Patent Application 18688784 - Internet of things system

Title: Internet of things system

Application Information

Invention Title: Internet of things system
Application Number: 18688784
Submission Date: 2025-05-12T00:00:00.000Z
Effective Filing Date: 2024-03-03T00:00:00.000Z
Filing Date: 2024-09-27T00:00:00.000Z
Examiner Employee Number: 74625
Art Unit: 2457
Tech Center: 2400

Rejection Summary

102 Rejections: 1
103 Rejections: 0

Cited Patents

The following patents were cited in the rejection:

US 0198641🔗

Office Action Text

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 .
This office action is responsive to communication filed on 02/05/2025.

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.
Claim 55 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 38 and 39 of copending Application No. 18/106,497. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 38 and 39 claim all the limitations of claim 55.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.

Instant Application 18/688,784
Claim 55.
An IOT network node system, comprising:
a plurality of IOT network nodes, each node including at least one CPU, memory, firmware, an operating system and I/O for communicating with other nodes;

wherein a first Multimode Data Transmission Unit (MDTU) is one of the plurality of IOT network nodes;

a plurality of first MDTU sensors, wherein the plurality of first MDTU sensors are configured to provide sensor data to the first MDTU;
wherein the first MDTU is configured to transmit the sensor data from the plurality of first MDTU sensors to at least one other node of the IOT network node system; and
wherein the first MDTU is further configured to split a data stream from a certain sensor into different data streams and transmit the different data streams along different communication paths in conjunction with one or more of: application requirements; distance between IOT network nodes; power consumption; quality of service for a communication protocol or application; data flow rate; a bandwidth; a payload form; delay of the data path; failure information of the IOT network node; a connection failure or disconnection of data connections between IOT network nodes; decision processing related with improving spectral efficiency, resource utilization, and/or real-time capability.

Co-pending Application 18/106,497
Claims 38-39, 41, and 45-46.
A system of an Internet of Things (IOT) network, comprising:
a plurality of IOT network nodes, each node comprising at least one processor, memory, firmware, an operating system, I/O for communicating with other nodes; and
a cloud controller;
wherein a first MDTU (Multimode Data Transmit Unit) is one of said plurality of IOT network nodes and includes a transceiver configured to receive data from different sensors based on transmission modes or protocols;
wherein said first MDTU is configured to receive the sensor data from the sensor;
wherein the transceiver of said first MDTU is configured to retransmit the sensor data to at least one of the other nodes of the IOT network;

wherein said first MDTU is configured to split a stream of data originating from one sensor into distinct streams and to transmit the distinct streams of data along different communication paths;
wherein said cloud controller is configured to communicate policies and/or tasks to transmit said plurality of IOT network nodes;
wherein said cloud controller is configured to determine the policies and/or tasks to transmit to said plurality of IOT network nodes based at least in part upon data received by said cloud controller from said plurality of IOT network nodes;
wherein said cloud controller is configured to execute periodic triggers, application layer triggers, and/or device awareness triggers; and
wherein said cloud controller is configured to execute the device awareness triggers when said cloud controller finds no application layer trigger.
41. (Amended) The system of claim 38, wherein said cloud controller is programmed to determine and communicate the policies and/or tasks to said plurality of IOT network nodes that improve at least one of spectral efficiency, resource utilization rate, and real-time ability.
45. (Previously Presented) The system of claim 38, wherein said first MDTU is configured to employ an algorithm for one or more of: latency, power consumption, modulation scheme, coding scheme, transmission cycle, or bandwidth to determine a communication path for the sensor data.
46. (Amended) The system of claim 38, wherein said first MDTU stores latency and bandwidth limits of the different communication paths in the IOT network and determines which of the different communication paths to send at least one of the distinct streams based upon one of the stored latency and bandwidth limits.

Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –

(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.

Claims 55 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gilani et al (US 2018/0198641; hereinafter Gilani).
Regarding claim 55, Gilani discloses an IOT network node system, comprising:
a plurality of IOT network nodes (paragraphs [0021 - 0024), each node including at least one CPU, memory, firmware, an operating system and I/O for communicating with other nodes (paragraph [0018]);
wherein a first Multimode Data Transmission Unit (MDTU) is one of the plurality of IOT network nodes (paragraphs [0015, [0019], [0021], [0023 – 0024, [0026]);
a plurality of first MDTU sensors, wherein the plurality of first MDTU sensors are configured to provide sensor data to the first MDTU (paragraphs [0015, [0019], [0021], [0023 – 0024, [0026]);
wherein the first MDTU is configured to transmit the sensor data from the plurality of first MDTU sensors to at least one other node of the IOT network node system (paragraphs [0015, [0019], [0021], [0023 – 0024, [0026]); and
wherein the first MDTU is further configured to split a data stream from a certain sensor into different data streams and transmit the different data streams along different communication paths (paragraph [0021]; Gilani discloses that It may define and combine multiple wired and wireless data pipes to create the bonded VPN communication, and data is split into multiple data packets and sent over these multiple data pipes simultaneously) in conjunction with one or more of:
application requirements; distance between IOT network nodes; power consumption; quality of service for a communication protocol or application; data flow rate; a bandwidth; a payload form; delay of the data path; failure information of the IOT network node; a connection failure or disconnection of data connections between IOT network nodes; decision processing related with improving spectral efficiency, resource utilization, and/or real-time capability (paragraphs [0014 - 0016]; Gilani discloses that there are multiple paths of data bandwidth available at many locations. However, conventional devices and applications can only actively utilize one data bandwidth at any point in time. There are existing solutions that offer primary and backup connectivity in the event of failure of the primary network).

Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVES DALENCOURT whose telephone number is (571)272-3998. The examiner can normally be reached M-F 8AM-5:30PM.
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/YVES DALENCOURT/Primary Examiner, Art Unit 2457