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 are persuasive regarding the 35 USC 101 rejection. Applicant’s arguments regarding the instant amendment are persuasive; however, a new ground of rejection is applied addressing the data related to the event corresponding to screen usage and network data related to the network location and the manipulation of the real-world and digital components comprising automatic control of a network device at the location, the automatic control causing the network device to limit network traffic of a user device, the user device being connected to the network at the location, infra Breaux et al. (PG/PUB 20230156570)
Claim Rejections - 35 USC § 103
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 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) 1-2, 6, 8-11 , 16-18 re rejected under 35 U.S.C. 103 as being unpatentable over Ahuja et al. (PG/PUB 20180202686) in view over Breaux et al. (PG/PUB 20230156570).
Claim 1.
Ajhuja et al. teaches a method comprising:
collecting, by a device, data at a location, the location data comprising information related to an event involving a user and an environment of the location in relation to the user (0027-28 e.g. see determining user location, patterns, activities, and context in association with a venue location)
analyzing, by the device, the collected data (0027-28, Figure 3- Figure 4)
determining, by the device, based on the analysis, characteristics related to an activity of the event (0027 e.g. “The system 100 can include a bus 102 that can provide for interconnection of various components of the system 100. It is to be appreciated that in other embodiments one or more system components can communicate wirelessly with other components, through a direct wired connection or integrated on a chipset. The system 100 can include one or more sensors (e.g., sensors that detect temperature, pressure, light, image, humidity, pollution, smell, smoke, draft, moisture, air quality, particulate, accelerometers, vibration, noise, tone, weight, etc.) that collect information regarding environments external and/or internal to a venue, occupants and the venue itself and its associated equipment. In some embodiments, a context component 106 can collect and provide contextual data regarding the venue and venue occupants. For example, context information such as what activity (e.g., running, swimming, having lunch, sleeping, drinking, etc.) in which an occupant was engaging prior to entering the venue can be determined and/or inferred. Likewise, context information regarding activities of occupant(s) within the venue and/or operational information about the venue can be collected and provided to the system 100 for analysis in connection with regulating venue environment to facilitate occupant comfort.”)
determining, by the device, based on the analysis, characteristics related to the environment of the location (0027 e.g. “The system 100 can include a bus 102 that can provide for interconnection of various components of the system 100. It is to be appreciated that in other embodiments one or more system components can communicate wirelessly with other components, through a direct wired connection or integrated on a chipset. The system 100 can include one or more sensors (e.g., sensors that detect temperature, pressure, light, image, humidity, pollution, smell, smoke, draft, moisture, air quality, particulate, accelerometers, vibration, noise, tone, weight, etc.) that collect information regarding environments external and/or internal to a venue, occupants and the venue itself and its associated equipment. I”)
generating, by the device, a location-based recommendation based on the characteristics of the event and the characteristics of the location, the location-based recommendation comprising electronic instructions for controlling real-world and digital components of the location (0029 e.g. “The comfort model component 116, based in part on the analyses, can output one or more recommendations that can be utilized by the comfort controller component 120 to adjust environmental conditions of the venue to facilitate achieving occupant comfort. For example, the comfort model component 116 based on occupant context information regarding just completing the marathon, having elevated body temperatures, being fatigued can generate an inference that the occupants will need a cooler venue temperature than normal in order to be quickly cooled down and feel comfortable. Additionally, the comfort model component 116 can play relaxing music, and adjust lighting in the venue to effect a calming environment. The context component 106, and sensors 104 can continually collect data that is analyzed by the comfort model component 116 which will generate determinations or inferences regarding level of occupant comfort. The comfort controller component 120 can continually adjust venue environmental conditions to maintain occupant comfort. For example, as the occupants are starting to cool down, the comfort controller component 120 can adjust temperature by raising temperature slightly, reduce force of fans blowing air on occupant, change volume of music, change lighting, etc. Thus, the system 100 is adaptive and can employ closed or open-looped systems to facilitate maintaining occupant comfort even as conditions of the occupant change.”)
