Prosecution Insights
Last updated: May 29, 2026
Application No. 18/350,279

AUDIO-BASED OCCUPANCY DETECTION

Non-Final OA §101§103
Filed
Jul 11, 2023
Priority
Jul 12, 2022 — provisional 63/388,438
Examiner
ZAAB, SHARAH
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carrier Corporation
OA Round
2 (Non-Final)
71%
Grant Probability
Favorable
2-3
OA Rounds
2m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
90 granted / 127 resolved
+2.9% vs TC avg
Strong +23% interview lift
Without
With
+23.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
17 currently pending
Career history
156
Total Applications
across all art units

Statute-Specific Performance

§101
10.1%
-29.9% vs TC avg
§103
86.1%
+46.1% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 127 resolved cases

Office Action

§101 §103
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 . Claim Rejections - 35 USC § 101 Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Specifically, representative Claim 1 recites: “An occupancy detector comprising a processor operable to perform processor operations comprising: receiving, during a monitoring period, real time audio signals from a plurality of sources in an indoor area-under-evaluation; performing, during the monitoring period, analysis on the real time audio signals; and based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation; and responsive to the determination, generating a stream of occupancy detection signals and providing the stream of occupancy detection signals to building systems of a site, the building systems configured to adjust their operations based at least in part on the stream of occupancy detection signals. The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional element”. Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process). Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the groupings of subject matter when recited as such in a claim limitation that falls into the grouping of subject matter when recited as such in a claim limitation, that covers mathematical concepts - mathematical relationships, mathematical formulas or equations, mathematical calculations. The steps of “performing, during the monitoring period, analysis on the real time audio signals; and based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation. Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application. In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception. The above claims comprise the following additional elements: Claim 1: An occupancy detector comprising a processor operable to perform processor operations comprising: receiving, during a monitoring period, real time audio signals from a plurality of sources in an indoor area-under-evaluation and responsive to the determination, generating a stream of occupancy detection signals and providing the stream of occupancy detection signals to building systems of a site, the building systems configured to adjust their operations based at least in part on the stream of occupancy detection signals Claim 11: A method of operating an occupancy detector comprising a processor configured to perform processor operations comprising: receiving, during a monitoring period, real time audio signals from a plurality of sources in an indoor area-under-evaluation and responsive to the determination, generating a stream of occupancy detection signals and providing the stream of occupancy detection signals to building systems of a site, the building systems configured to adjust their operations based at least in part on the stream of occupancy detection signals The above steps of an occupancy detector comprising a processor operable to perform processor operations comprising: receiving, during a monitoring period, real time audio signals from a plurality of sources in an indoor area-under-evaluation are generically recited and represent mere data gathering steps (insignificant extra-solution activity) necessary to execute the abstract idea and responsive to the determination, generating a stream of occupancy detection signals and providing the stream of occupancy detection signals to building systems of a site, the building systems configured to adjust their operations based at least in part on the stream of occupancy detection signals represents an extra-solution activity and is recited in generality . The additional elements in Claim 11 such as a processor is an example of generic computer equipment (components) that is generally recited and, therefore, is not qualified as a particular machine. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B. However, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis) because these additional elements/steps are well-understood and conventional in the relevant art based on the prior art of record including references in the submitted IDS (7/11/2023) by the Applicant (Horling and Deyle). The independent claims, therefore, are not patent eligible. With regards to the dependent claims, claims 2-10 and 12-20 provide additional features/steps which are either part of an expanded abstract idea of the independent claims (additionally comprising mathematical/mental/organizing human activity process steps (Claims 2-10 and 12-20) or adding additional elements/steps that are not meaningful as they are recited in generality and/or not qualified as particular machine/ and/or eligible transformation and, therefore, do not reflect a practical application as well as not qualified for “significantly more” based on prior art of record. 