DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office Action is in response to the submission filed 2025-11-25 (herein referred to as the Reply) where claim(s) 1-13 are pending for consideration.
Terminal Disclaimer
The terminal disclaimer filed on 2025-11-25 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of corresponding patent US12166572 has been reviewed and is not accepted (DISAPPROVED).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 14 of U.S. Patent No. 12166572 in view of Amini_243 (US20190261243), and further view of HAN_035 (US20200205035)
Claim(s) 1, 11, 12
The claims are unpatentable over claim(s) 1, 14 of U.S. Patent No. 12166572 in view of Amini_243.
Instant claim 1 has the same features of claim(s) 1, 14 of U.S. Patent No. 12166572 – both requires a primary and secondary hub radio that communicates with a monitoring device via a device primary and secondary radio. The primary radios communicate over a first path over a first frequency while the secondary radios communicate over a second path over a second frequency. The difference between the claims is that instant claim 1 further requires:
“a first transmission range to define a primary coverage zone”
“a second transmission range to define a secondary coverage zone,” and
“the second transmission range being longer than the first transmission range”
“a device secondary radio configured to transmit data at a second frequency… in the event of a communication failure in the primary communication path”
However Amini_243 teaches
a first transmission range to define a primary coverage zone, a second transmission range to define a secondary coverage zone, and the second transmission range being longer than the first transmission range. First path over a 5Ghz channel and a second path over a 2.4 Ghz channel, where the 2.4Ghz provides a longer range than the 5Ghz <FIGs. 3, 5, 7; para. 0039-0041, 0079-0082>
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by claim(s) 1, 14 of U.S. Patent No. 12166572 with the embodiment(s) disclosed by Amini_243. One of ordinary skill in the art would have been motivated to make this modification in order to provide improved video quality in a wireless video camera system and therefore represents a significant technological improvement in the functionality of such wireless video camera systems . See Amini_243 at para. 0023.
However in a similar endeavor, HAN_035 teaches
“a device secondary radio configured to transmit data at a second frequency… in the event of a communication failure in the primary communication path” Link aggregation between two devices includes a first link using a higher frequency and second, backup link using a frequency. The second link is a backup path for network data in the event the higher frequency signal is no longer available. <FIG(s). 1, 3, 4; para. 0041>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by claim(s) 1, 14 of U.S. Patent No. 12166572 and AMINI_243 with the embodiment(s) disclosed by HAN_035. One of ordinary skill in the art would have been motivated to make this modification in order to utilize multiple wireless network link radios that transmit data using different frequencies to increase the reliability of the wireless networking link. <para. 0020-0021>.
Dependent claim 11 is not patently distinct from claim 13 of U.S. Patent No. 12166572. Although the claims at issue are not identical, they are not patentably distinct from each other because: the claim(s) at issue only differ by small grammatical nuances, sentence structure arrangement, use of patentably indistinguishable synonyms, and/or a combination thereof. The differences do not change the claim scope such that the claim(s) at issue are patentably distinct.
35 USC §103 - Claim Rejections
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035)
Claim(s) 1
AMINI_243 teaches
a hub primary radio configured to transmit data in a first transmission range to define a primary coverage zone; Radio configured for 5Ghz channel communications over the range associated with 5Ghz spectrum. <FIG(s). 11, 12, 2, 3, 5, 7; para. 0039-0040, 0052, 0071-0082, 0097-0099>.
a hub secondary radio configured to transmit data in a second transmission range to define a secondary coverage zone through a secondary communication path, Wireless network device including a radio configured for 2.4Ghz channel communications over the range associated with 2.4Ghz spectrum. <FIG(s). 11, 12, 2, 3, 5, 7; para. 0039-0040, 0052, 0071-0082, 0097-0099>.
the second transmission range being longer than the first transmission range; 2.4Ghz spectrum has a longer range than 5Ghz spectrum. <para. 0097>.
