EXHIBIT E

Case 1:20-cv-22945-RNS Document 95-5 Entered on FLSD Docket 11/04/2020 Page 1 of 15
Unneo SrarBs PersNr aNn TRannulRr Orprcn

UNITED STATF-S DEPARTMENT OF COMMERCE

Untted Stata Patent and Trademark OfrIce

Addrcssr COMMISSIONER FOR PATENTS

P.O. Box 1450

Alexu&iq Virginia 22313-1450

www.uspto.gov

APPLICATIONNO. FILINGDATE FIRSTNAMED INVENTOR AT'TORNEY DOCKET NO. CONFIRMATIONNO.

15t459,906

20n7

John PADGETT o3&76-0036

MCDERMOTT WILL & EMERY LLP

The McDermott Building

500 North Capitol Street, N.W.

WASHINGTON, DC 2OOOI

2648

NOTIFICATION DATE DELIVERYMODE

rot20nnrl 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):

ipdocketmwe@mwe.com

7590

03/r512017

tot20t2017

2349

EXAMINER

TALUKDER, MD K

ARTT]NIT PAPERNIIMBER

PTOL-90A (Rev.04/07)

Case 1:20-cv-22945-RNS Document 95-5 Entered on FLSD Docket 11/04/2020 Page 2 of 15
Olfice Action Summary

ApFilrcafion'No.

15/459,906

aFp-Iic-a-n(5)

PADGETT ET AL.

U.S. Patent and Trademsft

Examiner

MD TALUKDER

Art Unit

2648

AIA (First lnventor to Flle)

Status

Yes

- The MAILTNG DATE of this communication appears on the cover with the correspondence address --

Perlod for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF

THIS COMMUNICATION.

- Exlensionsoftimemaybeavailableunderlheprovisionsof3TCFRl,l36(a). lnnoevanl,however,mayareplybetimelyfilad

after SIX (6) MONTHS from the mailing dale of this communication.

- ft ruo peritj lor reply is specified abow, tfre maximum stalutory period will apply and will expire SIX (6) MoNTHS from the mailing date of this communication

- Failure to reply wilhin the s€t or extended period for reply will, by stalute, cause the applicalion lo bemme ABANDONED (35 U.S C. S 133).

Any reply received by the Otfice later lhan three months after the mailing dale of this communicalion, even if timely filed, may reduce any

earned patent term adjustment. See 37 CFR I .704(b).

Status

1)[l Responsive to communication(s)filed on 07/24/2017'

! A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on

2a)X This action is FINAL. 2b)l This action is non-final.

3)n nn election was made by the applicant in response to a restriction requirement set forth during the interview on

_i the restriction requirement and election have been incorporated into this action.

4)n 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. 1 'l 

, 453 O.G. 213.

Dlspositlon of Clalms*

5)X Claim(s) 1-22 is/are pending in the application.

5a) Of the above claim(s) is/are withdrawn from consideration.

6)n Claim(s)- isiare allowed.

7)x Claim(s) 1-4,11-16.18 and 20-22 is/are rejected.

B)El claim(s) 5-10.17 and 19 is/are objected to.

9)n Claim(s) 

- 

are subject to restriction and/or election requirement.

* lf any claims have been determined gllowable, you may be eligible to benefit from the Patent Prosecution Highway program at a

participating intellectual property office for the corresponding application. For more information, please see

http:i/s$.w.#9qto.qo_y/patentsJinit ev_qnlp/ophij!.4Fx.iso- or send an inquiry to PPHfeedbas.F@uspip..g9-Y.

Appllcation Papers

10)[ The specification is objected to by the Examiner.

11)n The drawing(s) filed on is/are: a)! accepted or b)n 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).

Prlorlty under 35 U.S.C. S 119

12)n Acknowtedgment is made of a claim for foreign priority under 35 U.S.C. $ 1 19(a)-(d) or (f).

Certilled copies:

a)! All b)! Some.. c)n None of the:

1 .tr Certified copies of the priority documents have been received'

2.2 Certified copies of the priority documents have been received in Application No.-.

3.! Copies of the certified copies of the priority documents have been received in this National Stage

application from the lnternational Bureau (PCT Rule 17.2(a)).