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable Horling et al. (US20180330589), hereinafter referred to as ‘Horling’ and in further view of Deyle et al. (US20170225336), hereinafter referred to as ‘Deyle’. Regarding Claim 1, Horling discloses an occupancy detector comprising a processor operable to perform processor operations comprising: (Accordingly, there is a need for methods, devices, and systems for monitoring activity on a premises via one or more voice assistant device(s) [0006]): receiving, during a monitoring period, real time audio signals from a plurality of sources in an indoor area-under-evaluation (In some implementations, the assistant learns what is normal background noise for the particular house. For example, with one or more training sessions where the microphone is left open for some length of time to collect the necessary data, the voice assistant comes to recognize routine sounds [0011; In some implementations, once alerted of an unexpected event, users can receive real-time information from the voice assistant to better understand the situation. For example, a live audio stream can be sent to the user device. In some implementations, the audio stream is accessed directly without a notification as well [0013]]); performing, during the monitoring period, analysis on the real time audio signals; during the monitoring period, on the real time audio signals (With the voice assistants there is an opportunity to help provide users peace of mind by monitoring their home environment, and alerting the user if something unexpected is detected. When the assistant is in a “home monitoring” mode, the microphone and other sensors are enabled, and audio or other useful data is analyzed (e.g., analyzed at a server system). [0007]; In some implementations, once alerted of an unexpected event, users can receive real-time information from the voice assistant to better understand the situation. For example, a live audio stream can be sent to the user device. In some implementations, the audio stream is accessed directly without a notification as well [0013]); and based at least in part on a result of the analysis performed (When the assistant is in a “home monitoring” mode, the microphone and other sensors are enabled, and audio or other useful data is analyzed (e.g., analyzed at a server system). If an anomaly is detected, the user or authorities can be notified. The user may then choose to review the unexpected event, and optionally live stream data to and/or from the assistant device [0007]), generating a stream of occupancy detection signals (The device obtains one or more monitoring criteria and, while operating in the monitoring mode, detecting a sound. The device obtains a determination as to whether the sound meets the one or more monitoring criteria. In accordance with a determination that the sound meets the one or more monitoring criteria [0019]) and providing the stream of occupancy detection signals to building systems of a site (obtains a classification of the sound; and (2) based on sound having a first sound classification, emits a first simulated occupant response of a plurality of simulated occupant responses via the one or more speakers [0019]), the building systems configured to adjust their operations based at least in part on the stream of occupancy detection signals (obtaining a determination as to whether the sound meets the one or more monitoring criteria; and (6) in accordance with a determination that the sound meets the one or more monitoring criteria: (a) obtaining a classification of the sound; and (b) based on sound having a first sound classification, emitting a first simulated occupant response of a plurality of simulated occupant responses via the one or more speakers [0020]). However, Horling does not explicitly disclose performing, during the monitoring period, analysis on the real time audio signals; and based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation. Nevertheless, Deyle discloses based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation (For example, the audio detector can provide detected audio signals to the central system 210 for analysis, and the central system can determine if the detected audio signals are representative of a security violation. Likewise, the motion detector can provide detected motion signals to the central system, which can determine if the detected motion signals are representative of a security violation [0077]; Likewise, a robot can request that the centralized server compress data, perform video processing tasks, to stream video to other robots or entities, to perform machine learning tasks, or to perform any other processing- or resource-intensive tasks, and can provide the data to perform such tasks to the central system. The central system can also access a building's or company's databases or processing resources (such as servers or other computer systems), for instance to identify an individual within a building or to use the accessed processing resources to perform a computationally-intensive task [0174]), It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Horling, in view of Deyle to base at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation to distinguish between real time audio signals related to a person and to improve audio signal characteristics and