a monitoring device configured to monitor a characteristic within the environment, the monitoring device including: Wireless camera for monitoring area coverage, the wireless camera has multiple radios for communicating over different bands/spectrums. <FIG(s). 1, 3, 4, 7; para. 0039-0042, 0044-0045, 0048, 0051, 0076-0089, 0092-0103>.
a device primary radio configured to transmit data at a first frequency within a first frequency band to communicate with the hub primary radio through the primary communication path; Wireless camera includes radio for communicating over a 5Ghz channel at a corresponding first frequency. <FIG(s). 1, 3, 4, 7; para. 0039-0042, 0044-0045, 0048, 0051, 0076-0089, 0092-0103>.
a device secondary radio configured to transmit data at a second frequency within a frequency band that is lower than the first frequency band to communicate with the hub secondary radio through the secondary communication path
AMINI_243 does not explicitly teach
a device secondary radio configured to transmit data at a second frequency within a frequency band that is lower than the first frequency band to communicate with the hub secondary radio through the secondary communication path in the event of a communication failure in the primary communication path.
However in a similar endeavor, HAN_035 teaches
a device secondary radio configured to transmit data at a second frequency within a frequency band that is lower than the first frequency band to communicate with the hub secondary radio through the secondary communication path in the event of a communication failure in the primary communication path. Link aggregation between two devices includes a first link using a higher frequency and second, backup link using a frequency. The second link is a backup path for network data in the event the higher frequency signal is no longer available. <FIG(s). 1, 3, 4; para. 0041>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 with the embodiment(s) disclosed by HAN_035. One of ordinary skill in the art would have been motivated to make this modification in order to utilize multiple wireless network link radios that transmit data using different frequencies to increase the reliability of the wireless networking link. <para. 0020-0021>.
Claim(s) 2
AMINI_243 teaches
a base station hub housing the hub primary radio and 5Ghz radio within a wireless networking device such as a base station or wireless AP <FIG(s). 15, 2; para. 0038-0040, 0111-0115>.
a security hub housing the hub secondary radio. 2.4 Ghz radio within a wireless networking device such as a base station or wireless AP. In one embodiment, explicitly stated is the components of the computing system can be distributed across one or more entities. In view of this feature, it would be obvious that the 2.4Ghz radio could be placed in another housing in a distributed fashion as disclosed. <FIG(s). 1, 15, 2, 7; para. 0038-0040, 0077, 0111-0115>.
Claim(s) 11
AMINI_243 teaches
wherein the monitoring device is defined by at least one of:
an imaging device that is configured to capture visual images or video of a monitored area within the environment; Wireless camera for monitoring area coverage, the wireless camera has multiple radios for communicating over different bands/spectrums. <FIG(s). 1, 3, 4, 7; para. 0039-0042, 0044-0045, 0048, 0051, 0076-0089, 0092-0103>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035), and further view of ANANTHARAMAN_165 (US20180343165)
Claim(s) 3
AMINI_243 does not explicitly teach
wherein the base station hub is integrated into a gateway router.
However in a similar endeavor, ANANTHARAMAN_165 teaches
wherein the base station hub is integrated into a gateway router. Central access point may be integrated or collocated with the gateway device. AP can have multiple radios (such as 2.4 GHz or 5 GHz support, dual-band single radio, dual band dual concurrent radios (DBDC), or the like). <FIG(s). 1; para. 0035>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 and HAN_035 with the embodiment(s) disclosed by ANANTHARAMAN_165. One of ordinary skill in the art would have been motivated to make this modification in order to optimize wireless coverage for the local network or to manage steering of the client device between APs <para. 0030>.
Claim(s) 4
AMINI_243 does not explicitly teach
gateway router is connected to a WAN (wide area network) though an Internet provider.
