Ex Parte He

Patent Trials and Appeals Board

Mar 27, 2019

13290083 - (D) (P.T.A.B. Mar. 27, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO.
13/290,083
7590
Jianping He
126 Hazelwood Ave
Edison, NJ 08837
FILING DATE FIRST NAMED INVENTOR
11/05/2011 Jianping He
03/28/2019
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
4965
EXAMINER
LA YELLE, GARY E
ART UNIT PAPER NUMBER
2493
MAIL DATE DELIVERY MODE
03/28/2019 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JIANPING HE 1
Appeal2017-004015 2
Application 13/290,083
Technology Center 2400
Before JASON V. MORGAN, KARA L. SZPONDOWSKI, and
SHARON PENICK, Administrative Patent Judges.
PENICK, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the Examiner's final
rejection of claims 1, 3, 5, and 7. Appeal Br. 2. Claims 2, 4, 6, and 8-12 are
canceled. Id.; Claims Appendix. We have jurisdiction under 35 U.S.C.
§ 6(b )(1 ). We REVERSE.
1 Appellant indicates the real party in interest is the inventor/applicant,
Jianping He. Appeal Br. 1.
2 Our Decision references Appellant's Appeal Brief ("Appeal Br.," filed
Nov. 25, 2015) and Claims Appendix (filed April 2, 2016), and the
Examiner's Answer ("Answer," mailed Nov 30, 2016) and Final Office
Action ("Final Action," mailed June 4, 2015).
Appeal2017-004015
Application 13/290,083
Exemplary Claim
Exemplary claim 1 under appeal reads as follows (with italics added
for emphasis):
1. A method providing peer-to-peer device
management, monitor and control with a first communication
device, a second communication device, and a communication
network connecting said first communication device and said
second communication device, where the first communication
device can manage, monitor and control the second
communication device, and the second communication device
can manage, monitor and control the first communication
device, the method comprising the acts of:
negotiating and agreeing the keys for message
encryption and message decryption with the credentials
from zero or more trusted authorities, and/ or said first
communication device, and/ or said second
communication device;
generating a request message with commands to
manage, monitor and control said second communication
device at said first communication device;
encrypting said request message with said keys at
said first communication device;
delivering said request message from said first
communication device to said second communication
device via said communication network;
receiving and storing said request message at said
second communication device;
decrypting said request message with said keys at
said second communication device;
executing the commands in said request message
at said second communication device;
generating a response message with result and
status to said request message at said second
communication device;
2
Appeal2017-004015
Application 13/290,083
encrypting said response message with said keys at
said second communication device;
delivering said response message from said second
communication device to said first communication
device via said communication network;
receiving and storing said response message at said
first communication device;
decrypting said response message with said keys at
said first communication device;
displaying said result and status in said response
message at said first communication device; and
wherein said request message likewise can be generated
at said second communication device to manage, monitor and
control said first communication device, and then sent from
said second communication device to said first communication
device via said communication network; said response message
with result and status to said request message can be generated
at said first communication device, can be sent from said first
communication device to said second communication device via
said communication network and can be displayed at said
second communication device;
wherein said first communication device and said second
communication device can manage, monitor and control each
other, can perform actions against each other for peer-to-peer
device management, monitor and control, and can be in both
managing-monitoring-controlling role and managed-
monitored-controlled role;
wherein said commands comprise a command selected
from the group consisting of:
retrieving device information comprising
manufacture, model, central processing units, system
memories, disk storages, operating systems, input
interfaces or components, output interfaces or
components, network interfaces or components, and said
network reachable identifiers;
3
Appeal2017-004015
Application 13/290,083
retrieving and/ or monitoring current and/ or
historical statistical reports of cpu, memory, disk, and
process usages;
retrieving and/ or monitoring current and/ or
historical locations;
retrieving and/ or monitoring current and/ or
historical internet protocol (IP) data packets such as
email messages, instant messages, and hypertext transfer
protocol (HTTP) contents if internet service, and/or wi-fi
service, and/or data service are supported and subscribed;
retrieving and/ or monitoring current and/ or
historical voice call contents if voice service is supported
and subscribed;
retrieving and/ or monitoring current and/ or
historical video contents if video service is supported and
subscribed;
retrieving and/ or monitoring current and/ or
historical SMS text messages if short message service
(SMS) is supported and subscribed;
retrieving and/ or monitoring current and/ or
historical MMS messages if multimedia messaging
service (MMS) is supported and subscribed;
retrieving and/ or monitoring current and/ or
historical SIP messages if session initiation protocol
(SIP) service is supported and subscribed;
retrieving and/ or monitoring current and/ or
historical bluetooth messages if bluetooth protocol is
supported and enabled;
retrieving and/ or monitoring current and/ or
historical NFC messages if near field communication
(NFC) is supported and enabled;
retrieving list of hardware components, firmware
modules and software modules;
4
Appeal2017-004015
Application 13/290,083
retrieving parameter names and values of
configurations, profiles, policies, and settings about
device, hardware components, firmware modules and
software modules;
modifying parameter names and values of
configurations, profiles, policies, and settings about
device, hardware components, firmware modules and
software modules;
installing, uninstalling, enabling, disabling,