communicating, over a network, the location-based recommendation to at least one device at the location, the communication causing the at least one device to execute the electronic instructions so as to manipulate the real-world and digital components in relation to performance of the activity of the event by the user (0029 e.g. “ The comfort model component 116, based in part on the analyses, can output one or more recommendations that can be utilized by the comfort controller component 120 to adjust environmental conditions of the venue to facilitate achieving occupant comfort. For example, the comfort model component 116 based on occupant context information regarding just completing the marathon, having elevated body temperatures, being fatigued can generate an inference that the occupants will need a cooler venue temperature than normal in order to be quickly cooled down and feel comfortable. Additionally, the comfort model component 116 can play relaxing music, and adjust lighting in the venue to effect a calming environment.”)
However, Ahuja et al. does not teach the combination of limitations described below. Bereaux et al. teaches:
data related to the event corresponding to screen usage and network data related to the network location and the manipulation of the real-world and digital components comprising automatic control of a network device at the location, the automatic control causing the network device to limit network traffic of a user device, the user device being connected to the network at the location (ABSTRACT, 0031-32, 0045, 0017, Figure 9, 0020, 0032-33, 0037. 0039-40*, 0045, 0136, 0138 e.g. see beacon as the network device for controlling/restricting mobile device functionality (e..g. real-world, digital, screen usage, network traffic based on location).
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Bereaux et al., namely remotely implementing mobile device restrictions based on context (e.g. environmental context), to the teachings of Ahuja et al., namely providing a device for controlling a user’s local environment associated with user’s mobile devices, would achieve an expected and predictable result via combining said elements using known methods to control both the mobile device usage and local environment. Bereaux et al. is reasonably pertinent to a problem of regulating a user’s environment based on location and would commend itself to the teachings of Ahuja et al. in light of venue events.
Claim 2.
The method of claim 1, wherein the manipulation of the real-world and digital components , 0035-36comprises automatic control of electronic devices at the location, the automatic control causing the electronic devices to operate in a manner as directed by the electronic instructions (0029 e.g. “For example, the comfort model component 116 based on occupant context information regarding just completing the marathon, having elevated body temperatures, being fatigued can generate an inference that the occupants will need a cooler venue temperature than normal in order to be quickly cooled down and feel comfortable. Additionally, the comfort model component 116 can play relaxing music, and adjust lighting in the venue to effect a calming environment. The context component 106, and sensors 104 can continually collect data that is analyzed by the comfort model component 116 which will generate determinations or inferences regarding level of occupant comfort”)
Claim 6.
The method of claim 1, further comprising:
determining, based on the environmental and event characteristics, a context, the context corresponding to a manner in which the activity is performed at the location (0027-29)
determining, based on the context, a digital content item (e.g. recommendations), the digital content item comprising content related to a product or service (e.g. lighting, sound, etc) that corresponds to managing the location in line with the environmental and event characteristics (0027-29)
Claim 8.
The method of claim 1 wherein the environmental characteristics correspond to air quality metrics of the location, wherein the location-based recommendation is directed to improving the air quality metrics during the event (0014, 0027-32 e.g. see HVAC control parameters as reading on air quality metrics and the improvement directed to air temperature/quality metric)
Claim 9.
The method of claim 1, wherein the data related to the event corresponds to motion or activity data at the location (supra claim 1), cloud-hosted data about the user (0024-41 e.g. see social media data), and biometrics of the user (0027-29, supra claim 1)
Claim 10.
