DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 22, 206 has been entered.
The examiner acknowledges the amendments to claims 31, 39 and 46. Claims 31-41 and 43-46 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see at least pages 9 and 10 of the Remarks, filed June 22, 2026, with respect to the rejections of claims 31, 39 and 46 under 35 USC 103 as being unpatentable over Bradley in view of Yuyama and Trundle have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bradley et al. (US 2019/0086890 A1) in view of Wang et al. (CN 210129902 U).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “102” as mentioned in paragraphs [0026] and [0045]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a drive mechanism configured to [move/physically displace] the physical privacy cover” with an actuator in claims 31, 39 and 46.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Paragraphs [0046] and [0051] define “one or more solenoids or one or more motors” as structures corresponding the “drive mechanism.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 31-41 and 43-46 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 31, 39 and 46, the limitation “the health sensor” has insufficient antecedent basis in the claims. This limitation is recited at lines 9 and 11-12 of claim 31, lines 10 and 12-13 of claim 39 and lines 9 and 11-12 of claim 46. It is unclear if this limitation is directed to the sensor for detecting a health condition that the sensor cavity recited in each claim is configured to support or another, distinct sensor. Moreover, it is noted that none of the independent claims positively recite that any sensor is part of the mirror cabinet. Accordingly, it is unclear how the physical privacy sensor “positioned adjacent to the health sensor” and “blocking a field of view of the health sensor… [and] revealing the health sensor” relates to the other components of the cabinet other than the drive mechanism, which is also not defined as having any clear relationship to the other components of the mirror cabinet.
Regarding claims 31, 39 and 46, the limitation “the proximity signal” has insufficient antecedent basis in the claims. This limitation is recited at line 12 of claim 31, line 13 of claim 39 and line 12 of claim 46. It is unclear if this signal is a product of the proximity sensor recited earlier in the respective claims, and how the drive mechanism responds to any signal from the proximity sensor as there is no relationship or communication defined between those elements.
Regarding claim 34, the claim is indefinite as it is unclear whether the recited “lens cover” is the same element as the “physical privacy cover” recited in claim 31 or a separate and distinct element having no defined relationship to the other components of the mirror cabinet.
Regarding claim 35, the claim is indefinite as it is unclear whether the recited “sensor cavity cover” is the same element as the “physical privacy cover” recited in claim 31 or a separate and distinct element having no defined relationship to the other components of the mirror cabinet.
Regarding claim 43, the claim is indefinite as it is unclear whether the recited “sensor cavity cover” is the same element as the “physical privacy cover” recited in claim 39 or a separate and distinct element having no defined relationship to the other components of the mirror cabinet.
Claim 45 recites the limitation "the display" in line 1. There is insufficient antecedent basis for this limitation in the claim. There is no display recited in claims 39 or 45 prior to this recitation.
Claim Rejections - 35 USC § 103
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, 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 31-37, 39-41, 43-44 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Bradley et al. (US 2019/0086890 A1) in view of Wang et al. (CN 210129902 U).
Regarding claim 31, Bradley et al. teach a mirror cabinet 101, 120 (see figs. 11A-12 and 14A-14B) comprising: a mirror frame (i.e., a support housing for the mirror) (see [0133], figs. 14A-14B) configured to support a mirror substrate that provides a reflection of one or more users in proximity of the mirror cabinet (see [0126] and [0133], figs. 11A-12 and 14A-14B); a sensor cavity 102, 121 (see figs. 11A, 14A and 14B, [0127]-[0130]) coupled to the mirror frame and configured to support a sensor for detecting a health condition of the one or more users in proximity to the mirror cabinet (i.e., the sensor is an image collection device that collects images of a user for determining properties such as skin qualities, inflammation, hormone imbalance, or other abnormalities) (see [0127], [0133]-[0134], figs. 11A, 14A and 14B); a controller 123 (i.e., a control module) configured to analyze data received from the sensor to determine the health condition (i.e., the control module analyzes sensor data to determine a condition of a user such as a temperature, a heart rate, a height, a weight, a drowsiness, a complexion, a malnutrition or other conditions, such as muscle conditions) (see [0094], [0098], [0100]-[0101], [0127], [0133]-[0136]); and a proximity sensor 147 that detects a presence of an object such as a user within a predetermined distance range and used in coordination with sensor 102 (see [0127]-[0128], [0146], [0148], fig. 16). Bradley fails to teach a physical privacy cover positioned adjacent to a health sensor and a drive mechanism move the physical privacy cover from a closed position blocking a field of view of the health sensor to an open position revealing the health sensor; and, in response to the proximity signal, energize an actuator of the drive mechanism to physically displace the physical privacy cover from the closed position to the open position.
