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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/979,434
`
`09/09/2020
`
`Yoshishige YOSHIKAWA
`
`070469- 1032
`
`7620
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`CHOUDHURY,FAISAL
`
`2478
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/02/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1,3-11 and 13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1,3-11 and 13 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 9/9/2020 is/are: a)) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)Z) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)X) All
`1.2 Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 5/7/2021;9/9/2020.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220427
`
`Application No.
`Applicant(s)
`16/979,434
`YOSHIKAWAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`FAISAL CHOUDHURY
`2478
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 5/7/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`1.
`
`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 effectivefiling date of the claimed invention.
`
`2.
`
`Claims 1 and 3-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S.
`
`Publication No, US 2012/0042066 to Chatterjee et al. (hereinafter Chatterjee).
`
`As to claims 1 and 13, Chatterjee discloses an appliance management system, comprising:
`
`an appliance (Chatterjee; Fig.1:200);
`
`a server that manages the appliance, the server being connectable to the appliance via a
`
`plurality of networks that differ from each other (Chatterjee; Fig.1; backend server 600 and [0021]
`
`discloses one or moreof the client applications 200 may connect to a remote back-end server 600(e.g.,
`
`a customer server) having one or more data centers 610 and 620. In this example, the client applications
`
`200 may connect to a primary data center 610 of server 600, over either of the available networks 300
`
`or 400. The backend server 600 connects via networks 300,400 to the client apps 200 in Fig.1); and
`
`a selection device provided in a communication channel that connects the server and each of
`
`the plurality of networks (Chatterjee; Fig.1 shows selection device 100 is connectedto plurality of
`
`networks 300 and 400 and sever 600), wherein
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`the selection device
`
`Page 3
`
`selects, from the plurality of networks, one network to be used for communication between the
`
`appliance and the server based on a comparison of communication-related properties of the plurality of
`
`networks, (Chatterjee; [0022]-[0024]) and
`
`causes the appliance and the server to communicate via the one network selected (Chatterjee;
`
`[0022]-[0024])
`
`As to claim 3, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Chatterjee discloses, wherein
`
`in a case where the plurality of networks include a first network that partially includes a short-
`
`distance wireless communication link to be established by the appliance, the selection device selects the
`
`first network as the one network (Chatterjee; [0020] discloses Wi-Fi network corresponds to short
`
`distance network).
`
`As to claim 4, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Chatterjee discloses wherein
`
`in a case where the plurality of networks include a second network that is a network for long-
`
`distance wireless communication having a communication speed higher than a predetermined
`
`communication speed and a third network that is a network for long-distance wireless communication
`
`having a communication speed lower than the communication speed of the second network
`
`(Chatterjee; Abstract; [0022]; [0054]-[0057]),
`
`the selection device
`
`(a) selects the second network as the one network when an amountof data to be
`
`communicatedis greater than a first threshold (Chatterjee; Abstract; [0054]-[0057]), and
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 4
`
`(b) selects the third network as the one network when the amountof data to be communicated
`
`is less than or equal to the first threshold (Chatterjee; [Abstract; 0054]-[0057]).
`
`As to claim 5S, the rejection of claim 4 as listed above is incorporated herein. In addition
`
`Chatterjee discloses wherein
`
`the selection device further acquires cost information indicating a cost required for
`
`communication carried out via the second networkand sets the first threshold to a higher value for
`
`higher values of the cost indicated by the cost information acquired (Chatterjee; Abstract; [0031];
`
`[0041]).
`
`As to claim 6, the rejection of claim 1 as listed aboveis incorporated herein. In addition,
`
`Chatterjee discloses wherein in a case wherethe plurality of networks include a second networkthatis a
`
`networkfor long-distance wireless communication having a communication speed higher than a
`
`predetermined communication speed and a third network that is a network for long-distance wireless
`
`communication having a communication speed lower than the communication speed of the second
`
`network (Chatterjee; [Abstract; 0054]-[0057]).,
`
`the selection device
`
`(a) selects the second network as the one network when a time required for communication is
`
`greater than a second threshold (Chatterjee; [Abstract; 0054]-[0057]), and
`
`(b) selects the third network as the one network when the time required for the communication
`
`is less than or equal to the second threshold (Chatterjee; [Abstract; 0054]-[0057)).
