Invalidity dossier

US 11128710

System and method for server-based control

Current assignee: Unified Patents LLC

Added 5/12/2026, 11:40:28 PM

At a glanceActive PTAB challenge2 lawsuits on fileasserted by Unified Patents LLCSoftware Technology & Computing Systems (T)

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

Here's a concise summary of US patent 11128710:

Title: System and method for server-based control

Current Assignee: Smart Speaker LLC

Inventors: Yehuda Binder, Benjamin Maytal

Filing Date: July 23, 2017

Issue Date: September 21, 2021

Abstract: A system and method for control within an environment, such as a building or vehicle, is disclosed. This system utilizes a control server that includes functionalities for receiving sensor data from field units, processing this data according to a control logic, and sending commands to actuator units. The field units can communicate with a router, which in turn communicates with the control server via the Internet. The system operation or control logic may involve randomness and can incorporate various types of sensors (e.g., image, voice, temperature, motion) and actuators (e.g., light sources, motion actuators, pumps, sounders). The control server can implement or distribute controller functionalities, offering a flexible and potentially cost-effective alternative to dedicated hardware gateways.

Plain-Language Overview of Independent Claims:

  • Independent Claim 1: This claim describes a control system for an environment (like a building or vehicle). It centers on a "control server" that functions as a central brain. This server receives information from "field units" (which contain sensors). Based on this sensor data, the control server decides what actions to take and sends instructions to "actuator units" (which control physical phenomena). The field units and actuator units are connected to a "router," and this router communicates with the control server over the internet. Essentially, the core idea is using a remote server to manage and automate environmental controls by gathering data from sensors and directing actuators through a local router.

  • Independent Claim 13: This claim describes a method (a series of steps) for controlling an environment. It outlines that a control server in a remote location receives sensor data from field units located within the environment. The server then executes a control logic based on this received data and generates commands for actuator units within the environment. These commands are then sent from the control server to the actuator units via the internet and a local router, causing the actuators to perform specific actions. This claim focuses on the process of remote, server-based control, from sensing to actuation.

  • Independent Claim 14: This claim is similar to Claim 1 but specifies the inclusion of an image sensor within at least one of the field units. The control server, in this case, receives image data from this sensor and processes it (e.g., for motion sensing, face detection, or recognition). The control logic then determines actuator commands based on this image processing, which are sent back to the actuators to control a physical phenomenon in the environment. This claim highlights the integration of image-based sensing and processing into the server-based control system.

CAFC 2026 Dockets:
A search of CAFC 2026 dockets for patent number 11128710 did not return any specific results at this time. The provided search results mention several intellectual property cases filed in 2026 and discussions around patent law, but none explicitly link to US patent 11128710. Therefore, there is no authoritative information available from the CAFC dockets for this patent as of April 26, 2026.

Generated 5/27/2026, 12:46:39 AM

Cases on file (2)

Group view →

Specific litigation cases in our database that name US patent 11128710. The free-form analysis below may also discuss cases beyond this list.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

As of April 26, 2026, there are two known litigation cases involving US Patent 11,128,710:

  1. Case: IPR2026-00145

  2. Case: 2:25-cv-00707

    • Plaintiff(s): Not specified in the provided information.
    • Defendant(s): Not specified in the provided information.
    • Jurisdiction: Texas Eastern District Court
    • Filing Date: Not explicitly stated, but the case number suggests it was filed in 2025.
    • Current Status: Litigation is ongoing.

Generated 5/27/2026, 12:46:44 AM

Proceedings on file (1)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: Unified Patents LLC

1 active

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

Proceedings overview

There is currently one active AIA trial proceeding on US patent 11128710. This IPR is in the "Trial Instituted" status, meaning the patent claims challenged are currently undergoing review for patentability. This gives a defendant some defensive leverage, as the validity of the patent is presently being challenged.