** See the attached detailed Office action for a list of the certified copies not received.

Attachmenl(s)

t1 [ Notice of References Cited (PTO-892)

2) [ lnformation Disclosure Statement(s) (PTO/SB/O8a and/or PTO/SB/O8b)

Paoer No(s)/Mail Dale

3) | lnterview Summary (PTO-413)

Paper No(s)/Mail Date. 

-

+) n ofter: 

-. PTOL-326 (Rev, 1 1 -1 3) Oflice Actlon Summary Part of Paper No./Mail Dale 20171 01 6

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Application/Control Number: 1 5/459,906

Art Unit: 2648

Page 2

1. The present application, filed on or after March 16,2013, is being examined under the

first inventor to file provisions of the AIA.

2. In the event the determination of the status of the application as subject to AIA 35 U.S.C

I02 and 103 (or as subject to pre-AIA 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 of rejection if the prior art

relied upon, and the rationale supporting the rejection, would be the same under either status.

3. It would be of great assistance to the office if all incoming papers pertaining to a filed

application carried the following items:

Application number (checked for accuracy, including series code and serial no.)

Group art unit number (copied from most recent Office communication).

Filing date.

Name of the examiner who prepared the most recent Office action'

Title of invention.

Confirmation number (See MPEP $ 503).

Response to Arguments

4. Applicant's arguments with respect to claims have been considered but are moot in view

of the new ground(s) of rejection.

5. The Examiner has pointed out particular references contained in the prior art of record

within the body of this action for the convenience of the Applicant. Although the specified

citations are representative of the teachings in the art and are applied to the specific limitations

within the individual claim, other passages, paragraph and figures may apply. Applicant, in

preparing the response, should consider fully the entire reference as potentially teaching all or

1.

ii.

iii.

iv.

V.

vi.

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Art Unit: 2648

part of the claimed invention, as well as the context of the passage as taught by the prior art or

disclosed by the Examiner.

6. Claim lnterpretation: When multiple limitations are connected with "Q8", one of the

limitations does have any patentable weight since both of the limitations are optional.

CLAIM OBJECTION

7. Claim 5,7, 17 & 19 are objected to as being dependent upon a rejected base claim, but

would be allowable if rewritten in independent form including all of the limitations of the base

claim and any intervening claims. Claims 6 & 8-10 are also objected since they are depend

uponclaims5&7.

Claim Rejection- 35 USC $ 103

8. 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 of this 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 ordinary skill in the art to which the claimed invention

pertains. Patentability shall not be negated by the manner in which the invention was made.

Claims l-2,4,11-15, 18,2A-22 arerejectedunder35 U.S.C. 103 asbeingunpatentable

over Ko (Pub No. 201610066123) and tuither in view of Hermans (Pub No. 201610117458).

Regarding claim L, Ko discloses a guest engagement system (Fig. 8) comprising:

Case 1:20-cv-22945-RNS Document 95-5 Entered on FLSD Docket 11/04/2020 Page 5 of 15
Application/Control Number: 15/459,906 Page 4

Art Unit: 2648

a plurality of portable guest devices provided to users of the guest engagement system to be

carried by the user (Fig. 8: Guest device-810), each guest device including a wireless

communication antenna and operative to emit a periodic beacon signal broadcasting a unique

identifier of the guest device using Bluetooth low energy (BLE) communications (Fig. 8: Guest

device-8l$ is a beacon transmit device) & (Para.47: periodic beacon signal broadcasting &

Para.48 & 51: Beacon transmit with ID information) & (Fig. 2 &92 multiple transmission

device) & (Para. 9: BLE beacon transmit from transmit device); a sensor network

comprising a plurality of sensors each mounted at a different known location (Fig. 8: beacon

receiving device-83O & Fig. 12: Multiple beacon reception device) and operative to detect the

periodic beacon signals including the unique identifiers emitted using BLE communications by

pofiable guest devices of the plurality of portable guest devices that are proximate to the sensor

(Para. 48 & 5l: Beacon transmit device transmit beacon signals including the unique

identifiers emitted using BLE beacon and beacon reception device received beacon signal)

& (Para. 9: BLE beacon transmit from transmit device); a cornmunication network

connecting each of the plurality of sensors of the sensor network (Para. 53: "The beacon

receiving device L30 may be connected to the beacon transmitting device 110 through

wireless communication") & (Fig. L: beacon receiving device-l30 connected to a service

server and they are connected to communication network) & (Para. 77'. "The service serYer

300 may communicate with at least one network node through the communication unit 310.

