PATENT
`Customer No.: 6980
`Docket No.: STAT692
`
`PETITE, Thomas D.
`
`Examiner: PHAM, Toan Ngoc
`
`Serial No.: 12/477,329
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`Filed: 3 JUNE 2009
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`Confirmation No: 7199
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`Docket No.: STAT692
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In Re Application of:
`Group Art Unit: 2612
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`Title: SYSTEMS AND METHODS FOR
`MONITORING AND CONTROLLING
`REMOTE DEVICES
`
`In accordance with 37 C.P.R. § l.8, I certify that this
`correspondence is being transmitted to the Commissioner
`for Patents, MAIL STOP Amendment, P.O. Box 1450,
`Alexandria, VA 22313 via the USPTO's EFS-Web Electronic
`Filing System on 28 MAY 2010.
`
`ljameshuntyanceyjr53809/
`James Hunt Yancey, Jr., USPTO Reg. No. 53,809
`
`RESPONSE TO OFFICE ACTION
`
`Commissioner for Patents
`Mail Stop Amendment
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Honorable Sir:
`
`The 28 December 2009 Office Action from Examiner Pham of Art Unit 2612 has been
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`received and carefully reviewed. In response, Applicant submits this Response and respectfully
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`requests reconsideration of the claims in view of the following remarks. After careful analysis of
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`the Office Action, Applicant respectfully submits that the cited references do not anticipate,
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`teach, or suggest the currently claimed embodiments of the present invention, and as a result,
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`Applicant requests allowance of the pending claims. Early and favorable action is respectfully
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`requested.
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`Page 1 of 12
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`IN THE SPECIFICATION
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`Please amend the priority claim section on Page 1, Lines 5-25 as follows. This
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`amendment conforms the priority claim language as set forth in the Application's Filing Receipt
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`and the Application Data Sheet. As a result, no priority claim petition is believed needed.
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`This application is a continuation of copending U.S. patent application Ser. No.
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`12/337,739, entitled System and Method for Monitoring and Controlling Remote Devices and
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`filed on 18 December 2008; which is a continuation of U.S. Patent Application Number
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`11/395,685, entitled, "System and Method for Monitoring and Controlling Remote Devices,"
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`filed on Mar. 31,2006, issued as U.S. Pat. No. 7,468,661; which is a continuation of U.S. patent
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`application Ser. No. 101139,492, entitled, "System and Method for Monitoring and Controlling
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`Remote Devices," filed on May 6,2002 and now U.S. Pat. No. 7,053,767; which is a
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`continuation of U.S. patent application Ser. No. 09/439,059, filed on Nov. l~ [[I]], 1999 and
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`entitled "System and Method for Monitoring and Controlling Remote Devices," now U.S. Pat.
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`No. 6,437,692. U.S. Pat. No. 6,437,692 is a continuation-in-part of U.S. patent application Ser.
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`No. 09/271,517, filed Mar. 18, 1999 and entitled, "System for Monitoring Conditions in a
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`Residential Living Community", which is a continuation-in-part of U.S. patent application Ser.
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`No. 091102,178 filed Jun. 22, 1998 and entitled, "Multi-Function General Purpose Transceiver,"
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`now U.S. Pat. No. 6,430,268, which is a continuation-in-part of U.S. patent application Ser. No.
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`09/412,895, filed Oct. 5, 1999 and entitled, "System and Method for Monitoring the Light Level
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`Around an ATM," now U.S. Pat. No. 6,218,953; which is a continuation-in-part of U.S. patent
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`application Ser. No. 091172,554, filed Oct. 14, 1998 and entitled, "System for Monitoring the
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`Light Level Around an ATM," now U.S. Pat. No. 6,028,522; and further claims the benefit of
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`U.S. Provisional Application Ser. No. 601146,817, filed Aug. 2, 1999 and entitled, "System and
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`Method for Monitoring and Controlling Residential Devices." Each of the above identified
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`applications and patents are incorporated herein by reference in their entireties.
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`Page 2 of 12
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`Please amend the claims as follows.
