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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/15/25 has been entered.
Response to Arguments
Applicant's arguments regarding 112(b) have been fully considered but they are not persuasive. The applicant argues “The claims have been amended to overcome the rejection… In claim 1, the step of setting the single or n mics covering varying n sound and applicable n light color has been added.”
However, the amendment fails to resolve the issue that the intended result of the preamble does not appear to be realizable by the recited method steps, leaving it unclear what, if any, limiting effect the preamble language has. More specifically, setting mics and light color is part of setting up the home automation network rather than a step involved in prevention of a surround noise.
Regarding 103 rejection, Applicant’s arguments 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 requires “A method to prevent a surround noise, a sound from one of a human, or a sound from a device that is generated and penetrates into and via at least one of Wearable Hearing Device (WHD)… ” However, this claimed intended result in the preamble does not appear to be realizable by the recited method steps, making it unclear what the limiting effect is, if any, of the preamble language. The method steps describes how to set up a home automation network rather than steps involved in prevention of a surround noise.
The dependent claims 2-10 are rejected for being dependent on rejected claim 1.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They are replete with grammatical and idiomatic errors, antecedence language issues, exemplary language, relative and subjective language, and inconsistent and/or grammatically contradictory use of plural and singular forms. Claims 1-10 are rejected for this reason. An example of such language is “at least one voices or sounds.” Is there a single voice or a plurality of voices? Another example of indefinite language is “noisy music.” What is the definition of a noisy music? How does one ascertain the metes and bounds of this limitation? What differentiate normal music from a noisy music.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 requires “A method to prevent a surround noise, a sound from a human, or a sound from a device that is generated and penetrates into and via at least one of Wearable Hearing Device (WHD) and at least one of n pluralities of Self-Control Means (SCM).” However, the specification as filed does not provide an adequate explanation as to how this is realized.
While there is a presumption that an adequate written description of the claimed invention is present in the specification as filed, In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976), a question as to whether a specification provides an adequate written description may arise in the context of an original claim. An original claim may lack written description support when (1) the claim defines the invention in functional language specifying a desired result but the disclosure fails to sufficiently identify how the function is performed or the result is achieved or (2) a broad genus claim is presented but the disclosure only describes a narrow species with no evidence that the genus is contemplated. See Ariad Pharm., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1349-50 (Fed. Cir. 2010) en banc. The written description requirement is not necessarily met when the claim language appears in ipsis verbis in the specification. "Even if a claim is supported by the specification, the language of the specification, to the extent possible, must describe the claimed invention so that one skilled in the art can recognize what is claimed. The appearance of mere indistinct words in a specification or a claim, even an original claim, does not necessarily satisfy that requirement." Enzo Biochem, Inc. v. Gen-Probe, Inc., 323 F.3d 956, 968, 63 USPQ2d 1609, 1616 (Fed. Cir. 2002).
In the present instance, the claim limitation defines the invention in functional language specifying a desired result but the disclosure fails to sufficiently identify how the function is performed or the result is achieved.
The written description requirement under 112(a) is not satisfied by stating that one of ordinary skill in the art could device an algorithm to perform the specialized programmed functions. For written description, the specifications filed must describe the claimed invention in sufficient detail so that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention. An original claim may lack written description when the claim defines the invention in functional language specifying a desired result but the specification does not sufficiently identify how the inventor has devised the function to be performed or result achieved. For software, this can occur when the algorithm or steps/procedure for performing the computer function are not explained at all or are not explained in sufficient detail (simply restating the function recited in the claim is not necessarily sufficient).
The dependent claims 2-10 are rejected for being dependent on the rejected claim 1.
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.
Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elberbaum (US9541911B2) in view of Douglass (US4330174).
Regarding claim 11, Elberbaum discloses A structurally integrated one of a cascaded electrical grid in a residential and a commercial unit, with at least one of home automation grid and network via plurality of ISBs each connects to said electrical grid directly and to at least one load via at least one electrical wiring device (Fig. 15; Claim 11; A structurally integrated electrical grid of one of a residential and a commercial unit with at least one of home automation grid and network via plurality of intelligent support boxes each connects to said electrical grid directly and to at least one load via at least one electrical wiring device), said plurality of ISBs are linked to at least one of a controller and a command converter by one of bidirectional optical signals via one of cascading grid of optical cable and at least one of wireless RF and IR signals bidirectionally propagated in open air (Claim 11; said plurality of intelligent support boxes are linked to at least one of a controller and a command converter by one of bidirectional optical signals via one of cascading grid of optical cable and at least one of wireless RF and IR signals bidirectionally propagated in open air);
each of said plurality of ISBs comprising a CPU, at least one of setting selector and a memory for setting the home automation grid and for loading particulars data pertaining to each installed ISB as structured including data pertaining to said at least one wiring device, circuits for operating and for calculating the power consumed by each load via said wiring device and communication circuits for communicating with at least one of controller and command (Claim 11; each of said plurality of intelligent support boxes comprising a CPU, at least one of setting selector and a memory for setting the home automation grid and for loading particulars data pertaining to each installed intelligent support box as structured including data pertaining to said at least one wiring device, circuits for operating and for calculating the power consumed by each load via said wiring device and communication circuits for communicating at least one way of bidirectional signal with said at least one of controller and command converter via one of said home automation grid and network).
