/ 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 .
Detailed Action
Claims 2-16 are presenting for examination.
non-statutory double patenting rejection
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
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Claims 2-16 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-5 & 11-18 of U.S. Patent No. 11,196,642. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 642 anticipates the claimed invention as been shown in the table below.
19/218,181
11,196,642
2. (New) A method, comprising:
accessing one or more historical network performance parameters for a plurality of CPE devices of a geographical location;
accessing data corresponding to a plurality of environmental factors for the geographical location;
analyzing the one or more historical network performance parameters to identify a degradation in quality of services for the plurality of CPE devices;
determining that the degradation in the quality of services correlates to a change in one or more environmental factors of the plurality of environmental factors for the geographical location; and
prioritizing one or more network maintenance tasks based on a predicted upcoming occurrence of a change in the one or more environmental factors.
1. A method for identifying a cause of an impairment in a network, comprising: receiving one or more historical network performance parameters for a plurality of CPE devices of a geographical location, the one or more historical network performance parameters corresponding to particular days or times; receiving data corresponding to a plurality of environmental factors for the geographical location, the plurality of environmental factors for the geographical location corresponding to the particular days or times; analyzing the one or more historical network performance parameters to identify a degradation in quality of services for the plurality of CPE devices; determining that the degradation in the quality of services correlates to a change in one or more environmental factors of the plurality of environmental factors for the geographical location; and identifying the one or more environmental factors as a cause for the degradation in the quality of services; receiving a weather forecast predicting the occurrence of the change in the one or more environmental factors in the geographic location; accessing a plurality of network maintenance tasks associated with the plurality of CPE devices; and prioritizing the plurality of network maintenance tasks based on the predicted occurrence of the change in the one or more environmental factors.
3. (New) The method of claim 2, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services occurred within a predetermined time of the change in the one or more environmental factors.
2. The method of claim 1, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services occurred within a predetermined time of the change in the one or more environmental factors.
4. (New) The method of claim 2, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services corresponds in time to the change in the one or more environmental factors.
3. The method of claim 1, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services corresponds in time to the change in the one or more environmental factors.
(New) The method of claim 2, comprising: analyzing one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices, including: calculating an average network performance parameter for the plurality of CPE devices; and determining that the average network performance parameter for the plurality of CPE devices is below a performance threshold.
10. (New) The non-transitory computer-readable storage medium of claim 7, the one or more programs further including instructions for: analyzing one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices, including: calculating an average network performance parameter for the plurality of CPE devices; and determining that the average network performance parameter for the plurality of CPE devices is below a performance threshold.
4. The method of claim 1, wherein analyzing the one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices includes: calculating an average network performance parameter for the plurality of CPE devices; and determining that the average network performance parameter for the plurality of CPE devices is below a performance threshold.
(New) The method of claim 5, wherein analyzing the one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices includes: determining that a network performance parameter for each of plurality of CPE devices is below a CPE performance threshold.
11. (New) The non-transitory computer-readable storage medium of claim 10, wherein analyzing the one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices includes: determining that a network performance parameter for each of plurality of CPE devices is below a CPE performance threshold.
5. The method of claim 1, wherein analyzing the one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices includes: determining that a network performance parameter for each of plurality of CPE devices is below a CPE performance threshold.
7. (New) A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device, the one or more programs including instructions for: accessing one or more historical network performance parameters for a plurality of CPE devices of a geographical location; accessing data corresponding to a plurality of environmental factors for the geographical location; analyzing the one or more historical network performance parameters to identify a degradation in quality of services for the plurality of CPE devices; determining that the degradation in the quality of services correlates to a change in one or more environmental factors of the plurality of environmental factors for the geographical location; and prioritizing one or more network maintenance tasks based on a predicted upcoming occurrence of a change in the one or more environmental factors.