However in a similar endeavor, ANANTHARAMAN_165 teaches
gateway router is connected to a WAN (wide area network) though an Internet provider. A gateway device may provide access between the local network and the broadband network. For example, the gateway device can couple to the broadband network through a cable, a fiber optic, a powerline, Ethernet, or digital subscriber line (DSL) network connection. <FIG(s). 1, 2; para. 0035, 0041>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 with the embodiment(s) disclosed by ANANTHARAMAN_165. One of ordinary skill in the art would have been motivated to make this modification in order to optimize wireless coverage for the local network or to manage steering of the client device between APs <para. 0030>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035), in view of ANANTHARAMAN_165 (US20180343165), and further view of BRITT_881 (US20160195881)
Claim(s) 5
AMINI_243 does not explicitly teach
further comprising a security hub that is connected to the WAN through a cellular provider.
However in a similar endeavor, BRITT_881 teaches
further comprising a security hub that is connected to the WAN through a cellular provider . IoT hub, which includes security logic for encryption operations and therefore can be considered a security hub, is connected to the internet via cellular network. <FIG(s). 13, 1B; para. 0030-0033, 0103-0105; Claim(s) 10>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243, HAN_035 and ANANTHARAMAN_165 with the embodiment(s) disclosed by BRITT_881. One of ordinary skill in the art would have been motivated to make this modification in order to provide developers with an improved platform to design and build new IoT devices and applications <para. 0027>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035), and further view of SINGH_995 (US20160080995)
Claim(s) 6
AMINI_243 teaches
the secondary coverage zone extends beyond the primary coverage zone; and 2.4Ghz spectrum has a longer range than 5Ghz spectrum. <para. 0097>.
AMINI_243 does not explicitly teach
during an evaluation of a potential mounting location of the monitoring device that includes movement of the monitoring device, the system is configured to:
maintain communicative connection of the monitoring device to a WLAN (wireless local area network) while the monitoring device crosses a zone boundary defined between the primary coverage zone and the secondary coverage zone by automatically switching from implementing the primary communication path to implementing the secondary communication path.
However in a similar endeavor, SINGH_995 teaches
during an evaluation of a potential mounting location of the monitoring device that includes movement of the monitoring device, the system is configured to:
maintain communicative connection of the monitoring device to a WLAN (wireless local area network) while the monitoring device crosses a zone boundary defined between the primary coverage zone and the secondary coverage zone by automatically switching from implementing the primary communication path to implementing the secondary communication path. While UEs moves between coverages, a handover from Wi-Fi coverage/path to cellular coverage/path. UE can be embodied as a device having a microphone and camera and therefore can be considered a monitoring device. <FIG(s). 7, 8, 9; para. 0005, 0083-0086, 0090-0091, 0097-0101>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 and HAN_035 with the embodiment(s) disclosed by SINGH_995. One of ordinary skill in the art would have been motivated to make this modification in order to ensure seamless (i.e., without interruption and/or disconnect of the communication session) handover of real time sessions <para. 0005>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035), in view of SINGH_995 (US20160080995), and further view of LANDRY_109 (US20130208109)
Claim(s) 7
AMINI_243 does not explicitly teach
the monitoring device is configured to evaluate a connection status of the primary communication path; and the system is configured to communicatively connect a user device to the monitoring device and to receive the connection data from the monitoring device.
However in a similar endeavor, LANDRY_109 teaches
the monitoring device is configured to evaluate a connection status of the primary communication path; and the system is configured to communicatively connect a user device to the monitoring device and to receive the connection data from the monitoring device. Second electronic device, which can be a user device such as a smart phone, receives connection status information from the first electronic device (camera) including connection progress, whether any connection errors were detected (e.g., invalid security code, or inability to communicate with the device) and whether the connection was successfully established. <FIG(s). 3, 5; para. 0048, 0061, 0066-0068>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243, HAN_035 and SINGH_995 with the embodiment(s) disclosed by LANDRY_109. One of ordinary skill in the art would have been motivated to make this modification in order to provide a convenient and reliable method to connect an electronic device without user interface components to a wireless communication system <para. 0016>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035), in view of SINGH_995 (US20160080995), in view of LANDRY_109 (US20130208109), and further view of AMINI_987 (US20190260987)
Claim(s) 8
AMINI_243 does not explicitly teach
wherein the communicative connection between the user device and the monitoring device is defined by:
a communicative connection between the monitoring device and an external server outside of the WLAN, and a communicative connection between the external server and the user device.