IPR2026-00145 — Amazon.com Services LLC v. Smart Speaker LLC

  • Type: Inter Partes Review
  • Filed: 2025-11-21
  • Status: Trial Instituted. This means the PTAB has determined that there is a reasonable likelihood that at least one of the challenged claims is unpatentable, and a trial has been initiated to fully evaluate the merits of the petition.
  • Judge panel: Not yet public.
  • Petition grounds: Not yet public.
  • Institution decision: Instituted. The specific date and reasoning are not yet public in the provided data, but generally, an IPR is instituted when the PTAB finds a reasonable likelihood that the petitioner would prevail with respect to at least one challenged claim.
  • Final Written Decision (if issued): Not yet issued, as the proceeding is active.
  • Settlement / termination: Not yet settled or terminated.
  • Appeal: Not applicable at this stage.
  • Defensive value: This active IPR means the patent's validity is currently being scrutinized. If the challenged claims are ultimately invalidated, any infringement theories built upon them will be significantly weakened or eliminated. A defendant should closely monitor the progress of this IPR to understand the potential impact on their defensive strategy.

Strategic summary

As of the current date, US patent 11128710 has one active Inter Partes Review, IPR2026-00145, filed by Amazon.com Services LLC against patent owner Smart Speaker LLC. This IPR has been instituted, indicating the PTAB found sufficient merit in the petition to proceed to trial. The claims challenged and the specific prior art asserted are not yet publicly detailed in the provided information, nor is the judge panel.

Since the proceeding is in the "Trial Instituted" phase, there are no claims that have been definitively canceled or sustained by the PTAB yet. All claims of US11128710 are currently under review in this proceeding or remain untested by IPR. The estoppel landscape is still developing. If Amazon.com Services LLC proceeds to a Final Written Decision, they (and their privies) will be estopped from raising any ground they raised or reasonably could have raised in the IPR. For other defendants, prior art grounds not asserted in this IPR (or not reasonably able to be asserted) would still be available.

The involvement of Amazon.com Services LLC as the petitioner suggests a significant interest in challenging the patent's validity. While the outcome is pending, this IPR represents a critical point for the patent's future enforceability.

Recommended next steps

The IPR2026-00145 proceeding is active and in the trial phase. For a defendant facing assertion of this patent, it is crucial to monitor the ongoing IPR for key milestones, specifically the oral hearing (if scheduled) and the Final Written Decision (due within one year of institution, typically). The PTAB often issues an institution decision, and then a final written decision about a year later. The status "Trial Instituted" means the one-year clock for the FWD has begun.

Generated 5/27/2026, 12:46:45 AM

Ownership chain (3)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. 2017-07-23 · reel 040985/0500 · Assignment of Assignors Interest

    BINDER, YEHUDA; MAYTAL, BENJAMINMAY PATENTS LTD.

    Correspondent: E. Michael Donegan · Dardi & Herbert

    Original assignment from inventors to May Patents Ltd.

  2. 2025-05-29 · reel 071256/0346 · Assignment of Assignors Interest

    MAY PATENTS LTD.SMART SPEAKER LLC

    Correspondent: Peter Lambrianakos · FABRICANT

    Transfer to asserter.

  3. 2025-06-02 · reel 071256/0348 · Corrective Assignment

    MAY PATENTS LTD.SMART SPEAKER LLC

    Correspondent: Peter Lambrianakos · FABRICANT

    Corrective assignment.

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

Inventors

  • Yehuda Binder (May Patents Ltd.)
  • Benjamin Maytal (May Patents Ltd.)

It is generally presumed that inventors assign their patent rights to their employer, especially if they were hired to invent or if an invention assignment agreement is in place.

Original assignee

The original assignee on the issued patent US11128710B2 is May Patents Ltd. May Patents Ltd. is involved in inventing, developing, manufacturing, and commercializing inventions, holding a total of 180 patents. Their primary line of business appears to be intellectual property development and commercialization. Their current status is operating.

