DETAILED ACTION
Response to Amendment
Applicant's submission filed on September 18, 2025 has been entered.
Claims 1, 3-4, and 15 are amended.
Claim 2 is cancelled.
Claims 1 and 3-15 are pending this application.
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 1, 3-4 and 6-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang ‘775 (US 2018/0351775 A1) in view of Downey (WO 2018/060687 A1).
Regarding Claim 1, Zhang teaches a method of detecting presence in a space, the method comprising [0133, 0253]:
- entering a monitoring state [0135 for asynchronous motion detection, 0206],
- receiving one or more first signals from one or more radio frequency sensors [0133-0134 for element 110 and 120],
- analyzing the one or more first signals to determine that a being is present in the space [0134, 0253],
- controlling, when the presence of the being has been determined, a device configured to provide a stimulus perceivable by the being in the space to provide the stimulus [0133-0134, 0136],
- receiving one or more second signals from the one or more radio frequency sensors when the stimulus has been provided [0132-0134, 0195-0196 for using different types of sensing],
- analyzing the one or more second signals [0132 for analyzing movement and giving it a color based on intensity, 0197],
- detecting a physical response to the stimulus of the being based on the analyzed one or more second signals [0132 for means to detect suspicious event or a fall, 0181],
- generating a notification command and/or a control command based on the physical response, and [0127-0128 for means to generate an alarm or notification. 0132 for getting color variations on GUI]
- communicating a signal indicative of the notification command and/or the control command to a controllable device or an application [0143].
Zhang ‘775 fails to explicitly teach after the stimulus has been provided, detecting a physical response to the stimulus of the being based on the analyzed one or more second signals,
determining if the detected physical response corresponds to an authorized or an unauthorized physical response, and when the detected physical response corresponds to an unauthorized physical response, the signal being indicative of the unauthorized physical response.
Downey has an alarm system for monitoring an environment, e.g. a house or business premises, on one or more security criteria, e.g. intruder/burglar detection or fire detection (abstract) and teaches after the stimulus has been provided, detecting a physical response to the stimulus of the being based on the analyzed one or more second signals [page 10, lines 15-37 for having a stimulus of a fire alarm and monitoring the physical response to determine if the person is a burgler or someone accidently trapped in the building],
determining if the detected physical response corresponds to an authorized or an unauthorized physical response [page 10, lines 27-37 for determining in there is an intruder based on the behavior of the person with page 11, lines 1-5],
and when the detected physical response corresponds to an unauthorized physical response, the signal being indicative of the unauthorized physical response [page 10, lines 27-37 for determining in there is an intruder based on the behavior of the person with page 11, lines 1-5 for means to determine if person should be apprehended or rescued].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion monitoring techniques, as disclosed by Zhang ‘775, further including the authorized response as taught by Downey for the purpose to confirm and validate the first detection (Downey, page 10, lines 15-27).
Regarding Claim 3, Zhang teaches if the detected physical response corresponds to an authorized physical response [0253 for detecting the presence of a vital sign],
a second signal is communicated to the controllable device or the application [0274-0275].
Regarding Claim 4, Zhang teaches if the detected physical response corresponds to an authorized physical response [0253 for detecting the presence of a vital sign],
a second signal is communicated to a second controllable device or a second application [0274-0276].
Regarding Claim 6, Zhang teaches the physical response is a movement of the being [0275],
and wherein the signal is communicated if the movement corresponds to a predefined movement [0276-0277].
Regarding Claim 7, Zhang teaches the physical response is a change in breathing or a change in heart rate of the being [0197, 0244],
and wherein the signal is communicated if the change in breathing or a change in heart rate corresponds to a predefined change 0197, 0244].
Regarding Claim 8, Zhang teaches the stimulus is provided by providing a sound in the space, by changing the light output of a lighting unit in the space [0200],
by generating an air movement in space [0200 for smart air conditioner],
by movement of a robot or by opening or closing of an automatic door or window [0200 for smart door, 0244].
Regarding Claim 9, Zhang teaches the step of: - identifying the being based on the physical response [0253 for using gesture control],
and - generating the notification and/or the control command based on the identified being [0253 for using location-based gesture control].
Regarding Claim 10, Zhang teaches the controllable device is located in the space [0275-0277].
Regarding Claim 11, Zhang teaches the controllable device is located remotely from the space, or wherein the application is running on a remote device located remotely from the space [0275].
Regarding Claim 12, Zhang teaches the one or more first signals are received from one or more first radio frequency sensors located at a first position with respect to the being [0276 for first position of exercising in the living room],
and wherein the one or more second signals are received from one or more second radio frequency sensors located at a second position with respect to the being [0277 for monitoring a routine in the kitchen and living room with sensors located in multiple areas of the house].
