UNITED STA TES p A TENT AND TRADEMARK OFFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria., Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/303,458
`
`12/16/2005
`
`David M. Doolin
`
`010030-000910US
`
`6302
`
`12/17/2008
`7590
`37490
`Trellis Intellectual Property Law Group, PC
`1900 EMBARCADERO ROAD
`SUITE 109
`PALO ALTO, CA 94303
`
`EXAMINER
`
`LU,SHIRLEY
`
`ART UNIT
`
`PAPER NUMBER
`
`2612
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/17/2008
`
`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):
`megan@trellislaw.com
`j ack@trellislaw.com
`docket@trellislaw.com
`
`PTOL-90A (Rev. 04/07)
`
`Motorola Solutions, Inc., Ex1010, p. 1
`
`

`

`Application No.
`
`Applicant(s)
`
`Notice of Abandonment
`
`11/303,458
`Examiner
`
`DOOLIN ET AL.
`Art Unit
`
`2612
`SHIRLEY LU
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`
`This application is abandoned in view of:
`
`1. ~ Applicant's failure to timely file a proper reply to the Office letter mailed on 08 Mav 2008.
`(a) DA reply was received on __ (with a Certificate of Mailing or Transmission dated __ ), which is after the expiration of the
`period for reply (including a total extension of time of __ month(s)) which expired on __ .
`(b) DA proposed reply was received on __ , but it does not constitute a proper reply under 37 CFR 1.113 (a) to the final rejection.
`
`(A proper reply under 37 CFR 1.113 to a final rejection consists only of: (1) a timely filed amendment which places the
`application in condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for
`Continued Examination (RCE) in compliance with 37 CFR 1.114).
`(c) DA reply was received on __ but it does not constitute a proper reply, or a bona fide attempt at a proper reply, to the non(cid:173)
`final rejection. See 37 CFR 1.85(a) and 1.111. (See explanation in box 7 below).
`
`(d) ~ No reply has been received.
`
`2. D Applicant's failure to timely pay the required issue fee and publication fee, if applicable, within the statutory period of three months
`from the mailing date of the Notice of Allowance (PTOL-85).
`(a) D The issue fee and publication fee, if applicable, was received on __ (with a Certificate of Mailing or Transmission dated
`__ ), which is after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of
`Allowance (PTOL-85).
`(b) D The submitted fee of$ __ is insufficient. A balance of$ __ is due.
`
`The issue fee required by 37 CFR 1.18 is$ __ . The publication fee, if required by 37 CFR 1.18(d), is$ __ .
`
`(c) D The issue fee and publication fee, if applicable, has not been received.
`
`3.0 Applicant's failure to timely file corrected drawings as required by, and within the three-month period set in, the Notice of
`Allowability (PTO-37).
`(a) D Proposed corrected drawings were received on __ (with a Certificate of Mailing or Transmission dated __ ), which is
`after the expiration of the period for reply.
`
`(b) D No corrected drawings have been received.
`
`4. D The letter of express abandonment which is signed by the attorney or agent of record, the assignee of the entire interest, or all of
`the applicants.
`
`5. D The letter of express abandonment which is signed by an attorney or agent (acting in a representative capacity under 37 CFR
`1.34(a)) upon the filing of a continuing application.
`
`6. D The decision by the Board of Patent Appeals and Interference rendered on __ and because the period for seeking court review
`of the decision has expired and there are no allowed claims.
`
`7. ~ The reason(s) below:
`
`A timely reply has not been received.
`
`/Daniel Wu/
`Supervisory Patent Examiner, Art Unit 2612
`
`Petitions to revive under 37 CFR 1.137(a) or (b ), or requests to withdraw the holding of abandonment under 37 CFR 1.181, should be promptly filed to
`minimize anv neqative effects on patent term.
`U.S. Patent and Trademark Office
`PT0L-1432 (Rev. 04-01)
`
`Notice of Abandonment
`
`Part of Paper No. 20081209
`
`Motorola Solutions, Inc., Ex1010, p. 2
`
`