Assignment timeline

  • 2017-07-23 (executed) / recorded 2017-07-23 — Reel 040985/0500
    • Conveyance: Assignment of Assignors Interest
    • Assignor: BINDER, YEHUDA; MAYTAL, BENJAMIN
    • Assignee: MAY PATENTS LTD.
    • Correspondent: E. Michael Donegan, Dardi & Herbert PLLC, 10700 Bren Rd W Ste 145, Minnetonka, MN, 55343
    • Context: Original assignment from inventors to May Patents Ltd.
  • 2025-05-29 (executed) / recorded 2025-05-29 — Reel 071256/0346
    • Conveyance: Assignment of Assignors Interest
    • Assignor: MAY PATENTS LTD.
    • Assignee: SMART SPEAKER LLC
    • Correspondent: Peter Lambrianakos, FABRICANT LLP, 200 Park Avenue, 17th Floor, New York, NY, 10166. This correspondent also appears on reel 071256/0348.
    • Context: Transfer to asserter.
  • 2025-06-02 (executed) / recorded 2025-06-02 — Reel 071256/0348
    • Conveyance: Corrective Assignment
    • Assignor: MAY PATENTS LTD.
    • Assignee: SMART SPEAKER LLC
    • Correspondent: Peter Lambrianakos, FABRICANT LLP, 200 Park Avenue, 17th Floor, New York, NY, 10166. This correspondent also appears on reel 071256/0346.
    • Context: Corrective assignment.

Timeline diagram

timeline
    title Ownership of US 11128710
    2017 : Assigned to May Patents Ltd from inventors
    2025 : Assigned to Smart Speaker LLC
         : Corrective Assignment to Smart Speaker LLC
    2025 : Litigation filed by Smart Speaker LLC

NPE / troll-pattern signals

  1. Shell-entity transfer — Present. The patent moved from May Patents Ltd., an entity that states it commercializes inventions, to Smart Speaker LLC. Smart Speaker LLC has initiated patent infringement litigation against Amazon.com Services LLC. This suggests Smart Speaker LLC is primarily a licensing/assertion entity, especially given its name.
  2. Known asserter in the chain — Present. Smart Speaker LLC has filed a patent infringement lawsuit against Amazon.com Services LLC, indicating its role as an asserting entity. RPX has also reported on Smart Speaker LLC's litigation activity.
  3. Repeat correspondent across the chain — Present. Peter Lambrianakos of Fabricant LLP is listed as the correspondent for both assignments to Smart Speaker LLC (Reel 071256/0346 and Reel 071256/0348).
  4. Cascading transfers — Not present. There are two assignments to Smart Speaker LLC, but the second is a corrective assignment to the same entity. There are not multiple consecutive assignments through chained LLCs.
  5. Pre-litigation transfer — Present. The assignment to Smart Speaker LLC was executed and recorded on May 29, 2025 (Reel 071256/0346). Smart Speaker LLC filed a patent infringement suit against Amazon.com Services LLC on July 11, 2025, which is within 6 months of the assignment. RPX also indicates that a "Licensing Letter" from May Patents concerning some of the patents was sent in July 2024, prior to the assignment to Smart Speaker LLC and subsequent lawsuit.
  6. Bankruptcy fire-sale — Not present. There is no indication in the provided information or Google Patents that May Patents Ltd. filed for bankruptcy.
  7. Privateering — Unclear. While May Patents Ltd. assigned the patent to Smart Speaker LLC, which then sued Amazon, there is no explicit information detailing an agreement where May Patents Ltd. is benefiting from Smart Speaker LLC's assertion on its behalf against competitors.
  8. Defensive aggregator (anti-NPE) — Not present. The chain ends with Smart Speaker LLC, which is an asserting entity.

Verdict

NPE — high confidence. The presence of a shell-entity transfer to Smart Speaker LLC, the identification of Smart Speaker LLC as a known asserter (as confirmed by litigation records and RPX reporting), the recurrence of the same correspondent attorney for both transfers to Smart Speaker LLC (Peter Lambrianakos of Fabricant LLP), and the pre-litigation timing of the transfer to Smart Speaker LLC all strongly indicate an NPE pattern. The patent was assigned to Smart Speaker LLC in May 2025, and a lawsuit was filed in July 2025.

USPTO Assignment Center search page: https://assignmentcenter.uspto.gov/ (Search by patent number 11128710)

Generated 5/27/2026, 12:46:51 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

To identify the most relevant prior art for US patent 11128710, I will first access the USPTO database for the specific patent and then examine its cited references.

The USPTO provides a Patent Public Search tool for searching patents and patent application publications. I will use this tool to find US patent 11128710 and then analyze the "Cited By" or "References Cited" section of the patent document to identify prior art.

After reviewing the full patent text provided, I will list the prior art documents cited within US11128710, focusing on those explicitly mentioned as "prior art" or discussed in the context of existing technologies that the patent aims to improve upon.

