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 .
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory 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 1-3, 5-6, 9-10, 12, 14-15, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-3, 5-6, 10-12, 14-15, and 9, respectively, of U.S. Patent No. 12,414,215. Although the claims at issue are not identical, they are not patentably distinct from each other because independent Claim 1 of the instant application is a broader version of independent Claim 1 of the parent ‘215 patent, and Claims 2-3, 5-6, 9-10, 12, 14-15, and 17 of the instant application correspond to Claims 2-3, 5-6, 10-12, 14-15, and 9, respectively, of the parent ‘215 patent, as shown in the table below with any differences underlined.
Instant application
US Patent 12,414,215
Claim 1: A modular post, comprising a plurality of pole modules arranged one above the other along a central axis of the modular post, said plurality of pole modules comprising a functional pole module for receiving and/or transmitting signals, said functional pole module comprising:
a housing comprising a lower section, a middle section, and an upper section; and
a functional unit comprising a wireless communication means and a power and data interface, said power and data interface configured for being connected to a power source and to the wireless communication means, for powering the wireless communication means, for powering another functional unit of another functional pole module, and for transmitting and/or receiving data to/from the other functional unit,
wherein at least one of the lower section or the upper section comprises a coupling interface configured for mechanically coupling the functional pole module to another pole module of the plurality of pole modules located below or above along the central axis, respectively.
Claim 1: A modular lamp post comprising a plurality of pole modules arranged one above the other along a central axis of the modular lamp post, said plurality of pole modules comprising a functional pole module for receiving and/or transmitting signals, said functional pole module comprising:
a housing comprising a lower section, a middle section, and an upper section; and
a functional unit mounted in the middle section and comprising a wireless communication means and a power and data interface, said power and data interface configured for being connected to a power source and to the wireless communication means, for powering the wireless communication means, for powering another functional unit of another functional pole module, and for transmitting and/or receiving data to/from the other functional unit,
wherein at least one of the lower section or the upper section comprises a coupling interface configured for mechanically coupling the functional pole module to another pole module of the plurality of pole modules located below or above along the central axis, respectively,
wherein the middle section further comprises a support plate and a tilting base for pivotally mounting the wireless communication means, such that the wireless communication means can be oriented in a plurality of directions with respect to the middle section.
Claim 2: The modular post according to claim 1, wherein the lower section, and/or optionally the upper section, is configured for allowing the functional pole module to be rotated about the central axis, and, optionally, for fixing a position of the function pole module relative to the central axis.
Claim 2: The modular lamp post according to claim 1, wherein the lower section, and/or optionally the upper section, is configured for allowing the functional pole module to be rotated about the central axis, and, optionally, for fixing a position of the function pole module relative to the central axis.
Claim 3: The modular post according to claim 1, wherein the other functional unit comprises any one of the following: a sensing means, a communicating means such as a Wi-Fi access point or a base unit, a Human-Interface Device, a signaling means, or a processing means.
Claim 3: The modular lamp post according to claim 1, wherein the other functional unit comprises any one of the following: a sensing means, a communicating means such as a Wi-Fi access point or a base unit, a Human-Interface Device, a signaling means, or a processing means.
Claim 5: The modular post according to claim 1, further comprising one or more power lines extending through an opening in the lower section, said one or more power lines being optionally configured for being connected to a mains power supply or to a DC power supply.
Claim 5: The modular lamp post according to claim 1, further comprising one or more power lines extending through an opening in the lower section, said one or more power lines being optionally configured for being connected to a mains power supply or to a DC power supply.
Claim 6: The modular post according to claim 1, wherein the wireless communication means comprises a directional antenna.
Claim 6: The modular lamp post according to claim 1, wherein the wireless communication means comprises a directional antenna.
Claim 9: The modular post according to claim 1, wherein the other functional pole module comprises a camera pole module and the other functional unit of the camera pole module comprises a camera unit.
Claim 9: The modular lamp post according to claim 1, wherein the other functional pole module comprises a camera pole module and the other functional unit of the camera pole module comprises a camera unit.
Claim 10: The modular post according to claim 1, wherein the wireless communication means is powered by a Power-over-Ethernet, PoE, device having a power input receiving input power via a power line and having a PoE output connected to the wireless communication means.
Claim 10: The modular lamp post according to claim 1, wherein the wireless communication means is powered by a Power-over-Ethernet, PoE, device having a power input receiving input power via a power line and having a PoE output connected to the wireless communication means.
