /HO T SHIU/Examiner, Art Unit 2443 HO T. SHIU Examiner Art Unit 2443 /NICHOLAS R TAYLOR/Supervisory Patent Examiner, Art Unit 2443
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Prosecution Timeline

Apr 09, 2025
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
69%
With Interview (-3.4%)
3y 6m (~1y 12m remaining)
Median Time to Grant
Low
PTA Risk
Based on 469 resolved cases by this examiner. Grant probability derived from career allowance rate.

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