Wang et al. teach a smart mirror and mirror cabinet 100 including a display screen 102, a sensor/camera 103 for performing skin detection and health problem diagnosis, a cover 104 and a microwave proximity sensor 114. The cover 104 is operated by a motor under control of a control module move from a closed position blocking a field of view of the camera to an open position revealing the camera. The microwave sensor 114 is used as a proximity sensor detecting the presence of an object or user to wake up or control the mirror.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bradley et al. to include a physical cover and a drive mechanism configured to open and close a field of view of the sensor camera by moving the physical cover similar to that taught by Wang et al. in order to shield the camera when not in use and protect the personal privacy of the user.
Regarding claim 32, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 31, and Bradley et al. further teach that the sensor is a camera and the controller performs an image processing algorithm on images collected by the camera in order to determine the health condition of the one or more users (i.e., sensor data is collected by a camera/image collection device and image processing techniques are used to determine properties/characteristics of a user) (see Bradley et al., [0094], [0127], [0129]).
Regarding claim 33, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 31, and Wang et al. teach that the drive mechanism lowers or raises the sensor cavity with respect to the mirror frame (see Wang et al fig. 9-14).
Regarding claim 34, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 31, and Wang et al. teach the drive mechanism retracts a lens cover 104 for the sensor 103.
Regarding claim 35, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 31, and Wang et al. teach the drive mechanism (motor and control module) lowers a sensor cavity cover 104.
Regarding claim 36, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 31, and Bradley et al. further teach the mirror cabinet further comprises a display 105 (i.e., a user interface display) configured to display the health condition (i.e., the user interface is configured to receive instructions from the user and display data to the user such as muscle conditions the user may have) (see Bradley et al., [0127], [0131], fig. 11A-11B).
Regarding claim 37, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 36, and Bradley et al. further teach the display also provides a state of a timer for the user (i.e., the user interface display includes a temporal component) (see Bradley et al, par [0132], figs. 11A-11B, 12).
Regarding claim 39, Bradley et al. teach a mirror cabinet 101, 120 (see figs. 11A-12 and 14A-14B) comprising: a mirror frame (i.e., a support housing for the mirror) (see [0133], figs. 14A-14B) configured to support a mirror substrate that provides a reflection of one or more users in proximity of the mirror cabinet (see [0126] and [0133], figs. 11A-12 and 14A-14B); a sensor cavity 102, 121 (see figs. 11A, 14A and 14B, [0127]-[0130]) coupled to the mirror frame and configured to support a sensor for detecting a health condition including blood pressure of the one or more users in proximity to the mirror cabinet (i.e., the sensor is an image collection device that collects images of a user for determining properties such as skin qualities, inflammation, hormone imbalance, or other abnormalities, wherein sensor data further includes temperature, stress, blood pressure, or wakefulness) (see [0111], [0127], [0133]-[0134], figs. 11A, and 14A-4B); a controller 123 (i.e., a control module) configured to analyze data received from the sensor to determine the blood pressure (i.e., the control module analyzes sensor data to determine a condition of a user such as a temperature, a heart rate, a height, a weight, a drowsiness, a complexion, a malnutrition or other conditions, such as muscle conditions) (see [0094], [0098], [0100]-[0101], [0127], [0133]-[0136]); and a proximity sensor 147 that detects a presence of an object such as a user within a predetermined distance range and used in coordination with sensor 102 (see [0127]-[0128], [0146], [0148], fig. 16). Bradley fails to teach a physical privacy cover positioned adjacent to a health sensor and a drive mechanism move the physical privacy cover from a closed position blocking a field of view of the health sensor to an open position revealing the health sensor; and, in response to the proximity signal, energize an actuator of the drive mechanism to physically displace the physical privacy cover from the closed position to the open position.
Wang et al. teach a smart mirror and mirror cabinet 100 including a display screen 102, a sensor/camera 103 for performing skin detection and health problem diagnosis, a cover 104 and a microwave proximity sensor 114. The cover 104 is operated by a motor under control of a control module move from a closed position blocking a field of view of the camera to an open position revealing the camera. The microwave sensor 114 is used as a proximity sensor detecting the presence of an object or user to wake up or control the mirror.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bradley et al. to include a physical cover and a drive mechanism configured to open and close a field of view of the sensor camera by moving the physical cover similar to that taught by Wang et al. in order to shield the camera when not in use and protect the personal privacy of the user.
Regarding claim 40, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 39, and Bradley et al. further teach that the sensor is a camera and the controller performs an image processing algorithm on images collected by the camera in order to determine the health condition of the one or more users (i.e., sensor data is collected by a camera/image collection device and image processing techniques are used to determine properties/characteristics of a user) (see Bradley et al., [0094], [0127], [0129]).