However in a similar endeavor, AMINI_987 teaches
wherein the communicative connection between the user device and the monitoring device is defined by:
a communicative connection between the monitoring device and an external server outside of the WLAN, and a communicative connection between the external server and the user device. Camera provides stream to an external cloud server via base station. User device can acquire video streamed by the camera via a cloud server that is not in the WLAN. <FIG(s). 1, 10, 3; para. 0017, 0026, 0030-0033, 0043, 0046, 0081-0082>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243, HAN_035, SINGH_995 and LANDRY_109 with the embodiment(s) disclosed by AMINI_987. One of ordinary skill in the art would have been motivated to make this modification in order to provides techniques that addresses the challenge of encoder selection in a network-connected camera system <para. 0017>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035), and further view of BRISIMITZAKIS_392 (US20170160392)
Claim(s) 9
AMINI_243 does not explicitly teach
wherein the system is configured to cause a user device to display a message corresponding to a connectivity fault in the primary communication path when the monitoring device is positioned in a location that is both outside of the primary coverage zone and outside of the secondary coverage zone.
However in a similar endeavor, BRISIMITZAKIS_392 teaches
wherein the system is configured to cause a user device to display a message corresponding to a connectivity fault in the primary communication path when the monitoring device is positioned in a location that is both outside of the primary coverage zone and outside of the secondary coverage zone. Display screen on user device displayed a message indicating a sensor was disconnected. <FIG(s). 2A, 4A; para. 0065-0067, 0128-0130>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 and HAN_035 with the embodiment(s) disclosed by BRISIMITZAKIS_392. One of ordinary skill in the art would have been motivated to make this modification in order to provide an improved radar sensor system that presents situational awareness information <para. 0007>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of HAN_035 (US20200205035), and further view of LAURANS_446 (US20210360446)
Claim(s) 12
AMINI_243 teaches
a frequency band at or above 2.4 GHz Radio configured for 2.4Ghz or 5Ghz channel communications <FIG(s). 11, 12, 2, 3, 5, 7; para. 0039-0040, 0052, 0071-0082, 0097-0099>.
AMINI_243 does not explicitly teach
wherein the hub primary radio operates in a frequency band
However in a similar endeavor, LAURANS_446 teaches
wherein the hub primary radio operates in a frequency band
While the Examiner used AMINI_243 teaches to teach the “at or above 2.4Ghz” feature, note that LAURANS_446 teaches the first communication module being WiFi, which typically operations in 2.4Ghz or 5Ghz.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 and HAN_035 with the embodiment(s) disclosed by LAURANS_446. One of ordinary skill in the art would have been motivated to make this modification in order to enhance security at the monitored location <para. 0006>
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over AMINI_243 (US20190261243) in view of LAURANS_446 (US20210360446), and further view of LANDRY_109 (US20130208109)
Claim(s) 13
AMINI_243 teaches
a base station hub having a hub primary radio configured to transmit data in a first transmission range at first frequency of at least 2.4 MHZ to define a primary coverage in which the base station hub can communicate through a primary communication path; Radio configured for 5Ghz channel communications over the range associated with 5Ghz spectrum. <FIG(s). 11, 12, 2, 3, 5, 7; para. 0039-0040, 0052, 0071-0082, 0097-0099>.
a security hub having a hub secondary radio configured to transmit data in a second transmission range that is longer than the first transmission range to define a secondary coverage zone in which the security hub can communicate through a secondary communication path, Wireless network device including a radio configured for 2.4Ghz channel communications over the range associated with 2.4Ghz spectrum. In one embodiment, explicitly stated is the components of the computing system can be distributed across one or more entities. In view of this feature, it would be obvious that the 2.4Ghz radio could be placed in another housing in a distributed fashion as disclosed. The wireless devices provides network access to user and can be considered a security hub <FIG(s). 1, 2, 7; para. 0039-0040, 0052, 0071-0082, 0097-0099, 0111-0115>.