`
`IN THE CLAIMS
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`l. (original) A system for remote data collection, assembly, storage, event detection and
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`reporting and control, comprising:
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`a computer configured to execute at least one computer program that formats and stores
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`select information for retrieval upon demand from a remotely located device, said computer
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`integrated with a wide area network (W AN);
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`a plurality of transceivers dispersed geographically at defined locations, each transceiver
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`electrically interfaced with a sensor and configured to receive select information and
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`identification information transmitted from another nearby wireless transceiver electrically
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`interfaced with a sensor in a predetermined signal type and further configured to wirelessly
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`retransmit in the predetermined signal type the select information, the identification information
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`associated with the nearby wireless transceiver, and transceiver identification information
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`associated with the transceiver making retransmission;
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`at least one gateway connected to the wide area network configured to receive and
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`translate the select information, the identification information associated with the nearby wireless
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`transceiver, and transceiver identification information associated with one or more retransmitting
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`transceivers, said gateway further configured to further transmit the translated information to the
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`computer over the WAN and wherein at least one of said plurality of transceivers is also
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`electrically interfaced with an actuator to control an actuated device.
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`2. (original) The system of claim 1, wherein the control of the actuation device by the actuator
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`corresponds to a sensed condition detected by the sensor electrically interfaced to the at least one
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`of said plurality of transceivers also electrically interfaced with the actuator.
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`3. (original) The system of claim 1, further comprising: a keypad electrically interfaced to one
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`or more of said plurality of transceivers configured to receive user input.
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`Page 3 of 12
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`4. (original) The system of claim 1, further comprising: a keypad electrically interfaced to one
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`or more of said plurality of transceivers configured to receive user input, wherein said user input
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`corresponds to instructions for the actuator to control the actuation device.
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`5. (original) The system of claim 1, wherein a command to control the actuated device by the
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`actuator may be received locally at the at least one of said plurality of transceivers also
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`electrically interfaced with the actuator or from a wireless transmission from another of the
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`plurality of transceivers dispersed geographically at defined locations.
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`6. (original) The system of claim 1, wherein the actuated device is a home appliance.
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`7. (original) The system of claim 6, wherein the home appliance is a home temperature control
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`system.
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`8. (original) A method for collecting information, providing data services, and controlling
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`remote systems, comprising:
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`adaptively configuring at least one transmitter electrically interfaced with a sensor and an
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`actuator wherein the transmitter generates an information signal consisting of a transmitter
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`identification code and an information field, wherein the information signal is received by
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`another nearby transmitter electrically interfaced with one or both of a sensor and an actuator and
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`repeated in the same signal type as received to additional transmitters each electrically interfaced
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`with one or both of a sensor and an actuator for communicating the information signal to a
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`gateway, the gateway providing access to a WAN;
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`translating the information signal within the gateway into a W AN compatible data
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`transfer protocol;
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`transferring the information signal via the W AN to a computer wherein the computer is
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`configured to manipulate and store data provided in the information signal; and granting client
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`access to the computer.
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`Page 4 of 12
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`9. (original) The method of claim 8, further comprising receiving a communication wirelessly
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`at the transmitter electrically interfaced with a sensor and an actuator from another nearby
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`transmitter an instruction to control the actuator.
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`10. (original) The method of claim 9, wherein the control of the actuator is either from a state of
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`on to off or from a state of off to on.
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`11. (original) The method of claim 9, wherein the control of the actuator causes the actuator to
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`operate at a changed level of operation.
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`12. (original) The method of claim 8, further comprising receiving user input on a keypad
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`electrically interfaced with the transmitter electrically interfaced with a sensor and an actuator,
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`wherein receipt of user input on the keypad causes actuation of the actuator.
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`l3. (new) In a system comprising a plurality of wireless devices configured for remote wireless
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`communication and comprising a device for monitoring and controlling remote devices, the
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`device comprising:
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`a transceiver having a unique identification code and being electrically interfaced with a
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`sensor, the transceiver being configured to receive select information and identification
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`information transmitted from another wireless transceiver in a predetermined signal type;
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`the transceiver being further configured to wirelessly retransmit in the predetermined
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`signal type the select information, the identification information associated with the nearby
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`wireless transceiver, and transceiver identification information associated with the transceiver
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`making retransmission; and
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`a data controller operatively coupled to the transceiver and the sensor, the data controller
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`configured to control the transceiver and receive data from the sensor, the data controller
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`configured to format a data packet for transmission via the transceiver, the data packet
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`comprising data representative of data sensed with the sensor.