Claim 12: The modular post according to claim 1, wherein the middle section comprises a removable cover delimiting a sealed compartment of the functional pole module, and the removable cover is configured for being transparent to signals received and/or transmitted by the functional pole module.
Claim 12: The modular lamp post according to claim 1, wherein the middle section comprises a removable cover delimiting a sealed compartment of the functional pole module, and the removable cover is configured for being transparent to signals received and/or transmitted by the functional pole module.
Claim 14: The modular post according to claim 1, wherein the functional pole module is configured to control the powering of the another functional pole module.
Claim 14: The modular lamp post according to claim 1, wherein the functional pole module is configured to control the powering of the another functional pole module.
Claim 15: The modular post according to claim 1, wherein the power and data interface comprises a power input connector configured to be connected to a power line and a power and data connector configured to be connected to a power and data line for connecting the another functional pole module.
Claim 15: The modular lamp post according to claim 1, wherein the power and data interface comprises a power input connector configured to be connected to a power line and a power and data connector configured to be connected to a power and data line for connecting the another functional pole module.
Claim 17: A functional pole module for use in the modular post according to claim 1.
Claim 9: A functional pole module for use in the modular lamp post of claim 1.
As shown in the table above, all the features of independent Claim 1 are recited in Claim 1 of the parent ‘215 patent, and Claims 2-3, 5-6, 9-10, 12, 14-15, and 17 of the instant application correspond identically to Claims 2-3, 5-6, 10-12, 14-15, and 9, respectively, of the parent ‘215 patent. Therefore, Claims 1-3, 5-6, 9-10, 12, 14-15, and 17 of the instant application are not patentably distinct from Claims 1-3, 5-6, 9-12, and j14-15 of the parent ‘215 patent.
Claim Objections
Claims 2 and 20 are objected to because of the following informalities:
Claim 2 recites the limitation “the function pole module” in line 18 on pg. 1. There is insufficient antecedent basis for this limitation in the claim. Since it is readily apparent that this referring back to the “functional pole module” previously defined in Claim 1, this does not create an issue of indefiniteness under 35 U.S.C. 112(b). However, the Examiner respectfully suggests amending it to be --the functional pole module-- to correct the typographical error and establish proper antecedent basis.
Regarding claim 20, the limitation “the other functional unit comprises any one of the following: a sensing means, a communication means such as a Wi-Fi access point or a base unit, a Human-Interface Device, a signaling means, or a processing means, a camera unit” in lines 16-18 on pg. 4 is grammatically incorrect. The Examiner respectfully suggests amending it to be --the other functional unit comprises any one of the following: a sensing means, a communication means such as a Wi-Fi access point or a base unit, a Human-Interface Device, a signaling means, or a camera unit-- to correct the typographical errors.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “a wireless communication means” in Claims 1 and 18, “the wireless communication means” in Claims 4, 6, 8, 10-11, 13, and 16, “a sensing means” in Claims 3 and 20, “a communicating means” in Claims 3 and 20, “a signaling means” in Claims 3 and 20, and “a processing means” in Claims 3 and 20.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 2, 4-5, 7, 11, and 18-20 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.
Regarding claim 2, the use of the term “optionally” in the limitation “and, optionally, for fixing a position of the function pole module relative to the central axis” in lines 17-18 on pg. 1 render the claim indefinite because it is unclear whether the features following the term “optionally” are part of the claimed invention. According to MPEP 2111.04, "Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed." Therefore, the recitations of Claim 2 that follow the term "optionally" are therefore not required elements of this claim and are thus given no patentable weight. Since these elements have no patentable weight because they are merely optional, no prior art is required to teach these elements in order for these claims to be rejected.
Regarding claim 4, the use of the term “preferably” in the limitations “wherein preferably the support pole is provided with an access door, and wherein preferably a control line extends between the functional pole module and the access door, such that an operator can exchange control data for controlling the power and data interface and/or the wireless communication means via said control line” in lines 26-29 on pg. 1 render the claim indefinite because it is unclear whether the features following the term “preferably” are part of the claimed invention. As explained in MPEP 2173.05(d), “Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of the claim.” For the purpose of examination, the Examiner has treated both of these limitations as optional features of the invention not having any patentable weight.
