DETAILED ACTION
The Amendment filed 2/3/2026 has been entered.
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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ginsberg et al. (US 10,939,477).
Regarding independent claim 1, Ginsberg discloses a method for monitoring an activity of a user controlling an operation of a conveyor system (101) with a remote control device (204, 414A-414D), the method, performed by a control device (201, 406), comprises: receiving control data from the remote control device, the control data defining user input provided through a user interface of the remote control device (see at least col. 6, lines 1-30 and col. 7, line 65 – col. 8, line 1) at least in accordance with time (see at least col. 2, lines 5-20, col. 7, lines 55-60 and col. 8, lines 66 – col. 9, line 12), comparing a frequency of the control data to a reference data (see at least col. 2, lines 5-20 and at least col. 6, lines 10-30), and setting, in accordance with the comparison between the frequency of the control data and the reference data, a detection result to express one of the following: (i) a continuation of the operation of the conveyor system, (ii) a discontinuation of the operation of the conveyor system (see at least col. 6, lines 5-10 and at least col. 2, lines 5-20).
Regarding independent claim 8, Ginsberg discloses a control device (201, 406) for monitoring an activity of a user controlling an operation of a conveyor system with a remote control device (204, 414A-414D), the control device comprising: control circuitry configured to: receive control data from the remote control device (see at least col. 6, lines 1-30 and col. 7, line 65 – col. 8, line 1), the control data defining user input provided through a user interface of the remote control device at least in accordance with time (see at least col. 2, lines 5-20, col. 7, lines 55-60, and col. 8, lines 66 – col. 9, line 12), compare a frequency of the control data to a reference data (see at least see at least col. 2, lines 5-20 and at least col. 6, lines 10-30), and set, in accordance with the comparison between the frequency of the control data and the reference data, a detection result to express one of the following: (i) a continuation of the operation of the conveyor system, (ii) a discontinuation of the operation of the conveyor system (see at least col. 6, lines 10-30 and at least col. 2, lines 5-20).
Regarding independent claim 16, Ginsberg discloses a non-transitory computer readable medium storing a computer program for monitoring an activity of a user controlling an operation of a conveyor system with a remote control device which, when executed by at least one processor, cause a control device to receive control data from the remote control device (see at least col. 6, lines 1-30 and col. 7, line 65 – col. 8, line 1), the control data defining user input provided through a user interface of the remote control device at least in accordance with time (see at least col. 2, lines 5-20, col. 7, lines 55-60, and col. 8, lines 66 – col. 9, line 12), compare a frequency of the control data to a reference data (see at least see at least col. 2, lines 5-20 and at least col. 6, lines 10-30), and set, in accordance with the comparison between the frequency of the control data and the reference data, a detection result to express one of the following: (i) a continuation of the operation of the conveyor system, (ii) a discontinuation of the operation of the conveyor system (see at least col. 6, lines 10-30 and at least col. 2, lines 5-20).
Regarding dependent claims 2-7, 9-15, and 17-20, Ginsberg discloses at least a frequency of the user input is defined with the reference data (see at least col. 2, lines 5-20); the control data further defining a position of the user input on the user interface of the remote control device in accordance with the time (see at least Fig. 3 and col. 7, lines 50-65 and col. 2, lines 5-20); a legitimate position of the user input in accordance with time is defined with the reference data (see at least Fig. 3 and col. 7, lines 50-65 and col. 2, lines 5-20); the legitimate position of the user input is defined with a predefined pattern providable in time (see at least Fig. 3 and col. 7, lines 50-65 and col. 2, lines 5-20); wherein the operation of the conveyor system controlled with the activity of the user corresponds a movement of an elevator car (see Fig. 2); and generating, in response to a setting of the detection result to express that the operation of the conveyor system is discontinued, a control signal to cause a stopping of the conveyor system (see col. 2, lines 35-45 and col. 6, lines 10-30).
Response to Arguments
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive.
The applicant states that Ginsburg does not disclose “comparing a frequency of the control data to a reference data” as required by the independent claims. The examiner disagrees with the applicant. At least in col. 2, lines 5-20, col. 8, line 63 – col. 9, line 12, and col. 10, lines 37-50, Ginsburg discloses “comparing a frequency of the control data to a reference data”. The timeout period is reference data.
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 PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK H MACKEY/Primary Examiner, Art Unit 3653
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