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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 14, 2026 has been entered.
Claims 1 and 15 are amended.
Claim 2 and 12 are cancelled.
Claim 16 is new.
Claims 1, 3-11, and 13-16 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 DiPoala et al (US 2005/0231353 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 [0131 for the spatial-temporal information may indicate a detection of motion of an object in different rooms of a house and 0143]
wherein 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, 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 [0141 for using Type 1 devices (first sensor) and type 2 devices (second senor) that each track individually].
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 and the first position being vertically higher than the second position within the space.
DiPoala has an intrusion detection system includes a microwave transceiver detecting motion in a protected space (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 [0050 for distinguish between a human intruder and a pet (authorized) when determining whether to activate alarm],
determining if the detected physical response corresponds to an authorized or an unauthorized physical response [0050-0051],
and when the detected physical response corresponds to an unauthorized physical response, the signal being indicative of the unauthorized physical response [0045 for threshold sensing function, compared to a reference voltage from output of microprocessor, that rejects outputs not indicative of a human intruder, with 0050-0051]
the first position being vertically higher than the second position within the space [0033-0034 for using both upper and lower detection zones with different angles for sensing].
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 detection zones as taught by DiPoala for the purpose to ensure that there is no overlap between detection zones (DiPoala, 0035).
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 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]
wherein 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, 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 [0141 for using Type 1 devices (first sensor) and type 2 devices (second senor) that each track individually].
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, the signal being indicative of the unauthorized physical response and the first position being vertically higher than the second position within the space.
DiPoala has an intrusion detection system includes a microwave transceiver detecting motion in a protected space (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 [0050 for distinguish between a human intruder and a pet (authorized) when determining whether to activate alarm],
determining if the detected physical response corresponds to an authorized or an unauthorized physical response [0050-0051],
and when the detected physical response corresponds to an unauthorized physical response, the signal being indicative of the unauthorized physical response [0045 for threshold sensing function, compared to a reference voltage from output of microprocessor, that rejects outputs not indicative of a human intruder, with 0050-0051]
the first position being vertically higher than the second position within the space [0033-0034 for using both upper and lower detection zones with different angles for sensing].
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 detection zones as taught by DiPoala for the purpose to ensure that there is no overlap between detection zones (DiPoala, 0035).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang ‘775 (US 2018/0351775 A1) in view of DiPoala (US 2005/0231353 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, 3-11, and 13-16 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 1 fourth paragraph, applicant states that the office action fails to teach a first and second signal with the signal being indicative of the unauthorized physical response and the first position being vertically higher than the second position within the space. The examiner appreciates the applicant’s amendments. New reference DiPoala teaches detects sources of infrared energy that are disposed at least partially within upper (vertically higher) and lower detection zones [DiPoala, 0033-0034].
Conclusion
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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