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 .
Claims 46-49, 60 and 65-66 are pending.
Claims 1-45, 50-59 and 61-64 are cancelled.
Response to Amendment
Applicant’s amendments to the claims have overcome each and every 101 rejections previously set forth. The 101 rejections of the claims have been withdrawn.
Response to Arguments
Applicant’s arguments, (see Amendment Page 7) with respect to the 102 rejection of the claims 46 and 65 are directed to that “Hunt does not make use of the device settings and user data that includes user access rights when determining a scenario for use of smart device by one or more user.”
Examiner respectfully disagrees and submits that Hunt teaches including “user access rights when determining a scenario for use of smart device by one or more user.” Hunt teaches that setting of the appliances are for only the registered user with appliances that are associated with the registered user, as described in at least paragraph [0066] (“In some embodiments, the user position module 205 accesses a list of registered users (e.g., stored in memory 160) and receives (or retrieves) user position data for each registered user on the list. For example, the user position module 205 may access a list of registered users associated with one or more smart appliances 115 that is stored in the registry 130.”) and paragraph [0076] (“Importantly, the appliance setting module 215 control the appliance setting based on the identity of one or more registered users travelling according to the travel scenario. In one embodiment, the travel scenario is not be user specific, such that any registered user may correspond to the travel scenario. The appliance setting module 215 sets the appliance setting to a specific value based on the identity of the registered user corresponding to the travel scenario.”), where the only the registered-user-associated appliances for the registered user at the location reads on the registered user having “user access rights” so that the settings of the registered-user-associated appliance may be set for the registered user at the location.
Hunt additionally teaches control or setting of appliances based on the registered user’s permitted list of appliances, as described in at least paragraph [0107] (“In some embodiments, the registration module 225 may receive user input for correlating one or more registered users with a particular appliance. For example, the particular appliance may be a smart coffee maker, wherein only registered users above a certain age may be registered with the smart coffee maker. In further embodiments, the registration module 225 may receive user input that correlates one or more smart appliances with each registered user. The correlated one or more smart appliances may be those smart appliances whose settings the registered user is permitted to control. For example, a registered user that is a child may not be permitted to control certain smart appliances, therefore the registration module 225 may only correlate those smart appliances the child is permitted to control with the child. A list of smart appliances a particular registered user is permitted to control (or alternatively, a list of smart appliances a particular registered user is not permitted control) may be stored in a user profile of that particular registered user.”), where the list of appliances that the registered user is permitted to control or the list of appliances that the registered user is not permitted to control reads on “user access rights”.
Accordingly, Examiner respectfully submits that Hunt “includes user access rights when determining a scenario for use of smart device by one or more user.”
For the foregoing reasons, Applicant’s argument is not deemed persuasive.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 46-48 and 65-66 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hunt et al. (US 2017/0285596 A1) (“Hunt”).
Regarding independent claim 46, Hunt teaches:
A method performed by a controller for controlling a smart device, the method comprising the controller: (Hunt: Abstract “For controlling an appliance setting based on user position, systems, apparatus, methods, and program products are disclosed. The apparatus may include a processor and a memory that stores code executable by the processor. In one embodiment, the processor monitors user position data for at least one registered user. In another embodiment, the processor identifies a travel scenario based on the user position data. In a further embodiment, the processor controls a setting of an appliance based on an identity of a registered user corresponding to the travel scenario.”) (Hunt: [0003] “An apparatus for controlling an appliance setting based on user position is disclosed. A method and computer program product also perform the functions of the apparatus. “) (Hunt: [0040] “Generally, the systems, apparatus, method, and program products described herein improve the user's experience of a smart appliance by controlling settings of the smart appliance based on the user's position.”) [The smart appliance reads on “a smart device”.]