Regarding claim 5, the use of the term “optionally” in the limitation “said one or more power lines being optionally configured for being connected to a mains power supply or to a DC power supply” in lines 32-33 on pg. 1 render the claim indefinite because it is unclear whether the features following the term “optionally” are part of the claimed invention. According to MPEP 2111.04, "Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed." Therefore, the recitations of Claims 2 and 5 that follow the term "optionally" are therefore not required elements of this claim and are thus given no patentable weight. Since these elements have no patentable weight because they are merely optional, no prior art is required to teach these elements in order for these claims to be rejected.
Regarding claim 7, the use of the term “preferably” in the limitations “wherein preferably the processing pole module is arranged below the functional pole module and the other functional pole module, and the processing pole module has an upper section provided with an upper interface which is connected to the lower complementary interface of the functional pole module or of the other pole module, and a lower section with a lower interface which is connected to another lower pole module of the plurality of pole modules through one or more external or internal module connections” in lines 12-17 on pg. 2 renders the claim indefinite because it is unclear whether the features following the term “preferably” are part of the claimed invention. As explained in MPEP 2173.05(d), “Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of the claim.” For the purpose of examination, the Examiner has treated the limitations following the term “preferably” as optional features of the invention not having any patentable weight.
Regarding claim 11, the use of the word “preferably” in the limitation “wherein preferably the tilting base is pivotable around an axis substantially perpendicular to the central axis” in lines 4-5 on pg. 3 renders the claim indefinite because it is unclear whether the features following the term “preferably” are part of the claimed invention. As explained in MPEP 2173.05(d), “Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of the claim.” For the purpose of examination, the Examiner has treated the limitation as an optional feature of the invention not having any patentable weight.
Regarding claim 18, the Applicant is respectfully advised that where Applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “gland” in Claim 18 is used by the claim to mean “a passage or opening for a cable to pass through to extend from the functional unit to the sealed compartment,” while the accepted meaning is “a specialized cell, group of cells, or organ … that selectively removes materials from the blood, concentrates or alters them, and secretes them for further use in the body or for elimination from the body”, or “a device for preventing leakage of fluid past a joint in machinery”, or “the movable part of a stuffing box by which the packing is compressed” (see the dictionary definition of “gland” at https://www.merriam-webster.com/dictionary/gland). The term is indefinite because the specification does not clearly redefine the term.
The Examiner respectfully suggests amending lines 3-4 on pg. 4 to recite --a cable passage passage
Claim 19 is rejected due to its dependence on indefinite Claim 18.
Regarding claim 20, the use of the word “preferably” in the limitation “wherein preferably the other functional unit comprises any one of the following: a sensing means, a communicating means such as a Wi-Fi access point or a base unit, a Human-Interface Device, a signaling means, or a processing means, a camera unit” in lines 16-18 on pg. 4 renders the claim indefinite because it is unclear whether the features following the term “preferably” are part of the claimed invention. As explained in MPEP 2173.05(d), “Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of the claim.” For the purpose of examination, the Examiner has treated the limitation as an optional feature of the invention not having any patentable weight.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-6, 8-9, and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galloppa et al. (US 10,429,047, previously listed on the IDS filed 8/15/2025, hereinafter “Galloppa”).
Regarding claim 1, Galloppa discloses a modular post, comprising a plurality of pole modules arranged one above the other along a central axis of the modular post, said plurality of pole modules comprising a functional pole module for receiving and/or transmitting signals (modular luminaire assembly 100 comprises a supporting pole 110 on which is mounted a plurality of modules 120 including a first luminaire module 130, a second luminaire module 140, and a third luminaire module 150, which can each be represented by a generic module 200 in Fig. 3; see Figs. 1-8; Abstract; col. 4, lines 38-61), said functional pole module comprising a housing comprising a lower section, a middle section, and an upper section (the first luminaire module 130 comprises a first or upper portion 130a, a second or lower portion 130b, and a third or central portion 130c, with each of the other modules 140, 150 having similar sections; see Figs. 1-2; col. 4, lines 62-67; col. 5, lines 1-47; 54-59); and a functional unit comprising a wireless communication means (any of the modules 120 can include a Wi-Fi transceiver module (not shown); see col. 5, lines 17-25) and a power and data interface, said power and data interface configured for being connected to a power source and to the wireless communication means, for powering the wireless communication means, for powering another functional unit of another functional pole module, and for transmitting and/or receiving data to/from the other functional unit (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules, and can include a plug-in electrical connector 400 which connects to a complementary plug-in connector 500 to provide the power and data connections between modules to provide power and/or data to all the various electronic components therein; see Fig. 6; col. 4, lines 53-61; col. 10, lines 20-38), wherein at least one of the lower section or the upper section comprises a coupling interface configured for mechanically coupling the functional pole module to another pole module of the plurality of pole modules located below or above along the central axis, respectively (module connectors 160, 170, and 180 are disposed between the upper and lower sections of adjacent modules 120 to connect the various modules to each other and to the supporting pole 110; see Figs. 1, 3-5; col. 4, lines 38-52; col. 5, lines 26-59; col. 6, lines 4-67; col. 7, lines 1-59).