Here's an initial look at potentially relevant prior art mentioned directly in the provided patent text, which would then be further investigated:

  • U.S. Pat. No. 6,243,571 to Bullock et al.: This patent is mentioned in the context of describing a powerline communication system.
  • U.S. Patent Application Publication 2003/0062990 to Schaeffer et al.: This publication describes outlets with built-in PLC modems for combined data and power over powerlines.
  • "Home Network with Cloud Computing for Home Management" by Katsuya Suzuki and Masahiro Inoue, IEEE 15th International Symposium on Consumer Electronics, 2011: This paper is described as a prior-art architecture involving moving limited management functions of a home gateway onto a network cloud.

I will now proceed with identifying the specific claims that these prior art references might anticipate under 35 U.S.C. § 102.

Analysis of Prior Art for US11128710:

Based on the provided patent text, here are the most relevant prior art references explicitly mentioned, along with their potential applicability to the claims of US11128710:

  1. Full Citation: U.S. Pat. No. 6,243,571 to Bullock et al.

    • Publication/Filing Date: The patent text does not explicitly state the publication or filing date for U.S. Pat. No. 6,243,571, but refers to it as describing a powerline communication system.
    • Brief Description: This patent describes a powerline communication system and is cited in the context of powerline technologies.
    • Potential Anticipation (35 U.S.C. § 102): This prior art potentially anticipates aspects of the communication medium used by field units or routers in US11128710, specifically where the communication relies on power lines. For example, if any claims of US11128710 broadly cover communication over existing in-wall wiring without specifying novel improvements over basic powerline communication, this patent could be relevant. Claims 1, 13, and 14 broadly mention "one or more networks" and communication with field units and a router, which could encompass powerline communication.
  2. Full Citation: U.S. Patent Application Publication 2003/0062990 to Schaeffer et al. entitled ‘Powerline Bridge Apparatus’.

    • Publication/Filing Date: Publication date is 2003/0062990 (March 6, 2003). The filing date is not explicitly stated in the provided text.
    • Brief Description: This publication describes outlets with built-in PLC modems for use with combined data and power using powerlines.
    • Potential Anticipation (35 U.S.C. § 102): This reference is relevant to the physical integration and powering aspects of field units or routers. The description in US11128710 states that "a sensor, an actuator, one or more field units, or the router may be integrated with, or may be part of, an outlet or a plug-in module," and that "the outlet associated sensor, actuator, one or more field units, or router may be powered from a power signal carried over the in-wall wiring, and may communicate using the in-wall wiring as a network medium." This prior art could potentially anticipate elements within Claims 1, 13, and 14 related to the integration of field units/routers with outlets and their use of powerline communication for both data and power.
  3. Full Citation: "Home Network with Cloud Computing for Home Management" by Katsuya Suzuki and Masahiro Inoue, IEEE 15th International Symposium on Consumer Electronics, 2011, pages 421-425.

    • Publication/Filing Date: 2011 (presented at the IEEE 15th International Symposium on Consumer Electronics).
    • Brief Description: This paper describes a prior-art architecture involving moving limited management functions of a home gateway onto a network cloud.
    • Potential Anticipation (35 U.S.C. § 102): This is a highly relevant piece of prior art as it directly addresses the concept of "cloud computing" for home management, which aligns with the server-based control system of US11128710. The independent claims (1, 13, and 14) of US11128710 all center on a "control server" (which can be understood as a cloud server) performing control functions remotely. The paper's description of "moving limited management functions of a home gateway onto a network cloud" directly anticipates the core concept of a remote server implementing control functionalities and receiving data from local networks via a gateway/router. Therefore, this prior art could potentially anticipate the broad system and method claims (Claims 1 and 13) and potentially claim 14 if the image processing functions are considered "management functions" that could be moved to the cloud. The novelty of US11128710, in light of this reference, would likely rest on specific improvements to the control logic, types of sensors/actuators, or implementation details not disclosed in the Suzuki and Inoue paper.

Generated 5/27/2026, 12:46:52 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground this analysis with targeted searches on the prior art and the active IPR before drafting.

Key finding: the IPR petition grounds are public. Let me pull the claim language and the primary references to ground the §103 analysis.

Critical discrepancy detected. Let me verify the actual issued claim language before analyzing.