obtaining user data for one or more users, the user data including, for each user, a user identity, a user access right to the smart device, and a current activity of the user; (Hunt: [0045] “FIG. 1 is a schematic block diagram illustrating a system 100 for controlling an appliance setting based on user position, according to embodiments of the disclosure. The system 100 includes at least one user device 105 belonging to a registered user. In one embodiment, each registered user is associated with a single user device 105. In other embodiments, a registered user may be associated with more than one user device 105. The user devices 105 generate user position data for the at least one registered user, the user position data indicating user movement 110. Accordingly, the user devices 105 may be a portable and/or wearable electronic device. Examples of user devices 105 include, but are not limited to, a cellular phone, a tablet computer, a fitness tracker, a wearable computer, and the like.”) (Hunt: [0064] “In some embodiments, the user position module 205 identifies a current user position for each registered user. In certain embodiments, the user position module 205 stores current positions for each registered user in the memory 160.”) (Hunt: [0066] “In some embodiments, the user position module 205 accesses a list of registered users (e.g., stored in memory 160) and receives (or retrieves) user position data for each registered user on the list. For example, the user position module 205 may access a list of registered users associated with one or more smart appliances 115 that is stored in the registry 130. In one embodiment, each registered user on the list of registered users grants the user position module 205 permission to track his or her position data.”) [Accessing, retrieving or receiving user related information reads on “obtaining user data”. The user 105 being a registered user on the list of registered users reads on “a user identity”, and the one or more smart appliances 115 associated with the user 105 read on “a user access right to the smart device”. The user position data reads on “a current activity of the user”.]
obtaining device data for the smart device, including current device settings or status; (Hunt: [0066] as discussed above) (Hunt: [0081] “The appliance setting module 215 may further identifies each appliance associated with the travel scenario (e.g., each smart appliance located at a location corresponding to the travel scenario). In one embodiment, the appliance setting module 215 looks up the appliances associated with the travel scenario using a table, database, or the data structure stored in the memory 160. Where multiple appliances are associated with the travel scenario, the appliance setting module 215 may control a setting for each associated appliance.”) (Hunt: [0087] “In some embodiments, the appliance setting module 215 controls an appliance setting of based on the identity of a registered user corresponding to the travel scenario by selecting a value for the appliance setting based on a user profile belonging to the registered user. For example, one or more user profiles may be stored in memory 160, wherein the appliance setting module 215 accesses the user profile corresponding to the registered user and applies an appliance setting based on a value found in the user profile.”) (Hunt: [0088] “A user profile may include preferred appliance settings for the registered user corresponding to the user profile. The user profile may be initially populated with default values selected based on the user's demographic and may be later customized by the user (e.g., by manual input or by learning the user's preferences). …”) [Accessing or looking up the one or more smart appliances associated registered user reads on “obtain device data”. The currently populated appliance setting in the registered user profile that may be later customized by the user reads on “current device settings”.]
determining a scenario for use of the smart device by the one or more users, based on the user data and the device data, including consideration of the user access rights of the one or more users; (Hunt: [0070] “The scenario module 210, in one embodiment, is configured to identify a travel scenario based on the user position data. In one embodiment, the scenario module 210 receives (from the user position module 205) user position data, such as a current user position and/or a predefined location closest to a user's current position, for one or more registered users. In further embodiments, the scenario module 210 may also receive user movement 110, such as a travel vector or travel path, for the one or more registered users. The scenario module 210 analyzes the data received from the user position module 205 to identify a travel scenario for at least one registered user. The scenario module 210 may comprise hardware circuits, program code operating on a processing device, or a combination of hardware circuitry and program code.”) (Hunt: [0076] “Importantly, the appliance setting module 215 control the appliance setting based on the identity of one or more registered users travelling according to the travel scenario. In one embodiment, the travel scenario is not be user specific, such that any registered user may correspond to the travel scenario. The appliance setting module 215 sets the appliance setting to a specific value based on the identity of the registered user corresponding to the travel scenario. Accordingly, the appliance setting module 215 controls the appliance based on who is arriving/departing from the location including the appliance.”) [The setting of the appliance based on the identified registered user arriving/departing to/from the location with the appliance reads on “determining a scenario for use of the smart device … based on …”]
determining an operating mode for the smart device, based on the determined scenario; and (Hunt: [0078] “For example, the user position module 205 may monitor a registered user's position and determine that the registered user was at the gym and is now traveling home. In response, the scenario module 210 may identify the travel scenario as being “returning home from the gym.” Here, the user's home is a predefined location associated with the travel scenario and includes at least one smart appliance, such as a smart water heater. In response to the scenario module 210 identifying the “returning home from the gym” travel scenario, the appliance setting module 215 may identify the water heater as an appliance whose setting is to be controlled. Here the appliance setting module 210 may control the water heater to recirculate hot water, so that hot water is ready at the tap when the user reaches home.”) (Hunt: [0088] “… For example, the preferred appliance settings may include a preferred temperature setting (e.g., for an HVAC appliance), a preferred lighting level (e.g., for a lighting appliance), a preferred water temperature, refrigerator temperature, and the like. A user profile may also include activities the user habitually performs upon traveling to/from a particular location, such as washing hands after returning from the store, taking shower after returning from the gym, and the like.”) [Determining that the home has the water heater and that the water heater is associated with the user returning home from the gym, more specifically, the water heater should recirculate hot water reads on “determining an operating mode for the smart device …”.]