Regarding claim 41, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 39, and Wang et al. teach that the drive mechanism lowers or raises the sensor cavity with respect to the mirror frame (see Wang et al fig. 9-14).
Regarding claim 43, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 39, and Wang et al. teach the drive mechanism (motor and control module) lowers a sensor cavity cover 104.
Regarding claim 44, Bradley et al. as modified with Wang et al. teach the mirror cabinet of claim 39, and Bradley et al. further teach the mirror cabinet further comprises a display 105 (i.e., a user interface display) configured to display the health condition (i.e., the user interface is configured to receive instructions from the user and display data to the user such as muscle conditions the user may have) (see Bradley et al., [0127], [0131], fig. 11A-11B).
Regarding claim 46, Bradley et al. teach a mirror cabinet 101, 120 (see figs. 11A-12 and 14A-14B) comprising: a mirror frame (i.e., a support housing for the mirror) (see [0133], figs. 14A-14B) configured to support a mirror substrate that provides a reflection of one or more users in proximity of the mirror cabinet (see [0126] and [0133], figs. 11A-12 and 14A-14B); a sensor cavity 102, 121 (see figs. 11A, 14A and 14B, [0127]-[0130]) coupled to the mirror frame and configured to support a sensor for detecting a health condition of the one or more users in proximity to the mirror cabinet (i.e., the sensor is an image collection device that collects images of a user for determining properties such as skin qualities, inflammation, hormone imbalance, or other abnormalities) (see [0127], [0133]-[0134], figs. 11A, 14A and 14B); a controller 123 (i.e., a control module) configured to analyze data received from the sensor to determine the health condition (i.e., the control module analyzes sensor data to determine a condition of a user such as a temperature, a heart rate, a height, a weight, a drowsiness, a complexion, a malnutrition or other conditions, such as muscle conditions) (see [0094], [0098], [0100]-[0101], [0127], [0133]-[0136]); a display 105 configured to display the health condition (i.e., the user interface is configured to receive instructions from the user and display data to the user such as muscle conditions the user may have) (see Bradley et al., [0127], [0131], fig. 11A-11B); and a proximity sensor 147 that detects a presence of an object such as a user within a predetermined distance range and used in coordination with sensor 102 (see [0127]-[0128], [0146], [0148], fig. 16). Bradley fails to teach a physical privacy cover positioned adjacent to a health sensor and a drive mechanism move the physical privacy cover from a closed position blocking a field of view of the health sensor to an open position revealing the health sensor; and, in response to the proximity signal, energize an actuator of the drive mechanism to physically displace the physical privacy cover from the closed position to the open position.
Wang et al. teach a smart mirror and mirror cabinet 100 including a display screen 102, a sensor/camera 103 for performing skin detection and health problem diagnosis, a cover 104 and a microwave proximity sensor 114. The cover 104 is operated by a motor under control of a control module move from a closed position blocking a field of view of the camera to an open position revealing the camera. The microwave sensor 114 is used as a proximity sensor detecting the presence of an object or user to wake up or control the mirror.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bradley et al. to include a physical cover and a drive mechanism configured to open and close a field of view of the sensor camera by moving the physical cover similar to that taught by Wang et al. in order to shield the camera when not in use and protect the personal privacy of the user.
Claims 38 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Bradley et al. (US 2019/0086890 A1) in view of Wang et al. (CN 210129902 U).
Regarding claims 38 and 45, Bradley et al. and Wang et al. teach all of the limitations of the claim except that the display of the mirror cabinet provides a message indicating that the sensor is currently collecting data. The message displayed on the display brings no additional structure to the claimed apparatus and lacks a functional relationship between the display and the cabinet, and therefore has negligible patentable weight. However, Bradley et al. does teach that an apparatus for aggregation of data indicative of a water condition at a household appliance comprises a communication interface that sends a reporting message that indicates sensor data is collected by at least one appliance connected to a central server (see Bradley, par 0008-0009, 0287-0288, 0291-0292). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bradley as modified by Yuyama and Trundle such that the display of the mirror cabinet provides a message indicating that the sensor is currently collecting data because that would permit the display of the mirror cabinet to indicate to a user sensor identifiers and timestamps associated with the collection of sensor data of the user (see Bradley, par 0291).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cao et al. (US 10,845,511 B2) teach a smart mirror with a plurality of sensors including at least one proximity sensor that controls activation of the smart mirror.
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/CHARLES A MARMOR II/Supervisory Patent Examiner, Art Unit 3791
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