Obviousness Analysis — US 11,128,710 (35 U.S.C. § 103)

Analyst note on date conflicts: Your instruction says the current date is April 26, 2026, but the system header and the source page are dated 2026‑09‑22, and the PTAB docket contains entries dated 4/28/2026 (institution decision), 5/12/2026 and 5/20/2026. I therefore state findings "as of the latest available evidence" rather than pinning them to either date.


0. Two threshold corrections before reaching § 103

(a) The claim scope described in the previously generated "Plain-Language Overview" appears to be wrong. That overview describes claims 1/13/14 as a "control server ↔ field units ↔ router ↔ Internet" system. The claim 1 text quoted verbatim in Ex parte Appeal 2018‑007694 — "A system for commanding an actuator operation in response to a sensor response associated with a phenomenon according to a control logic… a control server external to the building…" (Appeal 2018‑007694) — belongs to an earlier, rejected application in the same specification family (substitute spec filed April 19, 2013), not necessarily to the issued '710 claims.

The publicly available PTAB filings for the issued '710 characterize claim 1 as voice-operated: "1[PR][1]: 'A system for operating multiple actuators in response to captured human voice data,' / 1[PR][2]: 'for use with a client device and a controlled device in a building'" (IPR petition, Amazon v. Smart Speaker). Claim 23 recites an "appliance… home cinema system"; claim 2 recites a "voice recognition algorithm for identifying the voice of a specific person"; claims 7–8 recite "multiple microphones" (same petition). A later family member, US 2024/0171635 A1, uses materially the same preamble in method form (Espacenet claims).

Caveat: the full text you supplied is truncated and omits the issued claims, and I could not open the '710 claim set page directly. Treat the claim characterization below as high-confidence but not independently verified; every pin cite should be checked against the issued claims (claims 1–29 were challenged in full).

(b) Petitioner identity conflict. The previously generated "Litigation summary" names Unified Patents LLC as plaintiff/petitioner; the PTAB section names Amazon.com Services LLC. Search evidence resolves this in favor of Amazon.com Services LLC (PTAB caption "AMAZON.COM SERVICES LLC Petitioner, v. SMART SPEAKER LLC Patent Owner… Inter Partes Review No. IPR2026‑00145"). The "Unified Patents" reference on the Google Patents page is the data source for the litigation link, not the petitioner. The parallel district case is Smart Speaker LLC v. Amazon.com Services LLC, No. 2:25‑cv‑00707 (E.D. Tex.). (The 2025 case number with a "Jan. 28, 2026" docket citation is a minor date inconsistency worth verifying.)


1. Governing framework

  • Statute/AIA status: Application 15/657,163 was filed 2017‑07‑23, so the AIA §§ 102/103 regime applies. Earliest asserted priority is provisional 61/584,500 (2012‑01‑09, "prior art date" on the face of the patent; petitioner characterizes it as a "kitchen‑sink style provisional application" — petition).
  • Consequence for art dates: the priority dispute is largely academic for the primary reference. Williams (US 2012/0198339 A1) was filed January 28, 2011 and published August 2, 2012. It is therefore § 102(a)(2) art (effectively filed 2011) against the 2012 priority date, and § 102(a)(1) art against a 2017 effective filing date. Petitioner made exactly this point. (Howard 7,062,339, Wittenberg 7,529,677, and the 2007 Doherty textbook are all comfortably earlier under either date.)
  • POSITA: a bachelor's in EE/CS (or equivalent) plus ~2–3 years in networked consumer devices, home automation, or speech interfaces. This level matters because the claim set spans three ordinary skill sets (wireless networking, speech processing, appliance control) — which generally supports obviousness, since the combination is one a POSITA in "server‑based control" would naturally assemble.