sending a message to the smart device, for controlling the smart device to operate in the determined operating mode. (Hunt: [0084] “In some embodiments, the appliance setting module 215 controls the appliance setting using a time parameter. For example, the appliance setting module may send a control message to the smart appliance that includes a time parameter indicating a duration of time during with the appliance setting is valid (e.g., is to be applied). The time parameter may include a starting time and one of an ending time and a duration, after which the appliance setting may revert to its previous value or to a default value.”) (Hunt: [0088] “A user profile may include preferred appliance settings for the registered user corresponding to the user profile. The user profile may be initially populated with default values selected based on the user's demographic and may be later customized by the user (e.g., by manual input or by learning the user's preferences). For example, the preferred appliance settings may include a preferred temperature setting (e.g., for an HVAC appliance), a preferred lighting level (e.g., for a lighting appliance), a preferred water temperature, refrigerator temperature, and the like. A user profile may also include activities the user habitually performs upon traveling to/from a particular location, such as washing hands after returning from the store, taking shower after returning from the gym, and the like.”) [Sending the control message reads on “sending a message for controlling”. Any one of the appliances reads on “at least one device to run”. Using the user’s preference for the appliance settings based on the user’s travel scenario reads on “a mode dedicated for the determined scenario”.]
Regarding claim 47, Hunt teaches all the claimed features of claim 46. Hunt further teaches:
wherein, responsive to there being more than one user, determining the operating mode comprises determining the operating mode according to a lowest user access right among the more than one user. Examiner provides three separate examples below in the Hunt reference.
(Hunt: [0107] “In some embodiments, the registration module 225 may receive user input for correlating one or more registered users with a particular appliance. For example, the particular appliance may be a smart coffee maker, wherein only registered users above a certain age may be registered with the smart coffee maker. In further embodiments, the registration module 225 may receive user input that correlates one or more smart appliances with each registered user. The correlated one or more smart appliances may be those smart appliances whose settings the registered user is permitted to control. For example, a registered user that is a child may not be permitted to control certain smart appliances, therefore the registration module 225 may only correlate those smart appliances the child is permitted to control with the child. A list of smart appliances a particular registered user is permitted to control (or alternatively, a list of smart appliances a particular registered user is not permitted control) may be stored in a user profile of that particular registered user.”) [The child having control to less number of the smart appliances reads on “a lowest user access right”. Settings of the appliance to allow control by the child for the appliance that the child has permission to control reads on “determining the operating mode according to a lowest user access right …”.]
(Hunt: [0133] “In certain embodiments, the users 315-325 may have different preferred temperature settings for common areas of the vacation home 310 (e.g., as indicated in user profiles belonging to the users 315-325). Accordingly, the appliance control module 165 may apply a conflict management procedures to determine a temperature setting for the common areas of the vacation home 310. In one embodiment, the appliance control module 165 accesses a conflict policy in order to assign a priority to each of the users 315-325. The conflict policy may identify which registered user is to have priority over another registered user. Based on the conflict policy, the appliance control module 165 may select a temperature setting value from a user profile of the user having the highest priority among the users 315-325. Alternatively, the appliance control module 165 may set the temperature at a mean value of the preferred temperatures of the users 315-325.”) [The appliance control module setting the temperature at the mean value that incorporate all of the users regardless of their priority reads on “determining the operating mode according to a lowest user access right …”.]
(Hunt: [0138] “However, because the first user 420 and the second user 425 are traveling together from the gym 4102 the residence 405, the appliance control module 165 may identify the situation where to registered users correspond to the first travel scenario 440. Based on the number of registered users corresponding to the first travel scenario, the appliance control module 165 may control one or more settings at the water heater 450 causing the water heater 450 to prepare an additional amount of hot water (alternatively, heating the water temperature to a higher temperature), resulting in sufficient hot water for both users 420-425 to take showers upon their return from the gym 410.”) [Setting the water heater to prepare the additional amount of hot water or setting the higher water temperature for the second registered user reads on “determining the operating mode according to a lowest user access right …”.]