The communication unit 310 may directly communicate with a beacon transmitting device

and may receiye, from a beacon receiving device, a signal transmitted by a beacon

transmitting device"); and a server communicatively connected to each of the plurality of

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sensors of the sensor network via the communication network, and storing a log associating each

unique identifier of a portable guest device detected using BLE communications by a sensor of

the sensor network with the known location of the sensor (Para. 53: "The beacon receiving

device 130 may be connected to the beacon transmitting device 110 through wireless

communication. The beacon receiving device 130 may receive a beacon signal from the

beacon transmitting device 110. The beacon receiving device 130 may transfer information

to the service server 150 based on a received beacon signal. ... A beacon signal may include

various pieces of information. For example, a beacon signal may include a unique identifier

of the beacon transmitting device ll0, ... a beacon signal may include distance information

configured by the beacon transmitting device 110 and service ID information

corresponding to the distance information. ...") & (Para. 59: Storing ID in the service

server).

Ko silent regarding a central server connected plurality of device having a time stamp.

Hermans discloses a central server connected plurality of device having a time stamp

(Para. 15: "The apparatus includes a device management server configured to register at

least a first detection device associated with a first location and a second detection device

associated with a second location with a device management infrastructure, receive, via the

device management infrastructure and from the first detection device, a beacon identifier

associated with a beacon detected by the first detection device, store a first time stamp

associated with detection of the beacon by the first detection device....").

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Art Unit: 2648

At the time of filling, it would have been obvious to one of the ordinary skilled in the art

to use beacon detection in a short range communication network to transfer data between

multiple local devices to control short range device effectively based on timing.

Regarding claim 2, Ko discloses the plurality of sensors of the sensor network comprises

a plurality of access panels each configured to control an associated electronically controlled

door lock (Para.56 & Para. 153: Door lock control), and each access panel is operative to

detect the periodic beacon signals including the unique identifiers emitted using BLE

communications by guest devices that are proximate thereto, and to selectively unlock the

associated electronically controlled door lock based on the unique identifier of the detected

periodic beacons (Fig. 8: Restaurant gateway based on device ID) & (Para. 48 & 55-57).

Regarding claim 4, Ko discloses each access panel is further operative to report the

unique identifiers detected using Bluetooth communications to the central server via the

communication network (Fig.8) & (Para. 18 & 67).

Regarding claim 1L, Ko discloses the sensor network comprises a plurality of sensor

network peripherals each comprising a processor, memory, and a network transceiver configured

for communication across the communication network, and sensors of the sensor network are

electrically connected to respective sensor network peripherals and are communicatively

connected to the communication network via the respective sensor network peripherals (Fig. 1'2

& Fig.6 & Fig.8) & (Para.48-s0).

Regarding claim L2rKo discloses each sensor network peripheral comprises a

communication bus configured to support electric connections to a plurality of sensors of the

sensor network (Fig. 6 & t2),

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PageT

Regarding claim 13, Ko discloses a guest engagement system (Fig. 8) comprising:

a plurality of portable guest devices provided to users of the guest engagement system to be

carried by the user (Fig. 8: Guest device-810), each guest device including a wireless

communication antenna and operative to emit a periodic beacon signal broadcasting a unique

identifier of the guest device using Bluetooth low energy (BLE) communications (Fig. 8: Guest

device-8lO is a beacon transmit device) & (Para. 47: periodic beacon signal broadcasting &

Para.48 & 51: Beacon transmit with ID information) & (Fig. 2 &92 multiple transmission

device) & (Para. 9: BLE beacon transmit from transmit device) and near field

communication (NFC) communications (Para. 9: NFC); a sensor network comprising a plurality

of sensors each mounted at a different known location (Fig. 8: beacon receiving device-83O &