analysis. Regarding Claim 2, Horling and Deyle disclose the claimed invention discussed in claim 1. Horling discloses the processor comprises a machine learning algorithm having a machine learning model (In some implementations, the home assistant device receives an occupant command to operate the computer system in a learning mode. In some implementations, in response to the occupant command, the home assistant device transitions to operating in the learning mode. In some implementations, while operating in the learning mode, the home assistant device analyzes sounds of the home environment to identify a plurality of expected sounds within the home environment [0186]). Regarding Claim 3, Horling and Deyle disclose the claimed invention discussed in claim 2. Horling discloses the machine learning model is trained to perform a task comprising: performing the analysis on the audio signals; and based at least in part on the result of the analysis performed on the audio signals (as discussed above). However, Horling does not explicitly disclose making the determination of the audio signals that resulted from the action of the person located within an indoor area-under-evaluation. Nevertheless, Deyle discloses making the determination of the audio signals that resulted from the action of the person located within an indoor area-under-evaluation (For example, the audio detector can provide detected audio signals to the central system 210 for analysis, and the central system can determine if the detected audio signals are representative of a security violation. Likewise, the motion detector can provide detected motion signals to the central system, which can determine if the detected motion signals are representative of a security violation [0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Horling, in view of Deyle to making the determination of the audio signals that resulted from the action of the person located within an indoor area-under-evaluation to distinguish between audio signals related to a person and to improve audio signal characteristics and analysis. Regarding Claim 4, Horling and Deyle disclose the claimed invention discussed in claim 1. Horling discloses the indoor area-under evaluation is within a dwelling (This relates generally to activity monitoring, including but not limited to methods and systems for monitoring activity via a home assistant device [0003]). Regarding Claim 5, Horling and Deyle disclose the claimed invention discussed in claim 1. Horling discloses one or more of the processor operations are performed by a cloud computing system (In some implementations, the integrated devices of the operating environment 100 include intelligent, multi-sensing, network-connected devices that integrate seamlessly with each other in a smart home network (e.g., local network 204, FIG. 2) and/or with a central server or a cloud-computing system to provide a variety of useful smart home functions [0042]). Regarding Claim 6, Horling and Deyle disclose the claimed invention discussed in claim 1. Horling discloses the building systems comprise a security system (In some implementations, the simulated responses (e.g., barking) are suppressed when the user is known to be at home, e.g., as determined by their device location. In some implementations, this signal is used to switch from barking to “Are you home?”, if a noise is detected after the user has or is about to arrive home [0018]). Regarding Claim 7, Horling and Deyle disclose the claimed invention discussed in claim 6. Horling discloses the processor operations further comprise sending the stream of occupancy detection signals to a controller of a security system (In some implementations, the simulated responses (e.g., barking) are suppressed when the user is known to be at home, e.g., as determined by their device location. In some implementations, this signal is used to switch from barking to “Are you home?”, if a noise is detected after the user has or is about to arrive home [0018]). Regarding Claim 8, Horling and Deyle disclose the claimed invention discussed in claim 7. Horling discloses the building systems further comprise a fire detection system; the processor operations further comprise sending the stream of occupancy detection signals to a controller of a fire detection system (The one or more smart hazard detectors 104 may include thermal radiation sensors directed at respective heat sources (e.g., a stove, oven, other appliances, a fireplace, etc.). For example, a smart hazard detector 104 in a kitchen 153 includes a thermal radiation sensor directed at a stove/oven 112 [0045]). Regarding Claim 9, Horling and Deyle disclose the claimed invention discussed in claim 6. Horling discloses the building systems further comprise a heating, ventilation, and air conditioning (HVAC) system; and the processor operations further comprise sending the occupancy detection signals to a controller of the (HVAC) system (In some implementations, the one or more smart thermostats 102 detect ambient climate characteristics (e.g., temperature and/or humidity) and control a HVAC system 103 accordingly. For example, a respective smart thermostat 102 includes an ambient temperature sensor [0044]). Regarding Claim 10, Horling and Deyle disclose the claimed invention discussed in claim 9. Horling discloses the HVAC system comprises a zoned HVAC system (In some implementations, the one or more smart thermostats 102 