DETAILED ACTION
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 with respect to the claim(s) have been considered but are moot in view of the new ground of rejection. Please note that
Regarding the arguments directed to Rao, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In the instant case, Vanderwater already discloses calculating the number of users in the area; thereby, Rao only needs to bring the thresholds. And having a list of individuals exceeding the thresholds, sounds pretty much as counting. Anyway, the combination Vanderwater, Fry and Rao does disclose all claimed limitations.
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.
The factual inquiries 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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-10, 12-13 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Vanderwater 20150172856 in view of Fry 20140282641 and further in view of Rao 20210264165.
As to claim 9, Vanderwater discloses a data analysis system comprising (see abstract): a data acquisition device [460,470,405] configured to produce sensor data, the sensor data including data acquired by a sensor attached to a user and user identification information for identifying the user (see par. 0017, 0023); a data collection processing device [405] configured to collect the sensor data from a predetermined region as a target (see par. 0025); a data analysis device configured to calculate the number of users staying in the predetermined region based on the user identification information (see par. 0026); an estimation device configured to estimate density of the users based on the number of the users (see par. 0027); and an alert display device configured to display the density of the users (see par. 0028); estimating that the density of the users is low in a case in which the number of the users staying in the predetermined region is less than a lower limit value of the number of the users (see par. 0027, 0035); estimating that the density is high in a case in which the number of the users staying in the predetermined region (see par. 0017, 0023-0028). Vanderwater fails to disclose adding clock time information to the sensor data and limits values. In an analogous art, Fry discloses at least one of the data acquisition device or the data collection processing device is configured to add clock time information to the sensor data; and the data analysis device is configured to: calculate staying times of the users in the predetermined region based on the clock time information; and estimate the density of the users in the predetermined region based on the number of the users and the staying times (see par. 0013, 0015, 0022, 0027, 0035, 0047, 0058). As to the limit’s values, in order to have the low, medium and high densities a lower and high limit values of the number of the users are required. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to use or greater than the lower limit value of the number of the users, because otherwise it would be low density and greater than an upper limit value of the number of the users to be high density and work as intended. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to combine the teachings for the simple purpose of determining how long people stay in the area for marketing purposes.
The previous references fail to disclose users who are staying for staying times exceeding an upper limit value of the staying times is equal to or greater than the lower limit value of the number of the users. In another analogous art, Rao discloses the number of the users who are staying for staying times exceeding an upper limit value of the staying times is equal to or greater than the lower limit value of the number of the users (see par.0042). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to combine the teachings for the simple purpose of identifying people that exceed dwell time and act accordingly with the collected information.
As to claim 10, Vanderwater discloses a data analysis system according to claim 9, wherein: the data acquisition device includes a plurality of sensor terminal devices [460,470] each configured to produce the sensor data and transmit the sensor data to a relay terminal device [405, 450, wi-fi routers, cell tower, etc.]; the data collection processing device includes the relay terminal device, the relay terminal device is configured to collect the sensor data in a predetermined region and transmit the sensor data to a server device, the predetermined region being a region where the relay terminal device [possibility not a requirement, and as long as there is a receiver, it is able: is able to receive the sensor data from the plurality of sensor terminal devices]; the data analysis device and the estimation device are equipped by a server device configured to receive the sensor data from the relay terminal device, calculate the number of the users who are staying in the predetermined region based on the user identification information, and estimate density of the users based on the number of the users; and the alert display device is disposed in a vicinity of the relay terminal device (see par. 0019, 0025-0028, 0081-0082).