Fig. 12: Multiple beacon reception device) and operative to detect the periodic beacon signals

including the unique identifiers emitted using BLE communications by portable guest devices of

the plurality of portable guesi devices that are proximate to the sensor (Para. 48 & 51: Beacon

transmit device transmit beacon signals including the unique identifiers emitted using BLE

beacon and beacon reception device received beacon signal) & (Para. 9: BLE beacon

transmit from transmit device); a communication network connecting each of the plurality of

sensors of the sensor network (Para. 53: "The beacon receiving device 130 may be connected

to the beacon transrnitting device 110 through wireless communication") & (Fig. 1: beacon

receiving device-130 connected to a service server and they are connected to

communication network) & (Para. '77'."The service server 300 may communicate with at

least one network node through the communication unit 310. The communication unit 310

may directly communicate with a beacon transmitting device and may receive, from a

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Art Unit: 2648

beacon receiving device, a signal transmitted by a beacon transmitting device"); and a server

communicatively connected to each of the plurality of sensors of the sensor network via the

communication network, and storing a log associating each unique identifier of a portable guest

device detected using BLE communications by a sensor of the sensor network with the

known location of the sensor (Para. 53: "The beacon receiving device L30 may be connected

to the beacon transmitting device 110 through wireless communication. The beacon

receiving device 130 may receive a beacon signal from the beacon transmitting device 110.

The beacon receiving device 130 may transfer information to the service server 150 based

on a received beacon signal. ... A beacon signal may include various pieces of information.

For example, a beacon signal may include a unique identifier of the beacon transmitting

device 110, ... a beacon signal may include distance information configured by the beacon

transmitting device 110 and service ID information corresponding to the distance

information. ...") & (Para.59: Storing ID in the service server).

Ko silent regarding a central server connected plurality of device having a time stamp.

Hermans discloses a central seryer connected plurality of device having a time stamp

(Para. 15: "The apparatus includes a device management server configured to register at

least a first detection device associated with a first location and a second detection device

associated with a second location with a device management infrastructure, receive, via the

device management infrastructure and from the first detection device, a beacon identifier

associated with a beacon detected by the first detection device, store a first time stamp

associated with detection of the beacon by the first detection device....").

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Page 9

At the time of filling, it would have been obvious to one of the ordinary skilled in the art

to use beacon detection in a short range communication network to transfer data between

multiple local devices to control short range device effectively based on timing.

Regarding claim L4, Ko discloses sensors of the plurality of sensors of the sensor

network are operative to engage in two-way communication with guest devices of the plurality of

guest devices (Fig L: 2 way communication between multiple devices is obvious in wireless

communication system. Para. 9: BLE is 2 way communication).

Regarding claim 15, Ko discloses sensors of the plurality of sensors of the sensor

network are operative to engage in secure encrypted communication with guest devices of the

plurality of guest devices (Para. 53: encrypted communication).

Regarding claim 18, Ko discloses each guest device is configured to emit a periodic

beacon signal broadcasting the unique identifier of the guest device using BLE communications,

and each sensor of the sensor network is operative to detect the periodic beacon signals including

the unique identifiers emitted using Bluetooth communications by guest devices of the plurality

of guest devices that are proximate to the sensor (Abstract & Para. 48-53).

Regarding claim 20, Ko discloses the plurality of sensors of the sensor network

comprises Omni-directional sensors configured to detect guest devices that are proximate thereto

in all directions surrounding the sensor, and spotlight sensors having a beam-shaped

communication range configured to only detect guest devices that are proximate thereto within

the beam-shaped communication range (Fig. 1 & 8 & 12) & (Para. 14 & 48).

Regarding claim 2L, Ko discloses the sensor network comprises a plurality of sensor

network peripherals each comprising a processor, memory, and a network transceiver configured

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for communication across the communication network, and each sensor network peripheral is

electrically connected to at least one sensor of the plurality of sensors and provides a

communication connection between the at least one sensor and the communication network

(Abstract & Para. 48-51) & (Fig. | & l2\,

Regarding claim ?,;ilrKo discloses each sensor network peripheral comprises a

communication bus configured to support electric connections to a plurality of sensors of the

sensor network (Fig. 6 & 8 & 12).