`

`UNITED STA TES p A TENT AND TRADEMARK OFFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria., Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/303,458
`
`12/16/2005
`
`David M. Doolin
`
`010030-000910US
`
`6302
`
`05/08/2008
`7590
`37490
`Trellis Intellectual Property Law Group, PC
`1900 EMBARCADERO ROAD
`SUITE 109
`PALO ALTO, CA 94303
`
`EXAMINER
`
`LU,SHIRLEY
`
`ART UNIT
`
`PAPER NUMBER
`
`2612
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/08/2008
`
`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):
`megan@trellislaw.com
`j ack@trellislaw.com
`docket@trellislaw.com
`
`PTOL-90A (Rev. 04/07)
`
`Motorola Solutions, Inc., Ex1010, p. 3
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`11/303,458
`
`Examiner
`
`DOOLIN ET AL.
`
`Art Unit
`
`2612
`SHIRLEY LU
`I
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;l_ MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from 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) MONTHS from 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)1Zl Responsive to communication(s) filed on 12116/05.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)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 Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)[8J Claim(s) 1-10 and 46-49 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8J Claim(s) 1-10 and 46-49 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O 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).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17 .2(a)).
`*Seethe attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) [8J Notice of References Cited (PTO-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) [8J Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 12/16/05 11/27/06.
`
`4) 0 Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20080422
`
`Motorola Solutions, Inc., Ex1010, p. 4
`
`

`

`Application/Control Number: 11/303,458
`Art Unit: 2612
`
`Page 2
`
`Election Restrictions
`
`During a telephone conversation with Charles Kulas on 4/22/08 a provisional
`
`election was made without traverse to prosecute the invention of I, claims1-10, 46-49.
`
`Affirmation of this election must be made by applicant in replying to this Office action.
`
`Claims 11-45 are withdrawn from further consideration by the examiner, 37
`
`CFR 1.142(b ), as being drawn to a non-elected invention.
`
`Restriction to one of the following inventions is required under 35 U .S.C. 121:
`
`I.
`
`Claims 1-10, 46-49, drawn to a system for monitoring a fire comprising a
`
`plurality of devices, classified in class 340, subclass 870.05.
`
`II.
`
`Claims 11-16, 41-45, drawn to a method comprising dispersing several
`
`self-networking nodes in a region, classified in class 340, subclass 539.22.
`
`Ill.
`
`Claims 17-40, drawn to selectively controlling the sensor network,
`
`classified in class 348, subclass 153.
`
`The inventions are distinct, each from the other because of the following reasons:
`
`Inventions I and II are related as combination and subcombination. Inventions in
`
`this relationship are distinct if it can be shown that (1) the combination as claimed does
`
`not require the particulars of the subcombination as claimed for patentability, and (2)
`
`that the subcombination has utility by itself or in other combinations (MPEP §
`
`806.05(c)). In the instant case, the combination as claimed does not require the
`
`particulars of the subcombination as claimed because of both reasons. The
`
`subcombination has separate utility such as monitoring a fire.
`
`Motorola Solutions, Inc., Ex1010, p. 5
`
`

`

`Application/Control Number: 11/303,458
`Art Unit: 2612
`
`Page 3
`
`Because these inventions are independent or distinct for the reasons given
`
`above and there would be a serious burden on the examiner if restriction is not required
`
`because the inventions require a different field of search (see MPEP § 808.02),
`
`restriction for examination purposes as indicated is proper.
`
`Because these inventions are independent or distinct for the reasons given
`
`above and there would be a serious burden on the examiner if restriction is not required
`
`because the inventions have acquired a separate status in the art due to their
`
`recognized divergent subject matter, restriction for examination purposes as indicated is
`
`proper.
`
`Claim(s) 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 -
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`1. Claim(s) 1-2, 4-6, 10 is/are rejected under 35 U.5.C. 102(b) as being
`
`anticipated by Brogi (5734335).
`
`As to claim(s) 1, 6, Brogi discloses:
`
`A system for monitoring a plurality of mobile objects, the system comprising:
`
`a plurality of devices coupled to the mobile objects, wherein each device includes a
`
`plurality of sensors, wherein the sensors include environmental sensors ([4, 26-44]);
`
`Motorola Solutions, Inc., Ex1010, p. 6
`
`