a monitoring device configured to monitor a characteristic within the environment, the monitoring device including: Wireless camera for monitoring area coverage, the wireless camera has multiple radios for communicating over different bands/spectrums. <FIG(s). 1, 3, 4, 7; para. 0039-0042, 0044-0045, 0048, 0051, 0076-0089, 0092-0103>.
a device primary radio configured to transmit data at the first frequency to communicate with the hub primary radio through the primary communication path; Wireless camera includes radio for communicating over a 5Ghz channel at a corresponding first frequency. <FIG(s). 1, 3, 4, 7; para. 0039-0042, 0044-0045, 0048, 0051, 0076-0089, 0092-0103>.
a device secondary radio configured to transmit data at the second frequency to communicate with the hub secondary radio through the secondary communication path; and Wireless camera includes radio for communicating over a 2.4hz channel at a corresponding second frequency. <FIG(s). 1, 3, 4, 7; para. 0039-0042, 0044-0045, 0048, 0051, 0076-0089, 0092-0103>.
AMINI_243 does not explicitly teach
the hub secondary radio being configured to transmit data at a second frequency in a sub-Ghz frequency band;
wherein the system is configured to cause a user device to receive connection data from the system relating to a connection status of the primary communication path.
However in a similar endeavor, LAURANS_446 teaches
wherein the system is configured to cause a user device to receive connection data from the system relating to a connection status of the primary communication path. Camera can include a first communications module arranged to send the video image data to the remote server via a first communications network having a first minimum bandwidth. As an example, the first communications module can be wifi. The camera can include a second communications module arranged to communicate via a second communications network. The second communications module can be a sub-GHz protocol module that allows the camera to communicate using a sub-GHz protocol network. <FIG(s). 1, 2; para. 0004-0005, 0036-0042>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 with the embodiment(s) disclosed by LAURANS_446. One of ordinary skill in the art would have been motivated to make this modification in order to enhance security at the monitored location <para. 0006>
However in a similar endeavor, LANDRY_109 teaches
wherein the system is configured to cause a user device to receive connection data from the system relating to a connection status of the primary communication path. Second electronic device, which can be a user device such as a smart phone, receives connection status information from the first electronic device (camera) including connection progress, whether any connection errors were detected (e.g., invalid security code, or inability to communicate with the device) and whether the connection was successfully established. <FIG(s). 3, 5; para. 0048, 0061, 0066-0068>.
While the Examiner used AMINI_243 teaches to teach the “at or above 2.4Ghz” feature, note that LAURANS_446 teaches the first communication module being WiFi, which typically operations in 2.4Ghz or 5Ghz.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by AMINI_243 and LAURANS_446 with the embodiment(s) disclosed by LANDRY_109. One of ordinary skill in the art would have been motivated to make this modification in order to provide a convenient and reliable method to connect an electronic device without user interface components to a wireless communication system <para. 0016>.
Allowable Subject Matter
Claim(s) is/are indicated as having allowable subject matter and objected to.
Claim(s) 10
The claim(s) is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The claim(s) recite variants of:
…wherein the system is configured to cause the user device to display a massage corresponding to a system fault connection…
The Examiner has interpreted this to mean that some media (e.g., picture or video) is displayed on the user device depicting content related to act of massaging (“the rubbing and kneading of muscles and joints of the body with the hands, especially to relieve tension or pain”), wherein the massaging is some how related to the monitoring device positioned outside both the primary and secondary zone. For example, the monitoring device was moved to record a massage taking place outside the zones.
Response to Arguments
The Reply’s arguments have been considered but are moot because the arguments do not apply to the rejection(s), which was necessitated by the Applicant’s amendments, being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE TACDIRAN whose telephone number is 571-272-1717. The examiner can normally be reached on M-TH, 10-5PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/ANDRE TACDIRAN/
Primary Examiner, Art Unit 2415