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`Page 5 of 12
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`14. (new) The device of claim 13, wherein the data controller is configured to receive data
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`packets comprising control signals and in response to the control signals provide a control signal
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`to an actuator for implementation of a command.
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`15. (new) The device of claim 13, wherein the device is at least one of a thermostat, sized and
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`shaped to be worn/carried by a person, disposed within an automobile/vehicle, a utility meter, a
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`rain gauge, a mobile inventory unit and an irrigation control system.
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`16. (new) The device of claim 13, wherein the data controller is configured to receive data
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`packets comprising a function code, and in response to the function code, implement a function.
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`17. (new) The device of claim 13, wherein the data controller is configured to format data
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`packets for transmission via the transceiver, the data packets comprising a function code
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`corresponding to sensed data and the unique identification code that identifies the transceiver.
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`18. (new) The device of claim 13, further comprising a memory to store one or more function
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`codes corresponding to the device, the function codes corresponding to a number of functions the
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`data controller can implement.
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`19. (new) The device of claim 13, further comprising an actuator configured to receive
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`command data from the controller and in response implement the command.
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`20. (new) In a wireless system that includes remote devices for monitoring and controlling
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`remote devices having wireless communication devices, the system comprising a wireless
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`enabled thermostat device, the wireless enabled thermostat device comprising:
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`a transceiver having a unique identification code and being interfaced with a sensor, the
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`transceiver being configured to receive select information and identification information
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`transmitted from another wireless transceiver in a predetermined signal type;
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`the transceiver being further configured to wirelessly retransmit in the predetermined
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`signal type the select information, the identification information associated with the nearby
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`Page 6 of 12
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`wireless transceiver, and transceiver identification information associated with the transceiver
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`making retransmission; and
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`a controller operatively coupled to the transceiver and the sensor, the controller
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`configured to control transceiver operations and receive data from the sensor, the controller
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`configured to format data packets for transmission via the transceiver, the data packet comprising
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`data representative of data sensed with the sensor.
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`2l. (new) The wireless enabled thermostat device of claim 20, further comprising an actuator,
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`operatively coupled to the controller, the actuator configured to receive a command from the
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`controller and implement the command thereby adjusting a condition associated with
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`temperature.
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`22. (new) The wireless enabled thermostat device of claim 20, wherein the unique identification
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`code of the transceiver is electrically programmable.
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`23. (new) The wireless enabled thermostat device of claim 20, wherein the thermostat device is
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`coupled to a user device via a network and wherein the user device provides user control signals
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`responsive to user input, and wherein the transceiver receives the user control signals and the
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`controller implements control of temperature conditions based on the user control signals.
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`24. (new) The wireless enabled thermostat device of claim 20, further comprising a memory to
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`store one or more function codes corresponding to the thermostat device, the function codes
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`corresponding to a number of functions the data controller can implement.
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`25. (new) The wireless enabled thermostat device of claim 20, further comprising an actuator
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`configured to receive command data from the controller and in response implement the
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`command.
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`Page 7 of 12
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`26. (new) A wireless communication device capable of communicating with another wireless
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`communication device in a wireless network, the wireless communication device comprising:
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`a transceiver having a unique identification code and being interfaced with a sensor, the
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`transceiver being configured to receive information and identification information transmitted
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`from another wireless transceiver in a predetermined signal type;
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`a controller operatively coupled to the transceiver and the sensor, the controller
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`configured to control transceiver operations and receive data from the sensor, the controller
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`configured to format data packets for transmission via the transceiver with at least some data
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`packets comprising data representative of data sensed with the sensor; and
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`wherein the controller is configured to format some data packets by concatenating
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`received data packets with data packets formatted by the controller enabling the controller to
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`prepare data for transmission that includes repeated data and sensed data.
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`27. (new) The wireless communication device of claim 26, wherein the controller selects a
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`function code for inclusion into a data packet based on data sensed by the sensor.
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`28. (new) The wireless communication device of claim 26, wherein the transceiver has a
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`plurality of distinct predetermined function codes for inclusion into a data packet, and wherein
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`the predetermined function codes are unique to the transceiver.