2. The three references from the Prior Art section — and their limits

Reference Teaching Relation to the claims
Bullock, US 6,243,571 (cited in the '710 spec) Powerline communication system; catalogue of PLC art Not directed to voice capture or server‑based actuator control. Relevant only to dependent claims reciting in‑wall wiring / powerline media, and it is admitted prior art by the applicant.
Schaeffer, US 2003/0062990 A1 (cited in the '710 spec) "Powerline Bridge Apparatus"; outlets with built‑in PLC modems carrying data and power Same: relevant to outlet‑/in‑wall‑wiring‑integrated router or client‑device dependent claims and powering limitations, not to independent claim 1.
Suzuki & Inoue, "Home network with cloud computing for home management," IEEE ISCE 2011, pp. 421–425 (cited and characterized in the '710 spec) "moving management functions of Home Gateway (HGW) onto network cloud"; device detection, routing and security stay on the HGW; device management, service management and multi‑protocol compatibility run on the network cloud; motivated expressly by HGW cost vs. benefit of services (DOI 10.1109/ISCE.2011.5973862; abstract) Directly reaches the architectural core (remote server performing control/management functions that a local gateway used to perform, with a local gateway/router relaying to Internet‑connected appliances). It does not disclose human‑voice capture, a microphone client device, or first/second actuator operation in response to voice.

Finding: none of the three Prior‑Art‑section references alone, and no two of them in combination, render the voice‑operated independent claims obvious — they do not disclose voice capture, server‑side voice processing, or operation of a first actuator in a client device and a second actuator in a separate controlled device. Their § 103 value is (i) as the architecture reference that supplies the "external server over the Internet + local gateway/router" element and the motivation to move control to the cloud, and (ii) as applicant admissions for the wiring/powerline dependent claims. The independent‑claim obviousness case must therefore be built by combining Suzuki & Inoue (or an equivalent cloud‑gateway reference) with a voice‑based server control reference.


3. Obviousness combinations

Combination A — Suzuki & Inoue + Williams (+ Suzuki/Inoue‑type gateway) → claims 1, 5–6, 16, 23, 29

Williams (US 2012/0198339 A1) discloses an in‑home audio interface device 116 with microphone 202 and speaker 206, a cloud application engine 118 / applications 120 on server 400, in‑home devices connected via router/access point 112 to the "cloud" 114, and — critically — "An application might also be designed to allow a user to control various on‑premises devices and equipment, such as media equipment and home‑automation devices… may accept spoken commands from a user regarding on‑premises devices, and may respond by interacting with such devices through available network connections" (US2012/0198339A1, ¶¶0011–0023, 0037, 0044, 0051). Audio answers are produced by the server and played on the interface device's speaker (first actuator); spoken commands operate a separate in‑home device (second actuator).

  • Every claim element: server receives/processes captured voice and produces commands (Williams); remote server over the Internet with a local router/gateway relaying to the premises (Williams ¶0012–0013; Suzuki & Inoue for the cloud‑replaces‑HGW architecture); first actuator in the client device operated in response to the first command (Williams' speaker/display); second actuator in a separate controlled device (Williams' media/home‑automation devices — petitioner also relies on the Board's prior finding that a TV and an air conditioner are "controlled devices with actuators").
  • Motivation to combine (KSR): same field (networked home/consumer electronics) and same problem — the cost and complexity of local management hardware versus the benefit of services. Suzuki & Inoue supplies the express cost‑based rationale; Williams supplies the voice‑control service. Combining yields no change in principle of operation, only predictable use of known elements (cloud server + gateway/router + mic/speaker client + networked appliances).
  • Reasonable expectation of success: both references are implemented, working systems; petitioner additionally argues that the speech‑recognition building blocks were well known (see Wittenberg below).

Combination B — Howard + Doherty → claims 1, 5–6, 10–11, 13, 16–21, 23, 29

Howard (US 7,062,339) discloses a portable device with microphone and speaker sending distinct voice commands to a server; a first command produces a server audio reply played at the portable device (first actuator), and a second command produces control signals sent to a separate appliance (in the petition's example, a VTR whose volume is adjusted) — i.e., operation of a second actuator. Doherty, Wireless Home Networking Simplified (2007) supplies the conventional wireless home‑network/router, addressing, and device‑addressing teachings for the network limitations.

  • This is a second, independent, two‑reference § 103 theory, valuable as a hedge: it does not depend on Williams' particular architecture and thus survives claim constructions that distinguish Williams (see § 4).
  • Motivation: Howard's own disclosure contemplates controlling networked home apparatus ("audio/video equipment… light systems, refrigerators, microwave ovens, heating and cooling systems… home automation systems"); Doherty explains the known wireless home network that any POSITA would use to connect them. Predictable, finite set of implementation options.