`

`Application/Control Number: 11/303,458
`Art Unit: 2612
`
`Page 4
`
`a base station for communicating with the devices; a processing system for receiving
`
`data from the sensors via the base station ([4, 1-15]);
`
`a process executing on one or more of the devices for organizing a flow of data from
`
`the devices to the base station after deployment of the devices ([4, 45-65]; [4, 1-15]).
`
`As to claim(s) 2, Brogi discloses:
`
`first means for pre-deploying the devices in an area ([4, 65 et seq.]).
`
`As to claim(s) 4, 5, 10, Brogi discloses:
`
`further including first means for modifying data collection priorities according to data
`
`type, data collection rate, and/or values of data collected.
`
`Claim Rejections - 35 USC§ 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`2. Claim(s) 3, 7-9 is/are rejected under 35 U.5.C. 103(a) as being
`
`unpatentable over Brogi (5734335) in view of Schmidt (7005980).
`
`As to claim(s) 3,
`
`Brogi does not expressly teach the first means further includes: second means
`
`for deploying the devices during a fire event.
`
`Schmidt discloses the first means further includes: second means for deploying
`
`the devices during a fire event ([3, 21-30]).
`
`Motorola Solutions, Inc., Ex1010, p. 7
`
`

`

`Application/Control Number: 11/303,458
`Art Unit: 2612
`
`Page 5
`
`It would have been obvious to one of ordinary skill in the art to modify the above
`
`art/combination to teach the first means further includes: second means for deploying
`
`the devices during a fire event, so as to provide additional environmental conditions,
`
`and to provide conditions of a firefighter.
`
`As to claim(s) 7, 8,
`
`Brogi does not expressly teach a mobile object includes a person or vehicle; the
`
`plurality of sensors include one or more sensors for measuring biological information of
`
`the user.
`
`Schmidt discloses a mobile object includes a person or vehicle; the plurality of
`
`sensors include one or more sensors for measuring biological information of the user
`
`([3, 21-30]).
`
`It would have been obvious to one of ordinary skill in the art to modify the above
`
`art/combination to teach a mobile object includes a person or vehicle; the plurality of
`
`sensors include one or more sensors for measuring biological information of the user,
`
`so as to provide additional environmental conditions, and to provide conditions of a
`
`firefighter.
`
`As to claim(s) 9,
`
`Brogi does not expressly teach the base station is mobile.
`
`Schmidt discloses the base station is mobile ([5, 26-49]).
`
`It would have been obvious to one of ordinary skill in the art to modify the above
`
`art/combination to teach the base station is mobile, so as to provide environmental
`
`conditions, and conditions of a firefighter to other rescuers.
`
`Motorola Solutions, Inc., Ex1010, p. 8
`
`

`

`Application/Control Number: 11/303,458
`Art Unit: 2612
`
`Page 6
`
`3. Claim(s) 46-49 is/are rejected under 35 U.5.C. 103(a) as being
`
`unpatentable over Brogi (5734335) in view of Sheahan (4459582).
`
`As to claim(s) 46, Brogi discloses:
`
`A system for monitoring a fire, the system comprising:
`
`a plurality of devices, each with a plurality of sensors (see claim 1 ),
`
`a base station for communicating with the devices; and a processing system for
`
`receiving data from the sensors via the base station (see claim 1 ),
`
`The above art/combination above does not expressly teach wherein a priority is
`
`assigned to two or more sensors; wherein the data is received from the sensors
`
`according to the priority
`
`Sheahan discloses wherein a priority is assigned to two or more sensors;
`
`wherein the data is received from the sensors according to the priority ([3, 1-12]).
`
`It would have been obvious to one of ordinary skill in the art to modify the
`
`above art/combination to teach wherein a priority is assigned to two or more sensors;
`
`wherein the data is received from the sensors according to the priority, so as to
`
`conserve remaining battery power and resources for continued operation of the higher
`
`priority sensors in the system.
`
`As to claim(s) 47-49,
`
`Brogi does not expressly teach a process executing at a device for preventing
`
`operation of a sensor depending on a criterion; the criterion includes a determination of
`
`a low-power condition and a restricted bandwidth condition
`
`Motorola Solutions, Inc., Ex1010, p. 9
`
`

`

`Application/Control Number: 11/303,458
`Art Unit: 2612
`
`Page 7
`
`Sheahan discloses a process executing at a device for preventing operation of a
`
`sensor depending on a criterion; the criterion includes a determination of a low-power
`
`condition ([3, 1-12]; abstract).
`
`It would have been obvious to one of ordinary skill in the art to modify the above
`
`art/combination to teach a process executing at a device for preventing operation of a
`
`sensor depending on a criterion; the criterion includes a determination of a low-power
`
`condition and a restricted bandwidth condition, so as to conserve remaining battery
`
`power and resources for continued operation of the higher priority sensors in the
`
`system.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Shirley Lu whose telephone number is (571) 272-8546.
`
`The examiner can normally be reached on 8:30-5:00 M-F.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, George Bugg can be reached on (571) 272-2998. The fax phone number for
`
`the organization where this application or proceeding is assigned is (571) 273-8300.
`
`Motorola Solutions, Inc., Ex1010, p. 10
`
`