However, the present system does not expressly disclose a displacement of propagated Beamy light links and delinks at least one light device.
Douglass et al. discloses a displacement of propagated Beamy light links and delinks at least one light device (Fig. 1; Column 2, lines 37-53; Fibre optic tube means 1 carries light into the switching apparatus from the remote source S1, which is preferably a light emitting diode, due to the low cost, low power consumption, and long life of the same. A further fibre optic tube means 3 carries light from the switching apparatus to the detector D1, when the top center of the apparatus is depressed causing fibre optic tube means 2 to line up with fibre optic tube means 1 and 3. Fibre optic tube means 1, 2, and 3 are all preferably single fibres of large diameter, e.g. 0.040", to obviate critical alignment problems. A control signal 4 is thus passed to the electrical system if and only if the source S1 is operating, and the top center of the apparatus is depressed against the compression spring 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add an optical switch, as taught by Douglass et al., in the present system in order to eliminate the cost adding mechanical parts of the conventional mechanical switch and to provide a low cost, low power consuming, and durable switching apparatus (see, Douglass et al., Column 2, lines 37-41).
Regarding claim 12, the present system discloses The structurally integrated electrical grid according to claim 11 wherein said grid is one of a low voltage bus-line for propagating electrical signal and an optical grid for propagating at least one of said optical signals via said optical cable including IR signal propagated in line of sight in said open air, said network including propagation of signals comprising said optical signals via said optical cable and said IR signals in line of sight, said electrical signals via bus line, said RF signals and combinations thereof; and said controller is selected from a group comprising a video interphone monitor, a shopping terminal, a dedicated home automation controller, an home automation grid distributor, a key pad, a touch pad, hand held controller and combinations thereof (Claim 12; The structurally integrated electrical grid according to claim 11 wherein said grid is one of a low voltage bus-line for propagating electrical signal and an optical grid for propagating at least one of said optical signals via said optical cable including IR signal propagated in line of sight in said open air, said network including propagation of signals comprising said optical signals via said optical cable and said IR signals in line of sight, said electrical signals via bus line, said RF signals and combinations thereof; and said controller is selected from a group comprising a video interphone monitor, a shopping terminal, a dedicated home automation controller, an home automation grid distributor, a key pad, a touch pad, hand held controller and combinations thereof).
Regarding claim 13, the present system discloses The structurally integrated electrical grid according to claim 12 wherein said optical signal and electrical signal are converted two way for interfacing the propagated optical signal with electric signal and electrical signal with optical signal via one of said command converter and an automation grid distributor, and wherein said RF signal and said optical signals are converted two way for interfacing said RF signal with optical signals and said optical signals with RF signals via at least one of said automation grid distributor and said intelligent support box for exchanging signals commensurate with command and response signals of a given load via said automation grid (Claim 13; The structurally integrated electrical grid according to claim 12 wherein said optical signal and electrical signal are converted two way for interfacing the propagated optical signal with electric signal and electrical signal with optical signal via one of said command converter and an automation grid distributor, and wherein said RF signal and said optical signals are converted two way for interfacing said RF signal with optical signals and said optical signals with RF signals via at least one of said automation grid distributor and said intelligent support box for exchanging signals commensurate with command and response signals of a given load via said automation grid).
Regarding claim 14, the present system discloses The structurally integrated electrical grid according to claim 11 wherein said bidirectional signals comprising an operate commands for on-off switching and operating at least one given load powered by at least one given electrical wiring device and responses for providing said one of controller and command converter with at least one of data pertaining the status of and one of the current drawn and the power consumed by said at least one given load (Claim 14; The structurally integrated electrical grid according to claim 11 wherein said bidirectional signals comprising an operate commands for on-off switching and operating at least one given load powered by at least one given electrical wiring device and responses for providing said one of controller and command converter with at least one of data pertaining the status of and one of the current drawn and the power consumed by said at least one given load).