11. A computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device, the one or more programs including instructions for: receiving one or more historical network performance parameters for a plurality of CPE devices of a geographical location, the one or more historical network performance parameters corresponding to particular days or times; receiving data corresponding to a plurality of environmental factors for the geographical location, the plurality of environmental factors for the geographical location corresponding to the particular days or times; analyzing the one or more historical network performance parameters to identify a degradation in quality of services for the plurality of CPE devices; determining that the degradation in the quality of services correlates to a change in one or more environmental factors of the plurality of environmental factors for the geographical location; identifying the one or more environmental factors as a cause for the degradation in the quality of services receiving a weather forecast predicting the occurrence of the change in the one or more environmental factors in the geographic location; accessing a plurality of network maintenance tasks associated with the plurality of CPE devices; and prioritizing the plurality of network maintenance tasks based on the predicted occurrence of the change in the one or more environmental factors.
8. (New) The non-transitory computer-readable storage medium of claim 7, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services occurred within a predetermined time of the change in the one or more environmental factors.
12. The computer-readable storage medium of claim 11, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services occurred within a predetermined time of the change in the one or more environmental factors.
9. (New) The non-transitory computer-readable storage medium of claim 7, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services corresponds in time to the change in the one or more environmental factors.
13. The computer-readable storage medium of claim 11, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services corresponds in time to the change in the one or more environmental factors.
12. (New) An electronic device, comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: accessing one or more historical network performance parameters for a plurality of CPE devices of a geographical location; accessing data corresponding to a plurality of environmental factors for the geographical location; analyzing the one or more historical network performance parameters to identify a degradation in quality of services for the plurality of CPE devices; determining that the degradation in the quality of services correlates to a change in one or more environmental factors of the plurality of environmental factors for the geographical location; and prioritizing one or more network maintenance tasks based on a predicted upcoming occurrence of a change in the one or more environmental factors.
14. An electronic device, comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: receiving one or more historical network performance parameters for a plurality of CPE devices of a geographical location, the one or more historical network performance parameters corresponding to particular days or times; receiving data corresponding to a plurality of environmental factors for the geographical location, the plurality of environmental factors for the geographical location corresponding to the particular days or times; analyzing the one or more historical network performance parameters to identify a degradation in quality of services for the plurality of CPE devices; determining that the degradation in the quality of services correlates to a change in one or more environmental factors of the plurality of environmental factors for the geographical location; identifying the one or more environmental factors as a cause for the degradation in the quality of services receiving a weather forecast predicting the occurrence of the change in the one or more environmental factors in the geographic location; accessing a plurality of network maintenance tasks associated with the plurality of CPE devices; and prioritizing the plurality of network maintenance tasks based on the predicted occurrence of the change in the one or more environmental factors.
13. (New) The electronic device of claim 12, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services occurred within a predetermined time of the change in the one or more environmental factors
15. The electronic device of claim 14, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services occurred within a predetermined time of the change in the one or more environmental factors.
14. (New) The electronic device of claim 12, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services corresponds in time to the change in the one or more environmental factors.
16. The electronic device of claim 14, wherein determining that the degradation in the quality of services correlates to the change in the one or more environmental factors includes determining that the degradation in the quality of services corresponds in time to the change in the one or more environmental factors.
15. (New) The electronic device of claim 12, the one or more programs further including instructions for analyzing one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices, including: calculating an average network performance parameter for the plurality of CPE devices; and determining that the average network performance parameter for the plurality of CPE devices is below a performance threshold.
16. (New) The electronic device of claim 15, wherein analyzing the one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices includes: determining that a network performance parameter for each of plurality of CPE devices is below a CPE performance threshold.
17. The electronic device of claim 14, wherein analyzing the one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices includes: calculating an average network performance parameter for the plurality of CPE devices; and determining that the average network performance parameter for the plurality of CPE devices is below a performance threshold.
18. The electronic device of claim 14, wherein analyzing the one or more historical network performance parameters to identify a degradation in the quality of services for the plurality of CPE devices includes: determining that a network performance parameter for each of plurality of CPE devices is below a CPE performance threshold.
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
08/03/2026
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