activating, deactivating, starting, stopping, turning on and
turning off hardware components, firmware modules and
software modules;
locking device;
unlocking device; and
resetting device back to factory default.
Rejections
The Examiner rejected claims 1, 3, 5, and 7 under 35 U.S.C. § 103(a)
as obvious over Birger et al. (US 7,805,606 B2; issued Sept. 28, 2010;
hereinafter "Birger") and Moshir et al. (US 2009/0265552 Al; published Oct.
22, 2009; hereinafter "Moshir"). Final Action 12-31.
ANALYSIS
We have reviewed the Examiner's rejections in light of Appellant's
arguments ( Appeal Brief) that the Examiner has erred.
The Birger Reference
Birger describes "[a] computer architecture for enterprise device
applications" with bi-directional communication between devices, and
mutual authentication. Birger, Abstract. As the Examiner has found, Birger
5
Appeal2017-004015
Application 13/290,083
teaches that this system may be used for deployment and control of devices.
Id. at 7:33-50, 22:40-42, 22:56-67 (cited at Final Action 13). Birger
teaches that its system architecture "facilitates connections between business
information technology infrastructure (i.e., the enterprise application 105)
and devices of all kinds." Id. at 10:23-26.
Birger provides the example of a retail sales division of an energy
company gathering information from gas stations and fuel delivery trucks.
Id. at 10:35--43. Another use described is for a worldwide package delivery
company to manage package scanners, delivery trucks, point-of-sale devices
in retail locations, and shipping rooms. Id. at 10:44--58. A third exemplary
use described is a manufacturer of medical devices which may remotely
administer and control the equipment installed at customer sites. Id. at
10:59-11 :2. Birger describes these examples as "illustrat[ing] both the
variety of ways to connect enterprises to devices within the enterprise and
the variety of business opportunities that may underlie the need for the
described system architecture." Id. at 11 :3---6.
Examiner's Findings and Appellant's Arguments
The Examiner specifically finds that Birger teaches communications
following a peer-to-peer model, and remote provisioning, monitoring, and
administration of devices. Final Action at 12-13 (citing Birger 1:27-30,
9:33--43, 22:40-42). The Examiner also finds that Birger teaches the
limitations in claim 1 of "generating a request message with commands to
manage, monitor and control said second communication device at first
communication device" and "generating a response message with result and
status to said request message at said second communication device." Id. at
6
Appeal2017-004015
Application 13/290,083
13-14 (generating a request message at first communication device), 15
(generating a response message at second communication device).
The Examiner further finds that Birger teaches claim 1 's limitation
that "said request message likewise can be generated at said second
communication device to manage, monitor and control said first
communication device, ... said response message with result and status to
said request message can be generated at said first communication device"
and the limitation that the "first communication device and [the] second
communication device can manage, monitor and control each other ... " Id.
at 16-18. The Examiner cites portions of Birger that deal with interaction
between devices, including that the initiation of communication and the
encryption/decryption performed by any device. Id. at 17 (citing Birger,
Abstract). The Examiner additionally cites Birger's discussion of shutting
down certain devices remotely or instructing the network to refuse further
communications from certain devices. Id. at 17-18 ( citing Birger 23: 1-13).
Appellant agrees that Birger teaches "peer-to-peer" communications,
and also that Birger teaches device management, monitor, and control.
Appeal Br. 10-11, 26-27. However, Appellant argues that these two
separate teachings of Birger do not mean that Birger teaches peer-to-peer
device management as recited in claim 1. Id.
The Examiner notes that Birger describes peer-to-peer
communication, and a server-side device that remotely provisions, monitors,
and administers other devices using peer-to-peer communication. Answer
4--5. The Examiner thus concludes that "it is clear that the server-side first
communication device or computer provides peer-to-peer device
7
Appeal2017-004015
Application 13/290,083
management, monitor and control of a second communication device." Id.
at 4.
We are not persuaded that the portions of Birger cited by the
Examiner teach or suggest the disputed limitations of claim 1. Significantly,
the claim specifically requires two devices that each are able to "manage,
monitor and control" the other device. This kind of mutual managing,
monitoring, and control is not taught or suggested in the portions of Birger
cited by the Examiner. Birger teaches that encryption can occur between
any two devices, when in communication via a specific communication layer
(ICL). See Birger 18:28--41 (cited at Final Action 17). Birger also teaches
that communications may be initiated by either a device or the enterprise
application. Id. at 14:46-48. However, encryption and decryption and the
peer-to-peer communication discussed in Birger does not teach or suggest
the mutual "manage, monitor and control" functionality required by the
claim.
Birger specifically describes "remote, centralized management and
policy control of all devices on the network." Birger 8: 13-14 (emphasis
added); 24: 16-20. The enterprise application controls all other devices. Id.
The citations to Birger provided by the Examiner do not teach or suggest the
mutual control functionality recited in claim 1. Thus, we are persuaded by
Appellant's arguments of error in the Examiner's finding that Birger teaches
or suggests "said first communication device and said second
communication device can manage, monitor and control each other, can
perform actions against each other for peer-to-peer device management,
8
Appeal2017-004015
Application 13/290,083
monitor and control, and can be in both managing-monitoring-controlling
role and managed-monitored-controlled role."
Accordingly, we do not sustain the obviousness rejection of claim 1,
or claims 3, 5, and 7, rejected on substantially the same basis.
DECISION
We reverse the Examiner's decision rejecting claims 1, 3, 5, and 7
under 35 U.S.C. § 103(a) as obvious over Birger and Moshir.
REVERSED
9