Regarding claim 2, Galloppa discloses wherein the lower section, and/or optionally the upper section, is configured for allowing the functional pole module to be rotated about the central axis, and, optionally, for fixing a position of the functional pole module relative to the central axis (the module connectors permit rotation relative to the other; see col. 9, lines 39-44; see also Claim 8).
Regarding claim 3, Galloppa disclose wherein the other functional unit comprises any one of the following: a sensing means, a communicating means such as a Wi-Fi access point or a base unit, a Human-Interface device, a signaling means, or a processing means (the modules can include a Wi-Fi transceiver module, a loudspeaker module, one or more camera modules, a video surveillance module, etc.; see col. 5, lines 17-25).
Regarding claim 4, Galloppa discloses the modular post further comprising a support pole for supporting the plurality of pole modules, wherein preferably the support pole is provided with an access door, and wherein preferably a control line extends between the functional pole module and the access door, such that an operator can exchange control data for controlling the power and data interface and/or the wireless communication means via said control line (supporting pole 110; see Fig. 1; col. 4, lines 38-52).
Regarding claim 5, Galloppa discloses the modular post further comprising one or more power lines extending through an opening in the lower section, said one or more power lines being optionally configured for being connected to a mains power supply or to a DC power supply (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules, such as electrical connections 550; see Fig. 6; col. 4, lines 53-61; col. 10, lines 34-38).
Regarding claim 6, Galloppa discloses wherein the wireless communication means comprises a directional antenna (the modules can include a Wi-Fi transceiver module, and the upper section 130a can include apertures 135a, 135b for antennas; see col. 5, lines 17-31).
Regarding claim 8, Galloppa discloses wherein the plurality of pole modules comprises a light pole module, and/or wherein the middle section, the upper section, and the lower section have substantially the same outer perimeter, and/or wherein the wireless communication means is configured for millimeter-wave communication, and/or wherein the functional module is arranged in the housing (the plurality of modules 120 include a first luminaire module 130, a second luminaire module 140, and a third luminaire module 150, and can include one or more LED arrays therein, each of the modules have the same outer perimeter, and contain various electronic components therein; see Fig. 1; col. 4, lines 38-46; col. 5, lines 17-25, 44-47, 60-67; col. 6, lines 1-3).
Regarding claim 9, Galloppa discloses wherein the other functional pole module comprises a camera pole module and the other functional unit of the camera pole module comprises a camera unit (any of the modules can include one or more camera modules and/or a video surveillance module; see col. 5, lines 17-25).
Regarding claim 12, Galloppa discloses wherein the middle section comprises a removable cover delimiting a sealed compartment of the functional pole module, and the removable cover is configured for being transparent to signals received and/or transmitted by the functional pole module (each module can have a casing formed by a first portion 210 and a second portion 220, each having a semi-circular cross-section connected together along first and second longitudinal seals 230, 240, which are held together by screws 250 which can be removed as needed to access the interior; see Fig. 3; col. 6, lines 37-53).
Regarding claim 13, Galloppa discloses wherein the wireless communication means comprises a terminal unit configured for transmitting and/or receiving signals to/from a base unit; and/or wherein the plurality of pole modules comprises a base pole module including a base unit (any of the modules 120 can include a Wi-Fi transceiver module (not shown); see col. 5, lines 17-25).
Regarding claim 14, Galloppa discloses wherein the functional pole module is configured to control the powering of the another functional pole module (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules, and can include a plug-in electrical connector 400 which connects to a complementary plug-in connector 500 to provide the power and data connections between modules to provide power and/or data to all the various electronic components therein; see Fig. 6; col. 4, lines 53-61; col. 10, lines 20-38).
