SYSTEM AND METHOD FOR SERVER BASED CONTROL

Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Detailed Action Claims 1-36 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. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer. Claims 1-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-33 of U.S. Patent No. 12,401,721. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 721 anticipates the claimed invention as been shown in the table below. 19/298,308 12,401,721 1. A first device for use with a Wireless Local Area Network (WLAN) and a Wireless Personal Area Network (WPAN) in a building, the first device comprising: a WPAN transceiver for communicating over the WPAN; a WLAN transceiver for communicating over the WLAN; a microphone for capturing human voice data; and a sounder for converting an electrical energy to audible sound waves; one or more processors programmed with computer program instructions; and an enclosure that houses the WLAN transceiver, the WPAN transceiver the sounder, the microphone, and the one or more processors, wherein the computer program instructions, when executed, cause the first device to: capture, using the microphone, first and second human voice data; send, over the Internet via the WLAN, to a server device, the captured first and second human voice data; receive, from the server device via the WLAN over the Internet, first and second messages, in response to the sending of the respectively captured first and second human voice data; sound, using the sounder, digital audio content in response to the received first message; and send, to a second device over the WPAN, a control message that comprises a control data for controlling a first actuator in the second device to directly or indirectly affect, change, or produce, a first physical phenomenon, in response to the received second message. 31. The first device according to claim 1, further being addressable in the WLAN or in the Internet using an Internet Protocol (IP) address. 1. A first device for use with a Wireless Local Area Network (WLAN) in a building, the first device comprising: a WLAN transceiver for communicating over the WLAN; a microphone for capturing human voice data; and a sounder for converting an electrical energy to audible sound waves; and one or more processors programmed with computer program instructions that, when executed, cause the first device to: capture, using the microphone, first and second human voice data; send, over the Internet via the WLAN, to a server device, the captured first and second human voice data; receive, from the server device via the WLAN over the Internet, first and second messages, in response to the sending of the respectively captured first and second human voice data; sound, using the sounder, digital audio content in response to the received first message; and send, to a second device over the WLAN, a control message that comprises a control data for controlling a first actuator in the second device to directly or indirectly affect, change, or produce, a first physical phenomenon, in response to the received second message, wherein each of the first and second devices is addressable in the WLAN and in the Internet using a respective Internet Protocol (IP) address. 31. The first device according to claim 1, further comprising an enclosure that houses the WLAN transceiver, the sounder, the microphone, and the one or more processors. 2. The first device according to claim 1, wherein the first device or the server device is configured for processing the first and second human voice data using a voice recognition algorithm for identifying a voice of a specific person. 2. The first device according to claim 1, wherein the first device or the server device is configured for processing the first and second human voice data using a voice recognition algorithm for identifying a voice of a specific person. 3. The first device according to claim 1, further comprising a sensor that outputs sensor data that responds to a physical phenomenon, wherein the computer program instructions, when executed, further cause the first device to send to the server device, via the WLAN over the Internet, the sensor data, and wherein the first message is further responsive to the sent sensor data. 3. The first device according to claim 1, further comprising a sensor that outputs sensor data that responds to a physical phenomenon, wherein the computer program instructions, when executed, further cause the first device to send to the server device, via the WLAN over the Internet, the sensor data, and wherein the first message is further responsive to the sent sensor data. 4. The first device according to claim 3, wherein the sensor is a thermoelectric sensor that responds to a temperature or to a temperature gradient of an object using conduction, convection, or radiation, or wherein the sensor is a photoelectric sensor that responds to a visible or an invisible light or gamma rays. 4. The first device according to claim 3, wherein the sensor is a thermoelectric sensor that responds to a temperature or to a temperature gradient of an object using conduction, convection, or radiation, or wherein the sensor is a photoelectric sensor that responds to a visible or an invisible light or gamma rays. 5. The first device according to claim 1, further comprising a second actuator that is configured for directly or indirectly affect, change, or produce, a second physical phenomenon. 