detect ambient climate characteristics (e.g., temperature and/or humidity) and control a HVAC system 103 accordingly. For example, a respective smart thermostat 102 includes an ambient temperature sensor [0044]). Regarding Claim 11, Horling discloses a method of operating an occupancy detector comprising a processor configured to perform processor operations comprising (Accordingly, there is a need for methods, devices, and systems for monitoring activity on a premises via one or more voice assistant device(s) [0006]): receiving, during a monitoring period, real time audio signals from a plurality of sources in an indoor area-under-evaluation (In some implementations, the assistant learns what is normal background noise for the particular house. For example, with one or more training sessions where the microphone is left open for some length of time to collect the necessary data, the voice assistant comes to recognize routine sounds [0011]); performing, during the monitoring period, analysis on the real time audio signals (With the voice assistants there is an opportunity to help provide users peace of mind by monitoring their home environment, and alerting the user if something unexpected is detected. When the assistant is in a “home monitoring” mode, the microphone and other sensors are enabled, and audio or other useful data is analyzed (e.g., analyzed at a server system). [0007]); based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals (When the assistant is in a “home monitoring” mode, the microphone and other sensors are enabled, and audio or other useful data is analyzed (e.g., analyzed at a server system). If an anomaly is detected, the user or authorities can be notified. The user may then choose to review the unexpected event, and optionally live stream data to and/or from the assistant device [0007]), generating a stream of occupancy detection signals (The device obtains one or more monitoring criteria and, while operating in the monitoring mode, detecting a sound. The device obtains a determination as to whether the sound meets the one or more monitoring criteria. In accordance with a determination that the sound meets the one or more monitoring criteria [0019]) and providing the stream of occupancy detection signals to building systems of a site (obtains a classification of the sound; and (2) based on sound having a first sound classification, emits a first simulated occupant response of a plurality of simulated occupant responses via the one or more speakers [0019]), the building systems configured to adjust their operations based at least in part on the stream of occupancy detection signals (obtaining a determination as to whether the sound meets the one or more monitoring criteria; and (6) in accordance with a determination that the sound meets the one or more monitoring criteria: (a) obtaining a classification of the sound; and (b) based on sound having a first sound classification, emitting a first simulated occupant response of a plurality of simulated occupant responses via the one or more speakers [0020]). However, Horling does not explicitly disclose performing, during the monitoring period, analysis on the real time audio signals; based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation. Nevertheless, Deyle discloses based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation (For example, the audio detector can provide detected audio signals to the central system 210 for analysis, and the central system can determine if the detected audio signals are representative of a security violation. Likewise, the motion detector can provide detected motion signals to the central system, which can determine if the detected motion signals are representative of a security violation [0077]; Likewise, a robot can request that the centralized server compress data, perform video processing tasks, to stream video to other robots or entities, to perform machine learning tasks, or to perform any other processing- or resource-intensive tasks, and can provide the data to perform such tasks to the central system. The central system can also access a building's or company's databases or processing resources (such as servers or other computer systems), for instance to identify an individual within a building or to use the accessed processing resources to perform a computationally-intensive task [0174]), It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Horling, in view of Deyle performing, during the monitoring period, analysis on the real time audio signals; based at least in part on a result of the analysis performed, during the monitoring period, on the real time audio signals, making a determination of the real time audio signals that resulted from an action of a person located within an indoor area-under-evaluation to distinguish between audio signals related to a person and to improve audio signal characteristics and analysis. Regarding Claim 12, Horling and Deyle disclose the claimed invention discussed in claim 11. Horling discloses the processor comprises a machine learning algorithm having a machine learning model (In some implementations, the home assistant device receives an occupant command to operate the computer system in a learning mode. In some implementations, in response to the occupant command, the home assistant device transitions to operating in the learning mode. In some implementations, while operating in the learning