Regarding claim 15, Galloppa discloses wherein the power and data interface comprises a power input connector configured to be connected to a power line and a power and data connector configured to be connected to a power and data line for connecting the another functional pole module (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules, and can include a plug-in electrical connector 400 which connects to a complementary plug-in connector 500 to provide the power and data connections between modules to provide power and/or data to all the various electronic components therein; see Fig. 6; col. 4, lines 53-61; col. 10, lines 20-38).
Regarding claim 16, Galloppa discloses wherein the power and data interface comprises circuitry for powering the wireless communication means and the power and data connector, using the power on the power input line; and/or wherein the power and data interface is further configured for adapting the supplied power and data transmitted and/or received by the another functional unit to the another functional unit (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules, and can include a plug-in electrical connector 400 which connects to a complementary plug-in connector 500 to provide the power and data connections between modules to provide power and/or data to all the various electronic components therein; see Fig. 6; col. 4, lines 53-61; col. 10, lines 20-38).
Regarding claim 17, Galloppa discloses a functional pole module for use in the modular post according to claim 1 (modular luminaire assembly 100 comprises a supporting pole 110 on which is mounted a plurality of modules 120 including a first luminaire module 130, a second luminaire module 140, and a third luminaire module 150, which can each be represented by a generic module 200 in Fig. 3; see Figs. 1-8; Abstract; col. 4, lines 38-61).
Regarding claim 18, Galloppa discloses a modular post comprising a plurality of pole modules arranged one above the other along a central axis of the modular post, said plurality of pole modules comprising a functional pole module (modular luminaire assembly 100 comprises a supporting pole 110 on which is mounted a plurality of modules 120 including a first luminaire module 130, a second luminaire module 140, and a third luminaire module 150, which can each be represented by a generic module 200 in Fig. 3; see Figs. 1-8; Abstract; col. 4, lines 38-61), said functional pole module comprising a housing comprising a lower section, a middle section, and an upper section (the first luminaire module 130 comprises a first or upper portion 130a, a second or lower portion 130b, and a third or central portion 130c, with each of the other modules 140, 150 having similar sections; see Figs. 1-2; col. 4, lines 62-67; col. 5, lines 1-47; 54-59);); wherein the middle section comprises a support plate carrying a functional unit, said support plate delimiting a sealed compartment of the functional pole module (the modules can include a Wi-Fi transceiver module, a loudspeaker module, one or more camera modules, a video surveillance module, etc., and each module can have a casing formed by a first portion 210 and a second portion 220, each having a semi-circular cross-section connected together along first and second longitudinal seals 230, 240, which are held together by screws 250 which can be removed as needed to access the interior; see Fig. 3; col. 5, lines 17-25; col. 6, lines 37-53); and a cable gland provided to the support plate, wherein a cable passes from the functional unit to the sealed compartment via the cable gland (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules, and can include a plug-in electrical connector 400 which connects to a complementary plug-in connector 500 to provide the power and data connections between modules to provide power and/or data to all the various electronic components therein; see Fig. 6; col. 4, lines 53-61; col. 10, lines 20-38); wherein at least one of the lower section or the upper section comprises a coupling interface configured for mechanically coupling the functional pole module to another pole module of the plurality of pole modules located below or above along the central axis, respectively (module connectors 160, 170, and 180 are disposed between the upper and lower sections of adjacent modules 120 to connect the various modules to each other and to the supporting pole 110; see Figs. 1, 3-5; col. 4, lines 38-52; col. 5, lines 26-59; col. 6, lines 4-67; col. 7, lines 1-59).
Regarding claim 19, Galloppa discloses wherein the functional pole module further comprises a functional unit including a wireless communication means (any of the modules 120 can include a Wi-Fi transceiver module (not shown); see col. 5, lines 17-25).
Regarding claim 20, Galloppa discloses wherein the functional unit further comprises a power and data interface, said power and data interface configured for powering another functional unit of another functional pole module and for transmitting and/or receiving data to/from the other functional unit (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules, and can include a plug-in electrical connector 400 which connects to a complementary plug-in connector 500 to provide the power and data connections between modules to provide power and/or data to all the various electronic components therein; see Fig. 6; col. 4, lines 53-61; col. 10, lines 20-38); wherein preferably the other functional unit comprises any one of the following: a sensing means, a communicating means such as a Wi-Fi access point or a base unit, a Human-Interface Device, a signaling means, a processing means, or a camera unit (the modules can include a Wi-Fi transceiver module, a loudspeaker module, one or more camera modules, a video surveillance module, etc.; see col. 5, lines 17-25).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Galloppa (US 10,429,047) in view of Papoular (US 10,317,029, previously listed on the IDS filed 8/15/2025). The teachings of Galloppa have been discussed above.