A device comprising:
a processor configured to:
collect data at a location, the location data comprising information related to an event involving a user and an environment of the location in relation to the user, supra claim 1
analyze the collected data; supra claim 1
determine, based on the analysis, characteristics related to an activity of the event; supra claim 1
determine, based on the analysis, characteristics related to the environment of the location; supra claim 1
generate a location-based recommendation based on the characteristics of the event and the characteristics of the location, the location-based recommendation comprising electronic instructions for controlling real-world and digital components of the location; a supra claim 1
communicate, over a network, the location-based recommendation to at least one device at the location, the communication causing the at least one device to execute the electronic instructions so as to manipulate the real-world and digital components in relation to performance of the activity of the event by the user, supra claim 1
However, Ahuja et al. does not teach the combination of limitations described below. Bereaux et al. teaches:
data related to the event corresponding to screen usage and network data related to the network location and the manipulation of the real-world and digital components comprising automatic control of a network device at the location, the automatic control causing the network device to limit network traffic of a user device, the user device being connected to the network at the location (ABSTRACT, 0031-32, 0045, 0017, Figure 9, 0020, 0032-33, 0037. 0039-40*, 0045, 0136, 0138 e.g. see beacon as the network device for controlling/restricting mobile device functionality (e..g. real-world, digital, screen usage, network traffic based on location).
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Bereaux et al., namely remotely implementing mobile device restrictions based on context (e.g. environmental context), to the teachings of Ahuja et al., namely providing a device for controlling a user’s local environment associated with user’s mobile devices, would achieve an expected and predictable result via combining said elements using known methods to control both the mobile device usage and local environment. Bereaux et al. is reasonably pertinent to a problem of regulating a user’s environment based on location and would commend itself to the teachings of Ahuja et al. in light of venue events.
Claim 11. The device of claim 10, wherein the manipulation of the real-world and digital components comprises automatic control of electronic devices at the location, the automatic control causing the electronic devices to operate in a manner as directed by the electronic instructions, supra claim 2
Claim 16. The device of claim 10, wherein:
the environmental characteristics correspond to air quality metrics of the location, wherein the location-based recommendation is directed to improving the air quality metrics during the event, supra claim 8
the data related to the event corresponds to motion or activity data at the location, cloud-hosted data about the user, and biometrics of the user supra claim 8
Claim 17. A non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions that when executed by a device, perform a method comprising:
collecting, by a device, data at a location, the location data comprising information related to an event involving a user and an environment of the location in relation to the user; supra claim 1
analyzing, by the device, the collected data; supra claim 1
determining, by the device, based on the analysis, characteristics related to an activity of the event; supra claim 1
determining, by the device, based on the analysis, characteristics related to the environment of the location; supra claim 1
generating, by the device, a location-based recommendation based on the characteristics of the event and the characteristics of the location, the location-based recommendation comprising electronic instructions for controlling real-world and digital components of the location; supra claim 1
communicating, over a network, the location-based recommendation to at least one device at the location, the communication causing the at least one device to execute the electronic instructions so as to manipulate the real-world and digital components in relation to performance of the activity of the event by the user, supra claim 1
However, Ahuja et al. does not teach the combination of limitations described below. Bereaux et al. teaches:
data related to the event corresponding to screen usage and network data related to the network location and the manipulation of the real-world and digital components comprising automatic control of a network device at the location, the automatic control causing the network device to limit network traffic of a user device, the user device being connected to the network at the location (ABSTRACT, 0031-32, 0045, 0017, Figure 9, 0020, 0032-33, 0037. 0039-40*, 0045, 0136, 0138 e.g. see beacon as the network device for controlling/restricting mobile device functionality (e..g. real-world, digital, screen usage, network traffic based on location).
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Bereaux et al., namely remotely implementing mobile device restrictions based on context (e.g. environmental context), to the teachings of Ahuja et al., namely providing a device for controlling a user’s local environment associated with user’s mobile devices, would achieve an expected and predictable result via combining said elements using known methods to control both the mobile device usage and local environment. Bereaux et al. is reasonably pertinent to a problem of regulating a user’s environment based on location and would commend itself to the teachings of Ahuja et al. in light of venue events.
Claim 18.
The non-transitory computer-readable storage medium of claim 17, wherein the manipulation of the real-world and digital components comprises automatic control of electronic devices at the location, the automatic control causing the electronic devices to operate in a manner as directed by the electronic instructions (0027-29, supra claim 11)
Claim(s) 3-5, 7, 12-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ahuja et al. (PG/PUB 20180202686) in view over Breaux et al. (PG/PUB 20230156570). in view over Sinha et al. (PG/PUB 20220067851)
Claim 3.