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`29. (new) The wireless communication device of claim 26, wherein the transceiver has a
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`plurality of distinct predetermined function codes that are different from function codes
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`associated with another wireless communication device.
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`30. (new) The wire less communication device of claim 26, wherein the controller is configured
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`to receive control signals from a data packet and based on the control signals send instructions to
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`an actuator to implement a command.
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`Page 8 of 12
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`31. (new) A wireless communication system including wireless communication devices capable
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`of wireless communication, the wireless communication system comprising:
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`at least one wireless communication device comprising a transceiver, the transceiver
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`having a unique identification code and being interfaced with a sensor, the transceiver being
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`configured to receive select information and identification information transmitted from another
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`wireless transceiver in a predetermined signal type;
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`a controller operatively coupled to the transceiver and the sensor, the controller
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`configured to control transceiver operations and receive data from the sensor, the controller
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`configured to format data packets for transmission via the transceiver with at least some data
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`packets comprising data representative of data sensed with the sensor; and
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`wherein the controller is configured to receive control signals from a data packet and
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`based on the control signals send instructions to an actuator to implement a command.
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`32. (new) The wireless communication system of claim 31, further comprising at least one
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`gateway connected to a WAN configured to receive and translate the select information, the
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`identification information associated with the nearby wireless transceiver, and transceiver
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`identification information associated with one or more retransmitting transceivers, said gateway
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`further configured to further transmit the translated information to a computing device over the
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`WAN.
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`33. (new) The wireless communication system of claim 31, further comprising a computing
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`device configured to receive user input and based on user input, the computing device formatting
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`control signals, and wherein the controller is configured to receive the control signals via
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`wireless transmission and take action based on the control signals.
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`34. (new) The wireless communication system of claim 31, wherein the controller is configured
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`to provide one or more function codes in the data packet in response to data sensed by the sensor.
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`35. (new) The wireless communication system of claim 31, wherein the controller comprises a
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`memory containing a plurality of function codes specific to the sensor.
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`Page 9 of 12
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`REMARKS
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`In the Office Action, the Examiner rejects pending Claims 1-12. Applicant thanks the
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`Examiner with appreciation for the careful consideration and examination. No new matter is
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`believed introduced by this submission.
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`Applicant files this response solely to facilitate prosecution. As such, Applicant reserves
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`the right to pursue claims of broader or similar scope as originally filed in a continuation
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`application or other application after allowance of the present application. Applicant does not
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`concede that the current or past rejections are correct and reserves the right to challenge such
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`rejections later in prosecution or on appeal. Any amendment, argument, or claim cancellation is
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`not to be construed as abandonment or disclaimer of subject matter. Because certain of
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`Applicant's current amendments may include or be considered broadening amendments,
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`Applicant respectfully requests the Examiner to revisit any previously reviewed references cited
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`herein or in a parent case to further ensure that the currently pending claims are patentable over
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`any previously reviewed references. See MPEP §609 and § 2001.06(b).
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`After entry of this Response, Claims 1-30 are pending. Applicant respectfully asserts that
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`the pending claims are in condition for allowance and respectfully requests reconsideration of the
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`claims in light of the following remarks.
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`I.
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`Terminal Disclaimer Submission To Obviate Double Patenting Rejection
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`The Examiner rejects Claims 1-12 as allegedly being unpatentable under the judicially
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`created doctrine of double patenting due to certain claims in USPN 6,437,692. To facilitate
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`prosecution of the present application, Applicant submits a terminal disclaimer to overcome the
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`rejection. Withdrawal of the rejection is, therefore, respectfully requested.
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`By submitting the terminal disclaimer, Applicant does not concede that the Examiner's
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`rejection is properly based. Applicant submits the terminal disclaimers solely to advance
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`prosecution of the application. Applicant also respectfully asserts that the filing of the terminal
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`disclaimer does not act as an admission, acquiescence, or estoppel on the merits of obviousness(cid:173)
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`type double patenting rejection asserted by the Examiner.
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`On page 3 of the Office Action, the Examiner provides MPEP language regarding the
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`filing of the current application relative to USPN 6,437,692. Section 120 of the US Patent Laws
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`enables applicants to file continuation applications, such as the current patent application. The
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`Page 10 of 12
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`statute does not require applicants to give any reason for filing such follow-on filings. The
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`current application is a proper continuation filing made under 35 U.S.c. § 120.