However, the teachings of Galloppa fail to disclose or fairly suggest wherein the plurality of pole modules comprises a processing pole module, said processing pole module comprising a processing means configured to receive data from the other functional unit and to process said received data; and/or wherein the lower section of the functional pole module is provided with an interface at an end thereof, said interface being configured for engaging with a complementary interface, and is provided with one or more external or internal module connectors for connecting the complementary interfaces, and wherein preferably the processing pole module is arranged below the functional pole module and the other functional pole module, and the processing pole module has an upper section provided with an upper interface which is connected to the lower complementary interface of the functional pole module or of the other pole module, and a lower section with a lower interface which is connected to another lower pole module of the plurality of pole modules through one or more external or internal module connectors.
Papoular teaches a modular post, comprising a plurality of pole modules arranged one above the other along a central axis of the modular post, said plurality of poles comprising a functional pole module for receiving and/or transmitting signals (a luminaire 100 comprising a supporting pole 110 on which is mounted a plurality of modules 120, each module comprising a casing and effectively forming part of the supporting pole, the modules including a first luminaire module 130, a second luminaire module 140, and a third luminaire module 150; see Figs. 1-4; Abstract; col. 4, lines 63-67; col. 5, lines 1-22), said functional pole module comprising a housing comprising a lower section, a middle section, and an upper section (the first luminaire module 130 comprises a first or upper portion 130a, a second or lower portion 130b, and a third or central portion 130c, with each of the other modules 140, 150 having similar sections; see Figs. 1-2; col. 5, lines 23-40); and a functional unit comprising a wireless communication means (any of the modules can include a Wi-Fi transceiver module such as a communication unit 250; see Fig. 3; col. 5, lines 41-49; col. 7, lines 14-33, 59-67; col. 8, lines 7-45) and a power and data interface, said power and data interface configured for being connected to a power source and to the wireless communication means, for powering the wireless communication means, for powering another functional unit of another functional pole module, and for transmitting and/or receiving data to/from the other functional unit (each of the modules preferably comprises passageways (not shown) through which cabling such as coaxial cables can pass to adjacent modules via various electrical connectors between the modules to provide power and/or data to all the various electronic components therein; see col. 5, lines 13-22); wherein the plurality of pole modules comprises a processing pole module, said processing pole module comprising a processing means configured to receive data from the other functional unit and to process said received data (a system 200 located in one of the luminaire modules 120 can include a controller 230 which sends and receives various control signals to/from different components of the system to control the operation of the modular post 100; see Figs. 1-3; col. 7, lines 14-67; col. 8, lines 1-6); and/or wherein the lower section of the functional pole module is provided with an interface at an end thereof, said interface being configured for engaging with a complementary interface, and is provided with one or more external or internal module connectors for connecting the complementary interfaces (module connectors 160, 170, and 180 are disposed between the upper and lower sections of adjacent modules 120 to connect the various modules to each other and to the supporting pole 110; see Fig. 1; col. 4, lines 63-67; col. 5, lines 1-12), and wherein preferably the processing pole module is arranged below the functional pole module and the other functional pole module, and the processing pole module has an upper section provided with an upper interface which is connected to the lower complementary interface of the functional pole module or of the other pole module, and a lower section with a lower interface which is connected to another lower pole module of the plurality of pole modules through one or more external or internal module connectors (the system 200 can be provided in any of the modules 120 and can include a processor 230 which can be provided in a different module than the communications unit 250, and each of the modules includes a first or upper portion 130a, a second or lower portion 130b, and a third or central portion 130c, with each of the other modules 140, 150 having similar sections; see Figs. 1-3; col. 5, lines 23-40; col. 7, lines 14-67; col. 8, lines 1-6).