`
`As to claim 7, the rejection of claim 6 as listed aboveis incorporated herein. In addition,
`
`Chatterjee discloses wherein
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 5
`
`the selection device further acquires cost information indicating a cost required for
`
`communication carried out via the second network and sets the second threshold to a higher value for
`
`higher values of the cost indicated by the cost information acquired (Chatterjee; Abstract; [0031];
`
`[0041]).
`
`As to claims 8, Chatterjee discloses an appliance management system, comprising:
`
`an appliance (Chatterjee; Fig.1:200);
`
`a server that manages the appliance, the server being connectable to the appliance via a
`
`plurality of networks that differ from each other (Chatterjee; Fig.1; backend server 600 and [0021]
`
`discloses one or moreof the client applications 200 may connect to a remote back-end server 600(e.g.,
`
`a customer server) having one or more data centers 610 and 620. In this example, the client applications
`
`200 may connect to a primary data center 610 of server 600, over either of the available networks 300
`
`or 400. The backend server 600 connects via networks 300,400 to the client apps 200 in Fig.1); and
`
`a selection device provided in a communication channel that connects the server and each of
`
`one or more networksof the plurality of networks (Chatterjee; Fig.1 shows selection device 100is
`
`connectedto plurality of networks 300 and 400 and sever 600), wherein
`
`the plurality of networks include a plurality of long-distance wireless communication networks
`
`(Chatterjee; [0022] discloses wide area network corresponds to long distance wireless communication
`
`networks), and
`
`the selection device
`
`is provided in a communication channel that connects the server and each of the plurality of
`
`long-distance wireless communication networks (Chatterjee; Fig.1; [0022]-[0024]),
`
`selects the one network based on a comparison of communication-related properties of the
`
`plurality of long-distance wireless communication networks (Chatterjee; Fig.1; [0022]-[0024]), and
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 6
`
`causes the appliance and the server to communicate via the one network selected (Chatterjee;
`
`Fig.1; [0022]-[0024]).
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and
`
`103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for
`
`the rejection will not be considered a new ground ofrejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same under either status.
`
`2.
`
`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 ofthis title, 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 ordinaryskill in the art to
`which the claimed invention pertains. Patentability shall not be negated by the manner in which the
`invention was made.
`
`3.
`
`Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No,
`
`US 2012/0042066to Chatterjee et al. (hereinafter Chatterjee) in view of U.S. Pre-Grant Publication US
`
`2017/0353846 to Ogawaetal. (hereinafter Ogawa)
`
`As to claims9, Chatterjee discloses an appliance management system, comprising:
`
`an appliance (Chatterjee; Fig.1:200);
`
`a server that manages the appliance, the server being connectable to the appliance via a
`
`plurality of networks that differ from each other (Chatterjee; Fig.1; backend server 600 and [0021]
`
`discloses one or moreof the client applications 200 may connect to a remote back-end server 600(e.g.,
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 7
`
`a customer server) having one or more data centers 610 and 620. In this example, the client applications
`
`200 may connect to a primary data center 610 of server 600, over either of the available networks 300
`
`or 400. The backend server 600 connects via networks 300,400 to the client apps 200 in Fig.1); and
`
`a selection device provided in a communication channel that connects the server and each of
`
`one or more networksof the plurality of networks (Chatterjee; Fig.1 shows selection device 100is
`
`connectedto plurality of networks 300 and 400 and sever 600), wherein
`
`the plurality of networks include a first network that partially includes a short-distance wireless
`
`communication link to be established by the appliance and one or more long-distance wireless
`
`communication networks (Chatterjee; [0021] discloses wider area network corresponds to long distance
`
`wireless communication networks),
`
`the selection device
`
`is provided only in a communication channel that connects the server and each of the one or
`
`more long-distance wireless communication networks,
`
`selects, from the plurality of networks, one network to be used for communication between the
`
`appliance and the server based on a comparison of communication-related properties of the plurality of
`
`networks (Chatterjee; Fig.1; [0022]-[0024]), and
`
`causes the appliance and the server to communicate via the one network selected, the server
`
`transmits a line disconnecting signal to the selection device (Chatterjee; Fig.1; [0022]-[0024]),
`
`Chatterjee discloses a short distance and short distance communication, butfails to disclose of
`
`disconnecting one of the communication based on the received signal. However, Ogawadiscloses
`
`in responseto receiving the line disconnecting signal, the selection device disconnects a
`
`connection between the server and each of the one or more long-distance wireless communication
`
`networks (Ogawa; [0033] discloses of disconnecting long-distance wireless communication based on the
`
`received signal).