mode, the home assistant device analyzes sounds of the home environment to identify a plurality of expected sounds within the home environment [0186]). Regarding Claim 13, Horling and Deyle disclose the claimed invention discussed in claim 12. Horling discloses the machine learning model is trained to perform a task comprising: performing, during the monitoring period, the analysis on the real time audio signals; and based at least in part on the result of the analysis performed on the real time audio signals (as discussed above). However, Horling does not explicitly disclose making the determination of the real time audio signals that resulted from the action of the person located within an indoor area-under-evaluation. Nevertheless, Deyle discloses making the determination of the real time audio signals that resulted from the action of the person located within an indoor area-under-evaluation (For example, the audio detector can provide detected audio signals to the central system 210 for analysis, and the central system can determine if the detected audio signals are representative of a security violation. Likewise, the motion detector can provide detected motion signals to the central system, which can determine if the detected motion signals are representative of a security violation [0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Horling, in view of Deyle making the determination of the real time audio signals that resulted from the action of the person located within an indoor area-under-evaluation to distinguish between audio signals related to a person and to improve audio signal characteristics and analysis. Regarding Claim 14, Horling and Deyle disclose the claimed invention discussed in claim 11. Horling discloses the indoor area-under evaluation is within a dwelling (This relates generally to activity monitoring, including but not limited to methods and systems for monitoring activity via a home assistant device [0003]).. Regarding Claim 15, Horling and Deyle disclose the claimed invention discussed in claim 11. Horling discloses one or more of the processor operations are performed by a cloud computing system (In some implementations, the integrated devices of the operating environment 100 include intelligent, multi-sensing, network-connected devices that integrate seamlessly with each other in a smart home network (e.g., local network 204, FIG. 2) and/or with a central server or a cloud-computing system to provide a variety of useful smart home functions [0042]). Regarding Claim 16, Horling and Deyle disclose the claimed invention discussed in claim 11. Horling discloses the building systems comprise a security system (as discussed above). Regarding Claim 17, Horling and Deyle disclose the claimed invention discussed in claim 16. Horling discloses the processor operations further comprise sending the stream of occupancy detection signals to a controller of a security system (In some implementations, the simulated responses (e.g., barking) are suppressed when the user is known to be at home, e.g., as determined by their device location. In some implementations, this signal is used to switch from barking to “Are you home?”, if a noise is detected after the user has or is about to arrive home [0018]). Regarding Claim 18, Horling and Deyle disclose the claimed invention discussed in claim 17. Horling discloses the building systems further comprise a fire detection system; and the processor operations further comprise sending the stream of occupancy detection signals to a controller of the fire detection system (The one or more smart hazard detectors 104 may include thermal radiation sensors directed at respective heat sources (e.g., a stove, oven, other appliances, a fireplace, etc.). For example, a smart hazard detector 104 in a kitchen 153 includes a thermal radiation sensor directed at a stove/oven 112 [0045]). Regarding Claim 19, Horling and Deyle disclose the claimed invention discussed in claim 16. Horling discloses the building systems further comprise a heating, ventilation, and air conditioning (HVAC) system; and the processor operations further comprise sending the stream of occupancy detection signals to a controller of the HVAC system (In some implementations, the one or more smart thermostats 102 detect ambient climate characteristics (e.g., temperature and/or humidity) and control a HVAC system 103 accordingly. For example, a respective smart thermostat 102 includes an ambient temperature sensor [0044]). Regarding Claim 20, Horling and Deyle disclose the claimed invention discussed in claim 19. Horling discloses the HVAC system comprises a zoned HVAC system (In some implementations, the one or more smart thermostats 102 detect ambient climate characteristics (e.g., temperature and/or humidity) and control a HVAC system 103 accordingly. For example, a respective smart thermostat 102 includes an ambient temperature sensor [0044]). Response to Arguments 35 USC § 101 Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive. The Applicant argues (p. 9): “On this record, the Examiner has not identified any recited formula, equation, or calculation, which is required to sustain the finding that the claim recites a mathematical concept. The rejection therefore fails Step 2A Prong One because it relies on an overgeneralization rather than a supported identification of a mathematical concept in the claim text. As the Examiner admits elsewhere in