The method of claim 1, but does not expressly the display limitations described below. Sinha teaches the display limitations described below, further comprising:
compiling a notification related to the location-based recommendation (0027-29 e.g. see generating recommendations/commands for adjusting user’s environment) and
communicating, over the network, the notification to the at least one device for display on a display associated with the at least one device (Sinha, ABSTRACT, 0003, 0009 e.g. see displaying recommendations for user selection)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Sinha, namely displaying recommendations (e.g. digital content) for use selection for effectuating control, to the teachings of Ahuja, namely communicating recommendations to a control device for implementation, would achieve an expected and predictable result via combining said elements. Sinha is in the same field of endeavor and reasonably pertinent to a problem of enabling users to customize their environment as described, ABSTRACT, summary of invention.
Claim 4.
The method of claim 3, wherein the notification is visibly displayed upon communication, wherein the visible display provides visibly displayed indications for the user related to how the user is recommended to act based on the electronic instructions (Sinha, ABSTRACT, 0008-0010, 0027, 0150, 0168)
Claim 5.
The method of claim 4, wherein the notification further comprises information indicating at least the determined environment characteristics (Sinha, ABSTRACT, 0008-0010, 0027, 0150, 0168, supra claim 1)
Claim 7.
The method of claim 6, further comprising:
communicating, to the at least one device, the digital content item (e.g. commands), the communication causing the digital content item to be displayed and enabling access to the product or service (Sinha, ABSTRACT, 0008-0010, 0027, 0150, 0168))
Claim 12.
The device of claim 10, wherein the processor is further configured to:
compile a notification related to the location-based recommendation; supra claim 3
communicate, over the network, the notification to the at least one device for display on a display associated with the at least one device, supra claim 3 rationale to combine based on mapping.
Claim 13.
The device of claim 12, wherein the notification is visibly displayed upon communication, wherein the visible display provides visibly displayed indications for the user related to how the user is recommended to act based on the electronic instructions (supra claim 3, see user selectable options based on recommendations)
Claim 14.
The device of claim 13, wherein the notification further comprises information indicating at least the determined environment characteristics (Sinha, see communicating building space parameters, 0043)
Claim 15.
The device of claim 10 but does not expressly teach the display limitations described below. Sinha teaches the display limitations described below, wherein the processor is further configured to:
determine, based on the environmental and event characteristics, a context, the context corresponding to a manner in which the activity is performed at the location, supa claim 1
determine, based on the context, a digital content item, the digital content item comprising content related to a product or service that corresponds to managing the location in line with the environmental and event characteristics; supra claim 1
communicate, to the at least one device, the digital content item, the communication causing the digital content item to be displayed and enabling access to the product or service, supra claim 3 for applying the same mapping and rationale to combine)
Claim 19.
The non-transitory computer-readable storage medium of claim 17, further comprising:
compiling a notification related to the location-based recommendation; supra claim 3
communicating, over the network, the notification to the at least one device for display on a display associated with the at least one device, wherein the notification is visibly displayed upon communication, wherein the visible display provides visibly displayed indications for the user related to how the user is recommended to act based on the electronic instructions, wherein the notification further comprises information indicating at least the determined environment characteristics, supra claim 3
Claim 20. The non-transitory computer-readable storage medium of claim 17, further comprising:
determining, based on the environmental and event characteristics, a context, the context corresponding to a manner in which the activity is performed at the location supra claim 3
determining, based on the context, a digital content item, the digital content item comprising content related to a product or service that corresponds to managing the location in line with the environmental and event characteristics; supra claim 3
communicating, to the at least one device, the digital content item, the communication causing the digital content item to be displayed and enabling access to the product or service, supra claim 3
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Claim 1 relevancy
20250109876 20240412303 20240011659 20220067851 202104003458 20190346417 12218950 20230324069
Claim 6 relevancy
20230317269 20220205798 20210390807 10642231
Claim 8 relevancy
20220067851
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.
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/DARRIN D DUNN/Patent Examiner, Art Unit 2117