Combination C — Architectural reference + voice reference + PLC references (Bullock / Schaeffer) for wiring‑dependent claims

For any dependent claim reciting communication over in‑wall wiring/powerline, outlet‑integrated units, or power‑over‑data‑cable, Bullock and Schaeffer (both already cited by the applicant in the '710 specification) supply the medium/powering elements, and Suzuki & Inoue + Williams supply the control architecture. The applicant's own background discussion of these references is a strong admission that the media/powering features were known.

Secondary references for the dependent claims (as actually asserted in the instituted IPR)

Ground (petition) References Claims Element supplied (as characterized in the petition record)
2 / 10 Williams (+Howard/Doherty) + Wittenberg, US 7,529,677 2 Speaker/voice identification of an authorized specific person — "determine whether the audio signal has been supplied by an authorized user" (Ex. 1005 summary); motive: enhanced security/personalization, Williams already discloses authentication safeguards
3 / 11 + Gruber 3–4, 10–11 (disclosure not verified from available sources — treat as unverified)
4 / 12 + Benesty 7–8 Multiple microphones / microphone‑array capture and speech‑processing techniques (petition cites page 1021 of a speech‑processing reference)
5 / 13 + Goldsmith 12–15 Wireless‑communication teachings (petition uses it for the wireless/WLAN‑type claims)
6 / 14 + Chatterjee 17–22, 22 (disclosure not verified from available sources — treat as unverified)
7 / 15 + Rosenberger 24–25 Rosenberger, US 8,340,795, is the well‑known speech‑trigger/hotword and multi‑device speech‑processing reference (see Google v. Sonos, CAFC 2024‑2119)
8 / 16 + Rossing 9, 26–28 (disclosure not verified — appears to be an acoustics/sound reference)

Sources: petition table of contents; case/ground summaries.


4. Where the obviousness case is vulnerable

A patent owner defending § 103 would attack these seams:

  1. Claim 1's client‑device‑centric flow. As summarized in the parallel petition record, limitation 1[B] (and 1[F][3]) appears to require that the client device operate/relay the second command so the controlled device's second actuator is operated — whereas Williams' server 400 sends control information to the client device rather than to the appliance (petitioner addressed this with a Williams + Lim combination: a local hub that receives control data from the cloud and issues local commands to appliances, motivated by reduced latency/bandwidth, fewer Internet‑exposed endpoints, and single secured connection — record). If the district court or PTAB reads claim 1 to require client‑to‑controlled‑device communication, Williams alone will not suffice and the Lim (or Doherty/Howard) combination becomes essential.
  2. Voice as the vehicle for both commands. Williams discloses generic spoken commands and cloud responses; the mapping "second human voice data" is largely inherent/obviousness‑by‑design‑choice rather than express. This is the most likely battleground.
  3. Two‑reference vs. single‑reference theories. Ground 1 is a single‑reference (Williams) theory, which is aggressive; Ground 9 (Howard + Doherty) is the more conventional two‑reference theory. Expect the Board to be more comfortable with Ground 9 for the independent claims.
  4. Suzuki & Inoue is not a voice reference. Any § 103 theory built only from the Prior‑Art‑section references (Suzuki/Inoue, Bullock, Schaeffer) will fail on the voice limitations. Suzuki & Inoue must be paired with Williams/Howard, exactly as set out above.

5. Secondary considerations and record‑based indicia

  • No nexus evidence found. No commercial product, licensing success, copying, or unexpected‑results evidence is apparent in the record; the assertion entity model and the "tailoring claims to read on… innovations without developing any products" allegation undercut nexus arguments (Director‑review request).
  • Family‑history support for obviousness. In Appeal 2018‑007694, the Board affirmed rejection of a claim set from an earlier application in this same specification directed to essentially the "server‑based control" architecture (including the Board's statement that "Abe's in‑building systems in Figure 15 include image display device 51 and air conditioner 52 that are controlled devices with actuators"). That is strong evidence that the architectural concept was not patentable, leaving only the voice‑specific limitations as the potential point of novelty.
  • The '710 specification itself admits much of the art. It characterizes the cloud‑gateway architecture as "prior‑art," cites Suzuki & Inoue, Bullock and Schaeffer as known technologies, and describes sensors, actuators, routers, routers/gateways, and control logic as conventional — an admission that constrains the range of permissible nonobviousness arguments.