the office action, the remaining steps are "generically recited" as data gathering and generic computer elements, which itself underscores that the analysis and determination have not been shown to be mathematical relationships or calculations recited by the claim”. The Examiner disagrees and submits that “performing, during the monitoring period, analysis on the real time audio signals” appears to be an abstract idea step because it includes analytical tools that perform mathematical calculations according to the specification ([0034]) and it is not used to demonstrate a practical application. The Applicant argues (p. 10): “The amended claim language further overcomes the subject matter eligibility rejection because it integrates any alleged exception into a practical application under Step 2A Prong Two. The USPTO's guidance identifies implementing a judicial exception with a particular machine integral to the claim and effecting a transformation or reduction of a particular article to a different state or thing as considerations that indicate integration into a practical application. Requiring that building systems adjust their operations based on the stream of occupancy detection signals is a meaningful use of the determination that goes beyond data collection or passive reporting. In Step 2A Prong Two examiners must give weight to all additional elements regardless of conventionality and must not consider whether they are well understood routine conventional. The amendment imposes a meaningful limit and applies the alleged abstract processing in a concrete technological context of building system operation. Accordingly, the independent claims as a whole are not directed to an abstract idea and are subject matter eligible at Step 2A. Even if the analysis proceeds to Step 2B, the office action does not provide evidence that generating a stream of occupancy detection signals and causing building systems to adjust operations based on that stream is well understood routine conventional activity, so the rejection would also fail for lack of evidentiary support”. The Examiner disagrees and submits that the amended claim language are improvements in the abstract idea and are not qualified improvements to demonstrate a practical application. 35 USC § 103 Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive. The Applicant argues (p. 11): “The amendments to the independent claims overcome the obviousness rejection as presented because the combination of Horling and Deyle does not teach or fairly suggest the newly added output coupling that requires generating a stream of occupancy detection signals and providing that stream to building systems of a site, where those building systems are configured to adjust their operations based at least in part on the stream”. The Examiner disagrees and submits that the combination of references demonstrate “generating a stream of occupancy detection signals and providing that stream to building systems of a site, where those building systems are configured to adjust their operations based at least in part on the stream” In some implementations, in accordance with the determination that the sound meets the one or more monitoring criteria or in accordance with a determination that the sound has a first classification, the home assistant device performs one or more of: adjusting a lighting level of the home environment (e.g., turning on a light); adjusting a user interface of the home assistant to indicate that the sound meeting the one or more predefined criteria was detected (e.g., flashing an LED on the assistant); storing the sound (e.g., for later listening by the user); enabling a home device (e.g., turning on a tv or radio); and sending an alert (e.g., to a user and/or to the police) [0183]) . The Applicant argues (p. 8): “Neither Horling nor Deyle describes suggests feeding a continuous or real time stream of occupancy detection signals into building systems and having those systems autonomously adjust their operations based at least in part on that stream. Horling's only "stream" disclosure relates to optional live audio streaming to a user device (Summary [0007]), and Deyle's streaming examples relate to video processing and streaming between robots or servers (Deyle [0174]), not occupancy-driven control streams to building systems. “. The Examiner respectfully disagrees and submits that the current claim language does not include "autonomously adjust their operations based at least in part on that stream". Conclusion THIS ACTION IS MADE FINAL. 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 extension fee 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 SHARAH ZAAB whose telephone number is (571)272-4973. The examiner can normally be reached Monday - Friday 7:00 am - 4:30 pm. /SHARAH ZAAB/Examiner, Art Unit 2863 /Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2863
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Prosecution Timeline

Jul 11, 2023
Application Filed
Sep 17, 2025
Non-Final Rejection mailed — §101, §103
Dec 17, 2025
Response Filed
Jan 14, 2026
Final Rejection mailed — §101, §103
Mar 16, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
71%
Grant Probability
94%
With Interview (+23.3%)
3y 1m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 127 resolved cases by this examiner. Grant probability derived from career allowance rate.

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