`

`Application/Control Number: 11/303,458
`Art Unit: 2612
`
`Page 8
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`SL
`
`/George A Bugg/
`
`Acting SPE of Art Unit 2612
`
`Motorola Solutions, Inc., Ex1010, p. 11
`
`

`

`Notice of References Cited
`
`Application/Control No.
`
`11/303,458
`
`Examiner
`
`SHIRLEY LU
`
`Applicant(s)/Patent Under
`Reexamination
`DOOLIN ET AL.
`
`Art Unit
`
`2612
`
`I Page 1 of 1
`
`*
`*
`*
`*
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`U.S. PATENT DOCUMENTS
`
`Name
`
`A
`
`US-5,734,335
`
`03-1998
`
`Brogi et al.
`
`02-2006
`
`Schmidt et al.
`
`07-1984
`
`Sheahan et al.
`
`US-7,005,980
`
`B
`C US-4,459,582
`D US-
`E US-
`US-
`
`F
`
`Classification
`
`340/870.05
`
`340/539.13
`
`340/539.16
`
`G
`
`H
`
`I
`
`J
`
`K
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`L
`M US-
`
`*
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Country
`
`Name
`
`Classification
`
`FOREIGN PATENT DOCUMENTS
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`*
`
`N
`
`0
`
`p
`
`Q
`
`R
`s
`
`T
`
`u
`
`V
`
`w
`
`X
`
`*A copy of this reference 1s not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`
`U.S. Patent and Trademark Office
`PT0-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20080422
`
`Motorola Solutions, Inc., Ex1010, p. 12
`
`

`

`11303458 - GAU: 2612
`
`Attorney Docket No.: 010030-000910US
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`Serial No.
`Filed
`Title
`
`DOOLIM et al.
`Unassigned
`Herewith
`SYSTEM FOR SENSING ENVIROMENTAL CONDITIONS
`
`Unassigned
`Unassigned
`
`Art Unit
`Examiner
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`INFORMATION DISCLOSURE STATEMENT
`
`· Copies of the references listed on the attached form PTO-1449 not are enclosed.
`
`This filing is being made with the filing of a new application. No fee is required.
`
`Please apply any appropriate charges or credits to Deposit Account No. 50-3000.
`
`Respectfut'ly submitted,
`
`Date: December 16, 2005
`
`CARPENTER & KULAS, LLP
`1900 Embarcadero Rd., Suite 109
`Palo Alto, CA 9:4303
`Tel.: 650-842-0300 .
`Fax: 650-842-0304
`
`Reg. No. 35,
`
`CERTIFICATE OF MAILING BY FIRST CLASS MAIL
`
`I hereby certify under 37 CFR § l.8(a) that this correspondence is being
`deposited with the United States Postal Service as first class mail with
`sufficient postage on the date indicated below and is addressed to the
`Commissioner for Patents, P.O. Box 1450,Alexandria, VA22313-1450. _.---··
`_..
`
`~-(cid:173)
`
`ALL REFERENCES CONSIDERED EXCEPT WH
`
`LINED THROUGH. /S.L:/
`
`Motorola Solutions, Inc., Ex1010, p. 13
`
`

`

`11303458 - GAU: 2612
`
`PTO/SB/OBA (07-05)
`Approved for use through 07/31/2006. 0MB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`l"dOMB
`Under the Paoerwork Reduction Act of 1995 no oersons are reouired to resoond to a collection of information unless it contains a va 1
`control number.
`Complete if Known
`~
`UnassiQned
`Herewith
`DOOLIN et al.
`Unassigned
`Unassigned
`Examiner Name
`Attorney Docket Number 010030-000910US
`
`/"
`
`\..
`
`Substitute for form 1449/PTO
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(Use as many sheets as necessary)
`I nf 11
`
`Ch~~+ 11
`
`Application Number
`
`Filing Date
`
`First Named Inventor
`
`Art Unit
`
`~
`
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`Motorola Solutions, Inc., Ex1010, p. 15
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`Motorola Solutions, Inc., Ex1010, p. 16
`
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