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`II.
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`New Claims 13-35
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`Applicant files new Claims l3-35 in this submission. These claims are believed
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`patentable over the references of record. And these claims are properly supported by the
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`originally-filed specification as at least Figures 2-8 and Paragraphs 42-50,52-64, and 76-85 (of
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`US 200910243840) provide support. Favorable consideration is respectfully requested.
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`III.
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`IDS Submissions, USPNs 6,437,692/7,468,661, & US Application 12/337,739
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`Applicant filed an IDS submission on 12 February 2010 and will soon file another IDS
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`submission. As noted in the 12 February 2010 submission, a number of the cited references
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`surfaced in patent litigation and reexamination proceedings. Due to recent litigation activity,
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`Applicant will soon provide a new IDS. The newly cited items are from an ongoing litigation
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`matter involving USPN s 6,437,692 and 7,468,661, both of which are parent patents to the current
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`application. The litigation matter is pending in Eastern District of Texas (Civil Action Number
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`6:09-cv-00532) and as additional items surface that warrant submission to the Examiner,
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`Applicant will do so. Applicant invites the Examiner to also monitor the Court proceedings via
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`the PACER database.
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`Applicant apprised the Examiner about US App No. 12/337,739 in the 12 February 2010
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`IDS submission. Claims 1-12 of the present application match and are identical to Claims 1-12
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`of US App No. 12/337,739. The claims were copied when filing the current application. It is
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`believed that US App No. 12/337,739 will eventually be abandoned, but as of today' s filing, and
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`to the best of the undersigned's knowledge, it remains pending.
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`As noted, the present application is related to a number of parent applications that have
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`matured into a number of patents. See 19 June 2009 Filing Receipt. In accordance with MPEP §
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`2001.06(b), Applicant respectfully requests the Examiner to: (a) indicate in the next Office
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`Action whether the references cited in the parent applications have been reviewed and (b) make
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`the references submitted in the parent applications of record in the present Application so that the
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`present prosecution record is clear that the Examiner has reviewed these references. See also
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`Page 11 of 12
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`MPEP § 609.02 ("The examiner of the continuing application will consider information which
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`has been considered by the Office in the parent application.")
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`Applicant acknowledges that a number of items have been cited in the IDS Submissions.
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`This is done out of an abundance of caution and to comply with 37 C.P.R. § 1.56, Applicant
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`provides these materials to the Examiner. See MPEP § 2004 (Consideration Number 10) (citing
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`LaBounty Mfg., Inc. v. U.S. lTC, 958 P.2d 1066, 1076 (Fed. Cir. 1992) ("Close cases should be
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`resolved by disclosure, not unilaterally by the applicant.")). Applicant follows this USPTO
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`recommendation by providing the present submission to the Examiner.
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`IV.
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`Fees & Express Two-Month Extension Pursuant to 37 C.F.R. § 1.136
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`Applicant files this Response within five months of the Office Action with additional
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`claims. The Commissioner is authorized to charge the extra claims fees, extension fee, and any
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`other fees that may be required, or credit any overpayment, to Deposit Account No. 20-1507 for
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`full acceptance of this submission and to keep the Application pending. All fees should be
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`charged at the large entity rate.
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`V.
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`Conclusion
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`This Response is believed to be a complete response to the Office Action. Applicant
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`respectfully asserts that the pending claims are allowable and requests passing of this case in due
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`course of patent office business. If the Examiner believes there are other issues that can be
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`resolved by a telephone interview, or there are any informalities remaining in the application that
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`may be corrected by an Examiner's amendment, a telephone call to Hunter Yancey at (404) 885-
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`3696 is respectfully requested. Early and favorable action is respectfully requested.
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`Respectfully submitted,
`TROUTMAN SANDERS LLP
`Ij ameshuntyanceyjr538 091
`J ames Hunt "Hunter" Yancey, Jr.
`USPTO Registration No. 53,809
`
`TROUTMAN SANDERS LLP
`5200 Bank of America Plaza
`600 Peachtree Street, NE
`Atlanta, Georgia 30308-2216
`P: 404-885-3696
`DATE: 28 MAY 2010
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`Page 12 of 12
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