Claims 3 & L6 are rejected under 35 U.S.C, 103 as being unpatentable over Ko (Pub No.

201610066123), inview of Hermans (Pub No. 20I6l0Ll7 458) and further in view of Hermans

(Pub No. 20I6|0IL7 458).

Regarding claim 3, Ko does not explicitly discloses the central selver comprises a

central reservation server associating with each electronically controlled door lock a list of

unique identifiers of guest devices being authorized to access the elecfronically controlled door

lock, wherein each access panel is operative to selectively unlock the associated electronically

controlled door lock based on whether the unique identifier of the detected periodic beacon

matches an identifier of the list stored in the central server of unique identifiers of guest devices

authorized access to the electronically controlled door lock.

Lang discloses the central selver comprises a central reservation server associating with

each electronically controlled door lock a list of unique identifiers of guest devices being

authorized to access the electronically controlled door lock, wherein each access panel is

operative to selectively unlock the associated electronically controlled door lock based on

whether the unique identifier of the detected periodic beacon matches an identifier of the list

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Page 1 1

stored in the central server ofunique identifiers ofguest devices authorized access to the

elecfonically controlled door lock (Para. 25 & L9-20) & (Para. 45: "With reference now to

the schematic in FIG. 2rdata packet 108 can include an indication of lock status 114

including whether the lock has been accessed or tampered. Data packet 108 can optionally

include a universally unique identifier (UUID) identifying a lock vendor tL6, e,9,,

associating the lock with a vendor's application, user credentials, and a target door

identifier. The data packet 108 can include a universally unique identifier (UUID)

identifying a hotel vendor 1,18, e.g., associating the lock with a yendor's application, user

credentials, and a target door identifier. It is also contemplated that the data packet 1"08

can include a universally unique identifier (UUID) identifying a locking solutions vendor

120 such as a third party that contracts installation, management ...").

At the time of filling, it would have been obvious to use secure door control system to

authenticate the door operation to open the door for authorized person.

Regarding claim L6, Ko teaches the plurality of sensors of the sensor network comprises

a plurality of access panels each configured to control an associated electronically controlled

door lock (Fig. 8 & Para. 1"53: unlock door).

Ko is silent regarding each access panel is operative to engage in encrypted bi-directional

communication with a guest device using BLE communications to authenticate the guest device

and selectively unlock the associated electronically controlled door lock based on the identity of

the authenticated guest device.

Lang discloses each access panel is operative to engage in encrypted bi-directional

communication with a guest device using Bluetooth communications to authenticate the guest

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device and selectively unlock the associated electronically controlled door lock based on the

identity of the authenticated guest device (Fig. 4 & Para. 15 & 50).

At the time of filling, it would have been obvious to use secure door control system to

authenticate the door operation to open the door for authorized person.

CONCLUSION

Applicant's amendment necessitated the new ground(s) of rejection presented in this

Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP $ 706.07(a).

Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).

A shortened statutory period for reply to this final action is set to expire THREE

MONTHS from the mailing date of this action. In the event a first reply is filed within TWO

MONTHS of the mailing date of this final action and the advisory action is not mailed until after

the end of the THREE-MONTH shortened statutory period, then the shortened statutory period

will expire on the date the advisory action is mailed, and any extension fee pursuantto 37

CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,

however, will the statutory period for reply expire later than SD( MONTHS from the date of this

final action.

Any inquiry concerning this communication from the examiner should be directed to

Patent Examiner Md Talukder whose telephone number is (571) 210-3222. The examiner can

normally be reached on Mon-Th 8:00 am to 4:30 pm.

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Art Unit: 2648

If attempts to reach the examiner by telephone are unsuccessful, the examiner's

supervisors, Wesley Kim can be reached on57I-272-7867.

Information regarding the status of an application may be obtaining from the patent

application information retrieval (PAIR) system. Status information for the published

applications may be obtained from either private PAIR or public PAIR. Status information for

unpublished application is available through private PAIR only. For more information about the

PAIR system, see http://pair-direct.uspto.gov. Should you have any questions on access to the

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would like assistance from USPTO customer service representative or a@ess to the automated

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A{D TALUKDER/

Primary Examiner, Art Unit 2648

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