Regarding Claim 13, Zhang teaches the one or more first signals are communicated via a first communication technology [0274 for first communication technology using motion detecting Bot element 110 and 120],
and wherein the one or more second signals are communicated via a second communication technology [0275 for warning signal sent view base stations to smart phone].
Regarding Claim 14, Zhang teaches non-transitory computer program product for a computing device [0275],
the computer program product comprising computer program code to perform the method [0276],
when the computer program product is run on a processing unit of the computing device [0277].
Regarding Claim 15, Zhang teaches a monitoring device for detecting presence in a space, the monitoring device comprising [0133, 0253]:
a communication unit configured to receive one or more first signals from one or more radio frequency sensors, a processor (106) configured to [0133-0134 for element 110 and 120]:
- enter a monitoring state [0135 for asynchronous motion detection, 0206],
- analyze the one or more first signals to determine that a being is present in the space [0134, 0253],
- control, when the presence of the being has been determined, a device configured to provide a stimulus perceivable by the being in the space to provide the stimulus [0133-0134, 0136],
- receive, via the communication unit, one or more second signals from the one or more radio frequency sensors when the stimulus has been provided [0132-0134, 0195-0196 for using different types of sensing],
- analyze the one or more second signals [0132 for analyzing movement and giving it a color based on intensity, 0197],
- identify a physical response to the stimulus of the being (150) based on the analyzed one or more second signals [0132 for means to detect suspicious event or a fall, 0181],
- generate a notification command and/or a control command based on the physical response [0127-0128 for means to generate an alarm or notification. 0132 for getting color variations on GUI],
and - communicate a signal indicative of the notification command and/or the control command to a controllable device or an application [0143].
Zhang ‘775 fails to explicitly teach after the stimulus has been provided, detecting a physical response to the stimulus of the being based on the analyzed one or more second signals,
determining if the detected physical response corresponds to an authorized or an unauthorized physical response, and when the detected physical response corresponds to an unauthorized physical response, the signal being indicative of the unauthorized physical response.
Downey has an alarm system for monitoring an environment, e.g. a house or business premises, on one or more security criteria, e.g. intruder/burglar detection or fire detection (abstract) and teaches after the stimulus has been provided, detecting a physical response to the stimulus of the being based on the analyzed one or more second signals [page 10, lines 15-37 for having a stimulus of a fire alarm and monitoring the physical response to determine if the person is a burgler or someone accidently trapped in the building],
determining if the detected physical response corresponds to an authorized or an unauthorized physical response [page 10, lines 27-37 for determining in there is an intruder based on the behavior of the person with page 11, lines 1-5],
and when the detected physical response corresponds to an unauthorized physical response, the signal being indicative of the unauthorized physical response [page 10, lines 27-37 for determining in there is an intruder based on the behavior of the person with page 11, lines 1-5].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion monitoring techniques, as disclosed by Zhang ‘775, further including the authorized response as taught by Downey for the purpose to confirm and validate the first detection (Downey, page 10, lines 15-27).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang ‘775 (US 2018/0351775 A1) in view of Downey (WO 2018/060687 A1) as applied to claim 1 above, and in further view of Zhang ‘980 (US 2019/0178980 A1).
23. Regarding Claim 5, Zhang’775 teaches the steps of: - activating a learning state [0132 for predicting behavior, 0235],
- learning, over time, physical responses to provided stimuli of one or more authorized beings, and [0132 for performing analytics with a GUI and an app, 0277].
Zhang ‘775 fails to explicitly teach -storing the physical responses of the authorized being in a database.
Zhang ‘980 has systems for detecting and monitoring vital signs in real time (abstract) and teaches -storing the physical responses of the authorized being in a database [0303].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion monitoring techniques, as disclosed by Zhang ‘775, further including the storage techniques as taught by Zhang ‘980 for the purpose to authentication and access control (Zhang ‘980, 0303).
Response to Arguments
Applicant’s arguments with respect to claims 1, and 3-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In applicant’s arguments, page 2 first paragraph, applicant states that there is no determination of authorized or unauthorized motion. The examiner respectfully disagrees. Zhang ‘775 teaches determining activities in the categories of abnormal, unexpected, and suspicious that classify these responses against predicted behavior [Zhang ‘775, 0132]. Furthermore, new reference Downey teaches using two detection means and determining if the person is an intruder (unauthorized response) and a trapped person (authorized response).
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 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 SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kelleher can be reached on 571-272-7753 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648