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 8
`
`It is obvious for a person of ordinary skilled in the art to combine the teachings before the
`
`effective filing date of the invention. One would be motivated to combine the teachings in order to use
`
`the limited resources in an effective way.
`
`4.
`
`Claims 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication
`
`No, US 2012/0042066to Chatterjee et al. (hereinafter Chatterjee) in view of U.S. Pre-Grant
`
`Publication US 2018/0245395 to Hugginsetal. (hereinafter Huggins)
`
`As to claims 10, Chatterjee discloses
`
`a networkthat partially includes a Wi-Fi communication link, as a network that partially includes
`
`a short-distance wireless communication link to be established by the appliance (Chatterjee; [0020]).
`
`Chatterjee discloses a short distance and short distance communication, butfails to disclose
`
`carrier based low power wide area and non-carrier based low power wide area, However, Huggins
`
`discloses wherein
`
`the plurality of networks include:
`
`a carrier-based Low Power Wide Area (LPWA) network and a non-carrier-based LPWA network,
`
`as long-distance wireless communication networks (Huggins; [0038]; [0041] discloses low power long
`
`range and low power wide area network corresponds to a carrier-based Low Power Wide Area (LPWA)
`
`network and a non-carrier-based LPWA network);
`
`It is obvious for a person of ordinary skilled in the art to combine the teachings before the
`
`effective filing date of the invention. One would be motivated to combine the teachings in order to
`
`communicate with different communication protocol and thus provide a QoS.
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 9
`
`As to claims 11, Chatterjee discloses an appliance, comprising:
`
`a plurality of communication modulesthat wirelessly connect the appliance to a server
`
`managing the appliancevia a plurality of networks that differ from each other (Chatterjee; Fig.1;
`
`backend server 600 and [0021] discloses one or more of the client applications 200 may connect to a
`
`remote back-end server 600 (e.g., a customer server) having one or moredata centers 610 and 620. In
`
`this example, the client applications 200 may connect to a primary data center 610 of server 600, over
`
`either of the available networks 300 or 400. The backend server 600 connects via networks 300,400 to
`
`the client apps 200in Fig.1); and
`
`a controller that controls an operation of the appliance based on control information received
`
`from the server via the plurality of communication modules (Chatterjee; Fig.1; backend server 600 and
`
`[0021] discloses one or moreofthe client applications 200 may connectto a remote back-end server
`
`600 (e.g., a customer server) having one or more data centers 610 and 620.In this example, the client
`
`applications 200 may connect to a primary data center 610 of server 600, over either of the available
`
`networks 300 or 400. The backend server 600 connects via networks 300,400 to the client apps 200 in
`
`Fig.1)
`
`Chatterjee discloses a short distance and short distance communication, butfails to disclose
`
`carrier based low power wide area and non-carrier based low power wide area, However, Huggins
`
`discloses wherein
`
`wherein the plurality of communication modules include a communication module for carrier-
`
`based Low Power Wide Area (LPWA), a communication module for non-carrier-based LPWA, and a
`
`communication module for Wi-Fi (Huggins; [0038]; [0041] discloses low power long range and low
`
`power wide area network corresponds to a carrier-based Low Power Wide Area (LPWA) network and a
`
`non-carrier-based LPWA network. [0035] discloses Wi-Fi communication)
`
`

`

`Application/Control Number: 16/979,434
`Art Unit: 2478
`
`Page 10
`
`It is obvious for a person of ordinary skilled in the art to combine the teachings before the
`
`effective filing date of the invention. One would be motivated to combine the teachings in order to
`
`communicate with different communication protocol and thus provide a QoS.
`
`Conclusion
`
`1.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to FAISAL CHOUDHURYwhosetelephone number is (571)270-3001. The examiner
`
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`
`/FAISAL CHOUDHURY/
`Primary Examiner, Art Unit 2478
`
`