Regarding claim 15, the present system disclose The structurally integrated electrical grid according to claim 14 wherein a combination of said particulars of a given load powered by a given electrical wiring device, said one of installed location and one of code and address, said operate commands and responses are integrated into integrated control commands stored in said memory and a memory of at least one of said controller and command converter for storing the integrated control commands during the initial setup of the system and upgrade via the controller at random, enabling the propagating of short recall of operate commands and responses via said grid and network and operate said given function of said given load in the given location via a single integrated command and a single integrated response (Claim 15; The structurally integrated electrical grid according to claim 14 wherein a combination of said particulars of a given load powered by a given electrical wiring device, said one of installed location and one of code and address, said operate commands and responses are integrated into integrated control commands stored in said memory and a memory of at least one of said controller and command converter for storing the integrated control commands during the initial setup of the system and upgrade via the controller at random, enabling the propagating of short recall of operate commands and responses via said grid and network and operate said given function of said given load in the given location via a single integrated command and a single integrated response).
Regarding claim 16, the present system discloses The structurally integrated electrical grid according to claim 15 wherein a specific load powered via said ISB is communicating via one of said RF signal in open air and via one of said optical signal through said optical port and IR in line of sight wherein said specific load is responsive to a specific commands and responses only and, wherein said memory and said memory of said controller and said command converter are updated to include said specific commands and responses and the ISB is further set via said controller to communicate said specific commands and responses with said specific load (Claim 16; The structurally integrated electrical grid according to claim 15 wherein a specific load powered via said intelligent support box is communicating via one of said RF signal in open air and via one of said optical signal through said optical port and IR in line of sight wherein said specific load is responsive to a specific commands and responses only and, wherein said memory and said memory of said controller and said command converter are updated to include said specific commands and responses and the intelligent support box is further set via said controller to communicate said specific commands and responses with said specific load).
Regarding claim 17, the present system discloses Said structurally integrated electrical grid according to claim 15 wherein variety of loads powered via said ISBs are communicating via one of said RF signal in open air and via one of said optical signal through said optical port and in line of sight wherein said variety of loads are responsive to diverse commands and responses and wherein said memory and said memory of said controller and said command converter are updated to include said diverse commands and responses and the ISB is further set via said controller to communicate with each of said variety of loads only diverse commands and responses, each commensurate with each one of said variety of loads (Claim 17; Said structurally integrated electrical grid according to claim 15 wherein variety of loads powered via said intelligent support box are communicating via one of said RF signal in open air and via one of said optical signal through said optical port and in line of sight wherein said variety of loads are responsive to diverse commands and responses and wherein said memory and said memory of said controller and said command converter are updated to include said diverse commands and responses and the intelligent support box is further set via said controller to communicate with each of said variety of loads only diverse commands and responses, each commensurate with each one of said variety of loads).
Regarding claim 18, the present system discloses The structurally integrated electrical grid according to claim 11 wherein said ISBs comprising horizontally oriented boxes diversified in size and capacity and vertically oriented boxes diversified in size and capacity for supporting said electrical wiring devices selected from a group comprising manual switches, hybrid switches, relays, power outlets, power sockets and combinations thereof (Claim 18; The structurally integrated electrical grid according to claim 11 wherein said intelligent support boxes comprising horizontally oriented boxes diversified in size and capacity and vertically oriented boxes diversified in size and capacity for supporting said electrical wiring devices selected from a group comprising manual switches, hybrid switches, relays, power outlets, power sockets and combinations thereof).
Regarding claim 19, the present system discloses The structurally integrated electrical grid according to claim 18 wherein said ISB is structured to switch on-off a load directly connected to one of an attached manual switch and an hybrid switch including the switching on-off of a load powered via a given power outlet jointly attached to said ISB for powering a load (Claim 19; The structurally integrated electrical grid according to claim 18 wherein said intelligent support box is structured to switch on-off a load directly connected to one of an attached manual switch and an hybrid switch including the switching on-off of a load powered via a given power outlet jointly attached to said intelligent support box for powering a load).
Regarding claim 20, the present system discloses The structurally integrated electrical grid according to claim 11 wherein said residential and commercial unit is selected from a group comprising a single home, an apartment of a building, one of a room and suit of an hotel, a shop, a restaurant, a club, a given area of a warehouse, an office, a garage, a workshop, one of a class and classes of a school, a library, one of a room and rooms of an hospital, at least one of a room and rooms of a public building, and at least one of area and a zone of a factory (Claim 20; The structurally integrated electrical grid according to claim 11 wherein said residential and commercial unit is selected from a group comprising a single home, an apartment of a building, one of a room and suit of an hotel, a shop, a restaurant, a club, a given area of a warehouse, an office, a garage, a workshop, one of a class and classes of a school, a library, one of a room and rooms of an hospital, at least one of a room and rooms of a public building, and at least one of area and a zone of a factory).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAI M LEE whose telephone number is (571)272-5870. The examiner can normally be reached M-F 9:5:30 PM.
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JAI M. LEE
Examiner
Art Unit 2634
/JAI M LEE/Examiner, Art Unit 2634