Prosecution Insights
Last updated: August 14, 2026
Application No. 19/180,339

DATA-ONLY CELL MODEMS

Non-Final OA §102§112
Filed
Apr 16, 2025
Priority
Apr 16, 2024 — provisional 63/634,810
Examiner
HAILE, BENYAM
Art Unit
Tech Center
Assignee
Vivint LLC
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
440 granted / 712 resolved
+1.8% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
43 currently pending
Career history
754
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
57.0%
+17.0% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 resolved cases

Office Action

§102 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of Claims Claims 1-20 are pending. Information Disclosure Statement The information disclosure statement filed 04/16/2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because it fails to satisfy the requirements as listed in MPEP 609.01(B). It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a). Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 5, 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 5, 15 recites the limitation "detailed alarm system data" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. 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 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mysore et al. [US 20210029298]. As to claim 1. Mysore discloses A method of remotely controlling an alarm system, said method comprising: simultaneously communicating, via a data-only modem over a communications network, [fig. 1, 0057] via a network interface 160 that is implemented using a router over the internet as the network, a router requires a modem to connect to the internet; [0076] that implements a voice over internet (VoIP) protocol, (i) voice data from a user of the alarm system and (ii) alarm system data from the alarm system with a monitoring service, [fig. 2A, 0070] server system 164 receives audio data and metadata from smart devices 204 inside a monitored home environment 100; receiving, via the data-only modem, at least one of a query signal, [fig. 5, 0156] event processor 505 of the server system 164 sends a request for additional data, and a control signal for a control panel of the alarm system, [0060, 0064] server system sends command to control operation of the smart devices through the hub 180; and communicating, via the data-only modem, [fig. 2A, 0058] the hub 180 is communicatively coupled to network 162 via the network interface 160, the at least one of the query signal, [0156], and the control signal with the control panel, [0060, 0064], to enable an operator of the monitoring service to access additional alarm system data and/or control the control panel of the alarm system, [0060, 0087] server 164 sends command to control operation of the smart home environment; [0064] wherein the command can be initiated by a user. As to claim 2. Mysore fails to disclose The method according to claim 1, wherein receiving at least one of a query signal and a control signal includes receiving a control signal that, when received by the control panel, causes the control panel to turn the alarm system to an OFF state, [0058] the hub device 180 is controlled by a remote user by sending a command via the server 164, [0060] to control operation of the smart home environment, [0087] and modify operation mode of the devices in the smart home 100; [0046] wherein the alarm system can be set to armed and disarmed state. As to claim 3. Mysore discloses The method according to claim 1, wherein communicating, via the data-only modem, voice data includes communicating a session-initiated protocol (SIP) or voice over Internet protocol (VoIP) data, [0076]. As to claim 4. Mysore discloses The method according to claim 1, further comprising communicating additional alarm system data in response to communicating a query signal to the control panel, [0156]. As to claim 5. Mysore discloses The method according to claim 4, wherein communicating detailed alarm system data includes communicating sensor data indicative of each sensor being monitored by the control panel of the alarm system, [0058] a user can view status of the hub device and coupled smart devices. As to claim 6. Mysore discloses The method according to claim 1, wherein communicating, by the data-only modem, the alarm system data includes communicating data indicative of a specific sensor that triggered the alarm system, [0156, 0166] receive data from sensor that detected the event, and additional data from the sensor that detected the event. As to claim 7. Mysore discloses The method according to claim 1, further comprising communicating an identifier associated with the control panel to enable a physical location of the alarm system to be presented to the operator at the monitoring service, [0093, 0094, 0099] user account associated with hub device identification and physical location stored in a database. As to claim 8. Mysore discloses The method according to claim 7, further comprising querying the identifier in a data repository to access the physical location of the alarm system, querying a database to retrieve data that is already available in the database is the main implementation reason of said database. As to claim 9. Mysore discloses The method according to claim 8, further comprising accessing additional information associated with the identifier in the data repository to enable the operator at the monitoring service to have access thereto, [0071, 0074] server identifies user accounts linked to multiple smart homes. As to claim 10. Mysore discloses The method according to claim 1, wherein communicating voice data and alarm system data includes communicating the voice data and alarm system data directly with the monitoring service, [fig. 2A, 0070] server system 164 receives audio data and metadata from smart devices 204 inside a monitored home environment 100. As to claim 11. Mysore discloses An alarm system, comprising: a control panel, [fig. 2A, 0058] hub device 180, configured to control the alarm system, [0060] the hub device as the smart home controller; and a data-only modem [fig. 1, 0057] via a network interface 160 that is implemented using a router over the internet as the network, a router requires a modem to connect to the internet; [0076] that implements a voice over internet (VoIP) protocol, in communication with the control panel, [fig. 2A, 0058] the hub 180 is communicatively coupled to network 162 via the network interface 160, and configured to: implement the steps as claimed in claim 1, and are rejected using the same prior arts and reasoning as to that of claim 1. As to claims 12-20 are rejected using the same prior arts and reasoning as to that of claims 2-10, respectively. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur.. 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, Steven Lim can be reached at (571)270-1210. 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. /Benyam Haile/Primary Examiner, Art Unit 2688
Read full office action

Prosecution Timeline

Apr 16, 2025
Application Filed
Jul 22, 2026
Non-Final Rejection mailed — §102, §112 (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
62%
Grant Probability
86%
With Interview (+24.4%)
2y 4m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 712 resolved cases by this examiner. Grant probability derived from career allowance rate.

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