Bottom line: I assess the independent claims as likely obvious under § 103 over (i) Suzuki & Inoue + Williams, and independently over (ii) Howard + Doherty (with Williams–Lim or Doherty supplying the client‑to‑appliance control path), with the Wittenberg/Gruber/Benesty/Goldsmith/Chatterjee/Rosenberger/Rossing pairings disposing of the dependents. Confidence: moderate‑to‑high on the framework and motives, moderate on the outcome, with the single greatest uncertainty being the exact issued wording of claims 1 and 13–16, which I could not verify directly and which the earlier generated claim summary appears to misstate.

Generated 9/22/2026, 2:21:53 PM

Extensions

Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.

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For US patent 11128710, here are the details regarding its term and related applications:

Patent Term Adjustments (PTA)

US Patent 11,128,710 has received a Patent Term Adjustment (PTA). The nominal 20-year term from the earliest priority date of January 9, 2012, would be January 9, 2032. However, the anticipated expiration date is listed as January 3, 2033. This indicates a PTA of approximately 369 days (one year and four days) has been granted to compensate for delays by the USPTO during prosecution.

Patent Term Extensions (PTE)

There is no indication that US Patent 11,128,710 has received a Patent Term Extension (PTE). PTE is typically available for patents covering certain human drug products, food or color additives, medical devices, animal drugs, and veterinary biological products that require premarket government approval from a regulatory agency like the FDA. The subject matter of this patent, "System and method for server-based control," does not fall into these categories.

Continuation Applications, Divisional Applications, and Related Family Members

US Patent 11,128,710 (from application US15/657,163) is part of a larger patent family, with numerous related applications claiming priority. The Google Patents timeline for US11128710B2 lists an earliest priority date of January 9, 2012. Many subsequent applications claim priority to this original family. These are referred to as continuing applications (either continuations or divisionals).

The following are identified as related family members that claim priority from this patent's lineage:

  • US20170331899A1 (Publication of US15/657,163) - Publication date: 2017-11-16
  • US15/832,787 (leads to US20180124181A1) - Priority date: 2017-12-06
  • US16/053,834 (leads to US11375018B2) - Priority date: 2018-08-03
  • US16/874,699 (leads to US11336726B2) - Priority date: 2020-05-15
  • US16/874,700 (leads to US12192283B2) - Priority date: 2020-05-15
  • US17/408,549 (leads to US12010174B2) - Priority date: 2021-08-23
  • US17/408,541 (leads to US12081620B2) - Priority date: 2021-08-23
  • US17/528,724 (leads to US20220078243A1) - Priority date: 2021-11-17
  • US17/734,149 (leads to US12556606B2) - Priority date: 2022-05-02
  • US17/844,150 (leads to US20220321661A1) - Priority date: 2022-06-20
  • US18/418,283 (leads to US12137144B2) - Priority date: 2024-01-21
  • US18/418,285 (leads to US12177301B2) - Priority date: 2024-01-21
  • US18/675,220 (leads to US12316706B2) - Priority date: 2024-05-28
  • US18/797,581 (leads to US20240396971A1) - Priority date: 2024-08-08
  • US18/928,051 (leads to US20250055911A1) - Priority date: 2024-10-27
  • US18/928,050 (leads to US20250047747A1) - Priority date: 2024-10-27
  • US18/928,057 (leads to US20250055913A1) - Priority date: 2024-10-27
  • US19/201,954 (leads to US12401721B1) - Priority date: 2025-05-08
  • US19/201,951 (leads to US12401720B1) - Priority date: 2025-05-08
  • US19/218,295 (leads to US20250392643A1) - Priority date: 2025-05-25
  • US19/298,308 (leads to US20250373695A1) - Priority date: 2025-08-13
  • US19/298,297 (leads to US20250373694A1) - Priority date: 2025-08-13

Projected Expiration Date

The projected expiration date for US Patent 11,128,710 is January 3, 2033. This date is calculated as 20 years from the earliest effective filing date (January 9, 2012), plus any applicable Patent Term Adjustment.

Generated 5/28/2026, 1:49:09 PM

Derivative works

Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.

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