5. The first device according to claim 1, further comprising a second actuator that is configured for directly or indirectly affect, change, or produce, a second physical phenomenon. 6. The first device according to claim 5, wherein the second physical phenomenon comprises temperature, humidity, pressure, audio, vibration, light, motion, sound, proximity, flow rate, electrical voltage, or electrical current. 6. The first device according to claim 5, wherein the second physical phenomenon comprises temperature, humidity, pressure, audio, vibration, light, motion, sound, proximity, flow rate, electrical voltage, or electrical current. 7. The first device according to claim 1, further comprising, in the enclosure, an additional microphone for capturing human voice data, and wherein the capturing comprises capturing, by the additional microphone, the first and second human voice data. 7. The first device according to claim 1, further comprising an additional microphone for capturing human voice data, and wherein the capturing comprises capturing, by the additional microphone, the first and second human voice data. 8. The first device according to claim 7, wherein the microphone and the additional microphone are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a phenomenon impinging the microphones array. 8. The first device according to claim 7, wherein the microphone and the additional microphone are arranged as a directional microphones array operative to estimate a number, magnitude, frequency, Direction-Of-Arrival (DOA), distance, or speed of a phenomenon impinging the microphones array. 9. The first device according to claim 1, wherein the microphone is an omnidirectional, unidirectional, or bidirectional microphone that is based on a sensing of an incident sound-based motion of a diaphragm or a ribbon. 10. The first device according to claim 1, wherein the microphone comprises a condenser, an electret, a dynamic, a ribbon, a carbon, or a piezoelectric microphone. 9. The first device according to claim 1, wherein the microphone is an omnidirectional, unidirectional, or bidirectional microphone that is based on the sensing an incident sound-based motion of a diaphragm or a ribbon, or wherein the microphone comprises a condenser, an electret, a dynamic, a ribbon, a carbon, or a piezoelectric microphone. 11. The first device according to claim 1, wherein the enclosure is a wearable enclosure configured to be wearable on a human body. 32. The first device according to claim 31, wherein the enclosure is a wearable enclosure configured to be wearable on a human body. 12. The first device according to claim 1, wherein the sounder is configured for converting an electrical energy to omnidirectional, unidirectional, or bidirectional pattern emitted, audible or inaudible, sound waves. 33. The first device according to claim 1, wherein the sounder is configured for converting an electrical energy to omnidirectional, unidirectional, or bidirectional pattern emitted, audible or inaudible, sound waves. 13. The first device according to claim 1, wherein the WLAN is according to, or is compatible with, an Institute of Electrical and Electronics Engineers (IEEE) 802.11-2012, IEEE 802.11a, IEEE 802.11b, IEEE 802.11g, IEEE 802.11n, or IEEE 802.11ac standard. 35. The first device according to claim 1, wherein the WPAN is according to, uses, or compatible with, Bluetooth™ or Institute of Electrical and Electronics Engineers (IEEE) 802.15.1-2005 - standards. 36. The first device according to claim 1, wherein the WPAN is according to, uses, or compatible with, Zigbee™, IEEE 802.15.4- 2003, or Z-Wave™ standards. 13. The first device according to claim 1, wherein the WLAN is according to, or is compatible with, an Institute of Electrical and Electronics Engineers (IEEE) 802.11-2012, IEEE 802.11a, IEEE 802.11b, IEEE 802.11g, IEEE 802.11n, or IEEE 802.11ac standard. 