As to claim 12, Vanderwater discloses a server device [405,700] comprising: a reception circuit [420,740] configured to receive sensor data (see par. 0069,0075), the sensor data including data acquired by a sensor attached to a user and user identification information for identifying the user (see par. 0017, 0023); an ID number calculation processing circuit [425] configured to calculate the number of users staying in a predetermined region based on the user identification information; an estimation processing circuit [425] configured to estimate density of the users based on the number of users (see par. 0042); and a transmission circuit [735,740] configured to transmit the density of the users to an alert display device for displaying the density of the users (see par. 0027-0028, 0042); estimating that the density of the users is low in a case in which the number of the users staying in the predetermined region is less than a lower limit value of the number of the users (see par. 0027, 0035); estimating that the density is high in a case in which the number of the users staying in the predetermined region (see par. 0017, 0023-0028). Vanderwater fails to disclose adding clock time information to the sensor data and limits values. In an analogous art, Fry discloses at least one of the data acquisition device or the data collection processing device is configured to add clock time information to the sensor data; and the data analysis device is configured to: calculate staying times of the users in the predetermined region based on the clock time information; and estimate the density of the users in the predetermined region based on the number of the users and the staying times (see par. 0013, 0015, 0022, 0027, 0035, 0047, 0058). As to the limit’s values, in order to have the low, medium and high densities a lower and high limit values of the number of the users are required. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to use or greater than the lower limit value of the number of the users, because otherwise it would be low density and greater than an upper limit value of the number of the users to be high density and work as intended. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to combine the teachings for the simple purpose of determining how long people stay in the area for marketing purposes.
The previous references fail to disclose users who are staying for staying times exceeding an upper limit value of the staying times is equal to or greater than the lower limit value of the number of the users. In another analogous art, Rao discloses the number of the users who are staying for staying times exceeding an upper limit value of the staying times is equal to or greater than the lower limit value of the number of the users (see par.0042). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to combine the teachings for the simple purpose of identifying people that exceed dwell time and act accordingly with the collected information.
As to claim 13, Vanderwater discloses a data analysis method comprising: calculating the number of users staying in a predetermined region based on user identification information included in sensor data acquired from a sensor attached to a user; and analyzing density of the users in the predetermined region based on the number of the users (see abstract); estimating that the density of the users is low in a case in which the number of the users staying in the predetermined region is less than a lower limit value of the number of the users (see par. 0027, 0035); estimating that the density is high in a case in which the number of the users staying in the predetermined region (see par. 0017, 0023-0028). Vanderwater fails to disclose adding clock time information to the sensor data and limits values. In an analogous art, Fry discloses at least one of the data acquisition device or the data collection processing device is configured to add clock time information to the sensor data; and the data analysis device is configured to: calculate staying times of the users in the predetermined region based on the clock time information; and estimate the density of the users in the predetermined region based on the number of the users and the staying times (see par. 0013, 0015, 0022, 0027, 0035, 0047, 0058). As to the limit’s values, in order to have the low, medium and high densities a lower and high limit values of the number of the users are required. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to use or greater than the lower limit value of the number of the users, because otherwise it would be low density and greater than an upper limit value of the number of the users to be high density and work as intended. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to combine the teachings for the simple purpose of determining how long people stay in the area for marketing purposes.
The previous references fail to disclose users who are staying for staying times exceeding an upper limit value of the staying times is equal to or greater than the lower limit value of the number of the users. In another analogous art, Rao discloses the number of the users who are staying for staying times exceeding an upper limit value of the staying times is equal to or greater than the lower limit value of the number of the users (see par.0042). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to combine the teachings for the simple purpose of identifying people that exceed dwell time and act accordingly with the collected information.
As to claim 18, Vanderwater discloses the data analysis method according to claim 13, wherein the calculating the number of the users comprises: acquiring the sensor data from the sensor attached to the user; and calculating the number of the users who are staying [during the measurement] in the predetermined region based on the user identification information included in the sensor data (see par. 0017, 0023-0028).
As to claim 19, Vanderwater discloses the data analysis system according to claim 9, wherein the alert display device is disposed in a vicinity of the data collection processing device. (see par. 0028).
As to claim 20, Vanderwater discloses the server device according to claim 12, wherein the alert display device is disposed in a vicinity of the predetermined region. (see par. 0028).
As to claim 21, Vanderwater discloses the data analysis method according to claim 13, wherein the density of the users is displayed by an alert display device disposed in a vicinity of the predetermined region. (see par. 0028).
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 MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F.
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MARCOS L. TORRES
Primary Examiner
Art Unit 2647
/MARCOS L TORRES/Primary Examiner, Art Unit 2647
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