Regarding claim 48, Hunt teaches all the claimed features of claim 46. Hunt further teaches:
wherein the user data includes location data for the one or more users, and wherein the method includes determining the scenario for use of the smart device in response to determining from the location data that the one or more users are present at the smart device. (Hunt: [0064] and [0066] as discussed in claim 46) (Hunt: [0041] “Further, the optimization depends on which users are arriving at (or leaving from) a location including the smart appliance. …”) (Hunt: [0047] “Each smart appliance 115 is located at a smart location 120. As used herein, a “smart location” refers to a location (e.g., a building) where a smart appliance 115 is located. In some embodiments, a smart location 120 may be registered with the appliance manager 140. In one embodiment, the appliance manager 140 monitors and controls each smart appliance 115 located at a smart location 120. In another embodiment, the appliance manager 140 monitors and controls a subset (e.g., at least one, but less than all) of the smart appliances 115 located at the smart location 120. Examples of smart locations 120 include, but are not limited to, a smart home, a smart office, and the like.”) (Hunt: [0048] “The system 100 may optionally include a location server 125 and/or a registry 130. The location server 125 may receive user position data from each user device 105 belonging to a registered user and forward the user position data to the appliance manager 140. In one embodiment, the location server 125 is a location information server (LIS) managed by a mobile communication network operator. The registry 130 may maintain lists of registered users and smart appliances 115 (or optionally smart locations 120) associated with each registered user. In one embodiment, the registry 130 may associate the smart appliances 115 with the smart locations 120. The registry provides the lists and associations to the appliance manager 140.”) (Hunt: [0099] “In some embodiments, the learning module 220 automatically links a registered user with a particular smart appliance in response to determining that the registered user of the present at a location of the smart appliance whenever a change occurs to an appliance setting of the smart appliance. …”)
Regarding independent claim 65:
The claim recites similar limitations as corresponding claim 46 and is rejected using the same teachings and rationale.
Regarding claim 66, Hunt teaches all the claimed features of claim 65.
The claim recites similar limitations as corresponding claim 47 and is rejected using the same teachings and rationale.
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 49 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Hunt, in view of Bruhn et al. (US 2017/0191695 A1) (“Bruhn”).
Regarding claim 49, Hunt teaches all the claimed features of claim 46. Hunt does not expressly teach the recitations of claim 49.
Bruhn teaches:
wherein the method includes receiving camera data and determining from the camera data that the one or more users are present at the smart device. (Bruhn: [0164] Since, as described herein, sensor 1072 collects data regarding its environment (e.g. whatever data the sensor is configured to record and collect), sensor 1072 may be configured to record data corresponding to the mobile device 1055 (and, in turn, user 1053). For example, sensor 1072 may be configured to collect data directed to when mobile device 1055 is in room 1062, or within a certain distance of sensor 1072 (e.g. if sensor 1072 is a motion detector). In another example, if sensor 1072 is a video camera with face recognition capabilities, sensor 1072 may be configured to recognize which user from a list of users is user 1053, and present in room 1062 (and, for example, where the user is located in room 1062.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hunt and Bruhn before them, to modify determining the location of the user using the user device, to incorporate using the camera to determine the location of the user.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for accurate determination of the location of the user when the user may not be in carrying the mobile device while at the location. (Bruhn: [0181])
Regarding claim 60, Hunt teaches all the claimed features of claim 46. Hunt does not expressly teach the recitations of claim 60.
Bruhn teaches:
wherein the smart device is a smart television. (Bruhn: [0177] “In another example, if a particular user (as determined, for example, by a video camera and facial recognition software) watches the same television channel at the same day and time of the week every week, then the home automation system may determine this pattern or routine and associate that pattern with that user. The home automation system may also make home automation decisions and make changes to certain devices based on these patterns. For example, one or more rules may be set so that the television receiver is set to take certain actions based on the detected patterns. More specifically, for example, the television receiver may turn on the television display (and, for example, the STB) at the day and time that the user watches that television program, and even tune the STB to the station that the television show is on. Alternatively, the television receiver may transmit a query to the user to ask the user whether the user plans to watch that television show at that day and time so that the television receiver may turn on the television display only if it is sure, based on the user's response, that the user will watch that television show at that day and time. The home automation system may also make other changes to the home automation devices in the room where the television is located that also fit within the user's settings profile. For example, the home automation system may turn the lights to a certain dimness level, may set the HVAC to a certain temperature, among other changes.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hunt and Bruhn before them, to modify the smart appliances registered in the smart locations, to incorporate registering the television in the smart locations.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for controlling any of the controllable appliances at the smart locations to further assist in the user location determination. (Bruhn: [0181])
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 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 MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W CHOI/Primary Examiner, Art Unit 2116