14. The first device according to claim 1, wherein the WPAN or the WLAN uses an unlicensed radio frequency band, that is an Industrial, Scientific and Medical (ISM) radio band. 14. The first device according to claim 1, wherein the WLAN uses an unlicensed radio frequency band, that is an Industrial, Scientific and Medical (ISM) radio band. 15. The first device according to claim 1, further configured for communicating over a cellular telephone network that is a Third Generation (3G) network that uses, or is compatible with, Universal Mobile Telecommunications First device (UMTS), Wideband Code Division Multiple Access (W-CDMA) UMTS, High Speed Packet Access (HSPA), UMTS Time-Division Duplexing (TDD), CDMA2000 1xRTT, Evolution - Data Optimized (EV-DO), or Global First device for Mobile communications (GSM), Enhanced Data rates for GSM Evolution (EDGE) EDGE-Evolution. 15. The first device according to claim 1, further configured for communicating over a cellular telephone network that is a Third Generation (3G) network that uses, or is compatible with, Universal Mobile Telecommunications First device (UMTS), Wideband Code Division Multiple Access (W-CDMA) UMTS, High Speed Packet Access (HSPA), UMTS Time-Division Duplexing (TDD), CDMA2000 1×RTT, Evolution-Data Optimized (EV-DO), or Global First device for Mobile communications (GSM), Enhanced Data rates for GSM Evolution (EDGE) EDGE-Evolution. 16. The first device according to claim 1, further configured for communicating over a cellular telephone network that is a Fourth Generation (4G) network that uses, or is compatible with, Evolved High Speed Packet Access (HSPA+), Mobile Worldwide Interoperability for Microwave Access (WiMAX), Long-Term Evolution (LTE), LTE-Advanced, Mobile Broadband Wireless Access (MBWA), or is based on IEEE 802.20-2008 standard. 16. The first device according to claim 1, further configured for communicating over a cellular telephone network that is a Fourth Generation (4G) network that uses, or is compatible with, Evolved High Speed Packet Access (HSPA+), Mobile Worldwide Interoperability for Microwave Access (WiMAX), Long-Term Evolution (LTE), LTE-Advanced, Mobile Broadband Wireless Access (MBWA), or is based on IEEE 802.20-2008 standard. 17. The first device according to claim 1, wherein the second device is integrated in, is part of, or is entirely included in, a household appliance having a primary function. 17. The first device according to claim 1, wherein the second device is integrated in, is part of, or is entirely included in, a household appliance having a primary function. 18. The first device according to claim 17, wherein a primary functionality of the appliance is associated with food storage, handling, or preparation. 18. The first device according to claim 17, wherein the primary functionality of the appliance is associated with food storage, handling, or preparation. 19. The first device according to claim 18, wherein the primary function of the appliance is heating food, and wherein the appliance is a microwave oven, an electric mixer, a stove, an oven, or an induction cooker. 19. The first device according to claim 18, wherein the primary function of the appliance is heating food, and wherein the appliance is a microwave oven, an electric mixer, a stove, an oven, or an induction cooker. 20. The first device according to claim 18, wherein the appliance is a refrigerator, a freezer, a food processor, a dishwasher, a food blender, a beverage maker, a coffeemaker, or an iced-tea maker. 20. The first device according to claim 18, wherein the appliance is a refrigerator, a freezer, a food processor, a dishwasher, a food blender, a beverage maker, a coffeemaker, or an iced-tea maker. 21. The first device according to claim 17, wherein the primary function of the appliance is associated with environmental control, and the appliance is part of a Heating, Ventilation and Air Conditioning (HVAC) system. 21. The first device according to claim 17, wherein the primary function of the appliance is associated with environmental control, and the appliance is part of a Heating, Ventilation and Air Conditioning (HVAC) system. 22. The first device according to claim 21, wherein the primary function of the appliance is associated with temperature control, and wherein the appliance is an air conditioner or a heater. 22. The first device according to claim 21, wherein the primary function of the appliance is associated with temperature control, and wherein the appliance is an air conditioner or a heater. 23. The first device according to claim 17, wherein the primary function of the appliance is associated with cleaning, wherein the appliance primary function is associated with clothes cleaning and the appliance is a washing machine, or wherein the appliance is a vacuum cleaner. 