Therefore, in view of Papoular, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modular post of Galloppa by including in the plurality of pole modules a processing pole module, said processing pole module comprising a processing means configured to receive data from the other functional unit and to process said received data; and/or wherein the lower section of the functional pole module is provided with an interface at an end thereof, said interface being configured for engaging with a complementary interface, and is provided with one or more external or internal module connectors for connecting the complementary interfaces, and wherein preferably the processing pole module is arranged below the functional pole module and the other functional pole module, and the processing pole module has an upper section provided with an upper interface which is connected to the lower complementary interface of the functional pole module or of the other pole module, and a lower section with a lower interface which is connected to another lower pole module of the plurality of pole modules through one or more external or internal module connectors. One would have been motivated to modify the known modular post of Galloppa by including in the plurality of pole modules a processing pole module, said processing pole module comprising a processing means configured to receive data from the other functional unit and to process said received data; and/or wherein the lower section of the functional pole module is provided with an interface at an end thereof, said interface being configured for engaging with a complementary interface, and is provided with one or more external or internal module connectors for connecting the complementary interfaces, and wherein preferably the processing pole module is arranged below the functional pole module and the other functional pole module, and the processing pole module has an upper section provided with an upper interface which is connected to the lower complementary interface of the functional pole module or of the other pole module, and a lower section with a lower interface which is connected to another lower pole module of the plurality of pole modules through one or more external or internal module connectors, as taught by Papoular, in order to ensure the control signals can all be processed in one of the modules of the modular post rather than externally to the device.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Galloppa (US 10,429,047) in view of Chiang et al. (US 2018/0098379, hereinafter “Chiang”). The teachings of Galloppa have been discussed above.
However, the teachings of Galloppa fail to disclose or fairly suggest wherein the wireless communication means is powered by a Power-over-Ethernet, PoE, device having a power input receiving input power via a power line and having a PoE output connected to the wireless communication means.
Chiang teaches a modular post (intelligent street light 1; see Figs. 1-2C; Abstract; para. [0031]-[0047]) comprising a housing (lamppost 11 defines a housing structure; see Fig. 1; para. [0031]-[0034], [0037]); and a functional unit comprising a wireless communication means (data transmission system 100 which includes a data transmission unit 110 and wireless network devices 130 communicating with an antenna 14 at the top of the housing 11, as well as an external device 300 which can be an internet protocol (IP) device; see Figs. 1-2C; para. [0031]-[0047]), wherein the wireless communication means is powered by a Power-over-Ethernet, PoE, device having a power input receiving input power via a power line and having a PoE output connected to the wireless communication means (the wireless device 300 can be connected to a data exchange unit 120 which is a PoE switch unit connected to an RJ45 terminal to incorporate electricity transmission with data transmission such that the device 300 is entitled to electricity and data transmission service; see Figs. 1-2C; para. [0016], [0038]).
Therefore, in view of Chiang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modular post of Galloppa by powering the wireless communication means with a Power-over-Ethernet (PoE) device having a power input receiving input power via a power line and having a PoE output connected to the wireless communication means. One would have been motivated to modify the known modular post of Chiang by powering the wireless communication means with a Power-over-Ethernet (PoE) device having a power input receiving input power via a power line and having a PoE output connected to the wireless communication means, as taught by Chiang, in order to power the wireless communication means using conventional PoE technology which reduces the number of cables necessary to handle both power and data transmission.
Allowable Subject Matter
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 11, the Prior Art taken as a whole fails to specifically disclose or suggest, in combination, “The modular post according to claim 1, wherein the middle section further comprises a support plate and a tilting base for pivotally mounting the wireless communication means, such that the wireless communication means can be oriented in a plurality of directions with respect to the middle section, and wherein preferably the tilting base is pivotable around an axis substantially perpendicular to the central axis” (emphasis added).
Although modular posts are known, as evidenced by the Prior Art already of record, no Prior Art was found teaching individually, or suggesting in combination, all the features of Applicant’s invention, in particular the above limitations in combination with the remaining features of the claim, and there would be no motivation, absent the Applicant’s own disclosure, to modify the references in the manner distinctly and specifically called for in the combination as claimed in Claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lalos et al. (US 11,532,876), Bijl et al. (US 11,262,037), Adams (US 11,255,500), and Abbott et al. (US 2017/0122546) all disclose modular lamp posts comprising a plurality of pole modules arranged one above the other along a central axis of the modular post, said plurality of pole modules comprising a functional pole module for receiving and/or transmitting signals.
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/WILLIAM N HARRIS/Primary Examiner, Art Unit 2875