23. The first device according to claim 17, wherein the primary function of the appliance is associated with cleaning, wherein the appliance primary function is associated with clothes cleaning and the appliance is a washing machine, or wherein the appliance is a vacuum cleaner. 24. The first device according to claim 17, wherein the appliance is an answering machine, a telephone set, a home cinema system, a High Fidelity (HiFi) system, a Compact Disc (CD) or Digital Video Disc (DVD) player, an electric furnace, a trash compactor, a smoke detector, a light fixture, or a dehumidifier. 24. The first device according to claim 17, wherein the appliance is an answering machine, a telephone set, a home cinema system, a High Fidelity (HiFi) system, a Compact Disc (CD) or Digital Video Disc (DVD) player, an electric furnace, a trash compactor, a smoke detector, a light fixture, or a dehumidifier. 25. The first device according to claim 1, further configured to operate within a building, and wherein the server device is external to the building. 25. The first device according to claim 1, further configured to operate within a building, and wherein the server device is external to the building. 26. The first device according to claim 1, further comprising an electric light source for converting electrical energy into light that emits visible or non-visible light for illumination or indication, and the non-visible light is infrared, ultraviolet, X-rays, or gamma rays. 26. The first device according to claim 1, further comprising an electric light source for converting electrical energy into light that emits visible or non-visible light for illumination or indication, and the non-visible light is infrared, ultraviolet, X-rays, or gamma rays. 27. The first device according to claim 26, wherein the electric light source comprises a lamp, an incandescent lamp, a gas discharge lamp, a fluorescent lamp, a Solid-State Lighting (SSL), a Light Emitting Diode (LED), an Organic LED (OLED), a polymer LED (PLED), or a laser diode. 27. The first device according to claim 26, wherein the electric light source comprises a lamp, an incandescent lamp, a gas discharge lamp, a fluorescent lamp, a Solid-State Lighting (SSL), a Light Emitting Diode (LED), an Organic LED (OLED), a polymer LED (PLED), or a laser diode. 28. The first device according to claim 1, wherein the sounder comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker. 29. The first device according to claim 1, wherein the sounder comprises an electromagnetic loudspeaker, a piezoelectric speaker, an electrostatic loudspeaker (ESL), a ribbon or planar magnetic loudspeaker, or a bending wave loudspeaker. 29. The first device according to claim 1, wherein the sounder comprises an electric bell, a buzzer, a chime, a whistle, or a ringer. 30. The first device according to claim 1, wherein the sounder comprises an electric bell, a buzzer, a chime, a whistle, or a ringer. 30. The first device according to claim 27, wherein the sounding comprises playing digital audio content that is pre-recorded or synthesized, wherein the sounding comprises simulating the voice of a human being or generating music, or wherein the sounding comprises sounding a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice. 28. The first device according to claim 27, wherein the sounding comprises playing digital audio content that is pre-recorded or synthesized, wherein the sounding comprises simulating the voice of a human being or generating music, or wherein the sounding comprises sounding a syllable, a word, a phrase, a sentence, a short story, or a long story, using male or female voice. 32. The first device according to claim 31, wherein the IP address is stored in a volatile or non-volatile memory. 34. The first device according to claim 1, further addressed by a Media Access Control (MAC) layer address that is MAC-48, Extended Unique Identifier (EUI) EUI-48, or EUI-64 address type. 10. The first device according to claim 1, wherein the IP address is stored in a volatile or non-volatile memory. 11. The first device according to claim 1, further addressed by a Media Access Control (MAC) layer address that is MAC-48, Extended Unique Identifier (EUI) EUI-48, or EUI-64 address type. 33. The first device according to claim 31, wherein the IP address is a static or dynamic Internet Protocol (IP) address that is IPv4 or IPv6 type address. 12. The first device according to claim 1, wherein the IP address is a static or dynamic Internet Protocol (IP) address that is IPv4 or IPv6 type address. 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. 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, Ario Etienne can be reached at 571-272-4001. 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. MOUSTAFA M. MEKY Primary Patent Examiner Art Unit 2457 /MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457 10/07/2026