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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-23 of U.S. Patent No. 10657949. Although the claims at issue are not identical, they are not patentably distinct from each other because of the similarity shown below:
18358081
10657949
24. A system, the system comprising: a media presentation device operable to present media; and a monitor device operably coupled to the media presentation device, wherein: the media presentation device is configured for communication via a resource, the monitor device is configured for communication via the resource, and the presentation of media is independent of the communication.
25. The system of claim 24, wherein the monitor device is operable to monitor security.
26. The system of claim 24, wherein the monitor device comprises one or more security devices.
27. The system of claim 24, wherein the monitor device is operable control lighting.
28. The system of claim 24, wherein the monitor device is operable to control temperature.
29. The system of claim 24, wherein the monitor device comprises one or more thermostats.
30. The system of claim 24, wherein the resource comprises a sensor.
31. The system of claim 24, wherein the resource comprises a media output device.
32. The system of claim 24, wherein the resource is within a loudspeaker enclosure.
33. The system of claim 24, wherein the resource is operable to provide an output to a user.
34. The system of claim 24, wherein the resource is operable to obtain a user input.
35. The system of claim 24, wherein the media presentation device comprises one or more loudspeakers operable to output speech audio.
36. The system of claim 24, wherein a device is operable to control the media presentation device.
37. The system of claim 24, wherein an external device is operable to control the monitor device.
38. The system of claim 24, wherein the media presentation device is operable to communicate a condition of a sensor.
39. The system of claim 38, wherein the sensor comprises one or more of: a temperature sensor, a gas sensor, a smoke sensor, and a motion detector.
40. The system of claim 24, wherein the resource comprises a microphone.
41. The system of claim 24, wherein the resource is operable to monitor one or more of temperature, gas, smoke, motion, humidity, and air quality.
42. The system of claim 24, wherein the resource is operable to determine a user location.
43. The system of claim 42, wherein the monitor device is operable to identify a media output device of the media presentation device with which to provide a user output based at least in part on the user location.
1. A home entertainment system, the home entertainment system comprising: a central media controller located on a home premises and comprising: at least one module operable to, at least: independently manage the presentation of home entertainment media in each of a plurality of media presentation zones located throughout the home premises; establish a communication link with a controller of another home system, the controller of the other home system being located on the home premises, the controller of the other home system being operable to independently manage a plurality of devices located throughout the home premises, wherein the presentation of the home entertainment media in each of the plurality of media presentation zones located throughout the home premises is independent of the communication link with the controller of the other home system, the other home system comprising: a home security system; and/or a home automation system that operates to control temperature, humidity, and/or light; and communicate with the other home system over the communication link regarding utilization of a resource of the home entertainment system by the other home system.
2. The home entertainment system of claim 1, wherein the resource comprises a sensor of the home entertainment system.
3. The home entertainment system of claim 1, wherein the resource comprises a media output device of the home entertainment system.
4. The home entertainment system of claim 1, wherein the resource comprises a resource within a loudspeaker enclosure of the home entertainment system.
5. The home entertainment system of claim 1, wherein the utilization of the resource comprises utilizing the resource to provide a user output.
6. The home entertainment system of claim 1, wherein the utilization of the resource comprises utilization of the resource to obtain a user input.
7. The home entertainment system of claim 1, wherein the at least one module of the central media controller is part of a home entertainment system media hub.
8. The home entertainment system of claim 1, wherein the at least one module is part of a loudspeaker component that is adapted to output at least speech audio.
9. A home entertainment system, the home entertainment system comprising: at least one module located on a home premises and operable to, at least: control a home entertainment system on the home premises; establish a communication link with a controller of another home system on the home premises, the controller of the other home system being operable to independently manage a plurality of devices located throughout the home premises, wherein the control of the home entertainment system on the home premises is independent of the communication link with the controller of the other home system, the other home system comprising: a home security system; and/or a home automation system that operates to control temperature, humidity, and/or light; utilize a sensor of the home entertainment system to sense a condition; and communicate with the other home system over the communication link regarding the sensed condition.
10. The home entertainment system of claim 9, wherein the sensor comprises one or more sensors of: a temperature sensor, a gas sensor, a smoke sensor, and/or a motion detector, said one or more sensors being integrated into a component of the home entertainment system.
11. The home entertainment system of claim 9, wherein the sensor comprises a microphone of a general-purpose loudspeaker component of the home entertainment system.
12. The home entertainment system of claim 9, wherein the sensor comprises a sensor within a loudspeaker enclosure of the home entertainment system.
13. The home entertainment system of claim 9, wherein the utilization of the sensor comprises utilization of the sensor to obtain a user input.
14. The home entertainment system of claim 9, wherein the utilization of the sensor comprises utilization of the sensor to monitor an environmental condition over which the home entertainment system has no control, where the environmental condition comprises temperature, humidity, and/or air quality.
15. The home entertainment system of claim 9, wherein the utilization of the sensor comprises utilization of the sensor to determine a location and/or presence of a person.
16. The home entertainment system of claim 9, wherein: the at least one module is operable to receive a request from the other home system to utilize the sensor; and the at least one module is operable to utilize the sensor in response to the received request.
17. The home entertainment system of claim 9, wherein the at least one module is part of a home entertainment system media hub located on the home premises.
18. The home entertainment system of claim 9, wherein the at least one module is part of a loudspeaker component that is adapted to output at least speech audio.
19. A home entertainment system, the home entertainment system comprising: at least one module located on a home premises and operable to, at least: establish a communication link with a controller of another home system, the other home system comprising a plurality of devices located throughout the home premises to provide one or more of a home security system and/or a home automation system, the primary purpose of the other home system being other than outputting entertainment media; communicate with the other home system over the communication link regarding utilization of a media output device of the home entertainment system by the other home system to provide a user output; and utilize the media output device to provide the user output, wherein a primary purpose of the home entertainment system is to provide entertainment media content to one or more media presentation zones on the home premises, wherein the home entertainment system is configured to provide the entertainment media content to one or more media presentation zones on the home premises independent of the communication link with the controller of the other home system.
20. The home entertainment system of claim 19, wherein the media output device comprises a loudspeaker of the home entertainment system.
21. The home entertainment system of claim 19, wherein the at least one module is operable to identify the media output device with which to provide the user output based at least in part on user location.
22. The home entertainment system of claim 19, wherein the at least one module is part of a home entertainment system media hub.
23. The home entertainment system of claim 19, wherein the at least one module is part of a general-purpose loudspeaker component of the home entertainment system.
Claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 11176922. Although the claims at issue are not identical, they are not patentably distinct from each other because of the similarity shown below:
18358081
11176922
24. A system, the system comprising: a media presentation device operable to present media; and a monitor device operably coupled to the media presentation device, wherein: the media presentation device is configured for communication via a resource, the monitor device is configured for communication via the resource, and the presentation of media is independent of the communication.
25. The system of claim 24, wherein the monitor device is operable to monitor security.
26. The system of claim 24, wherein the monitor device comprises one or more security devices.
27. The system of claim 24, wherein the monitor device is operable control lighting.
28. The system of claim 24, wherein the monitor device is operable to control temperature.
29. The system of claim 24, wherein the monitor device comprises one or more thermostats.
30. The system of claim 24, wherein the resource comprises a sensor.
31. The system of claim 24, wherein the resource comprises a media output device.
32. The system of claim 24, wherein the resource is within a loudspeaker enclosure.
33. The system of claim 24, wherein the resource is operable to provide an output to a user.
34. The system of claim 24, wherein the resource is operable to obtain a user input.
35. The system of claim 24, wherein the media presentation device comprises one or more loudspeakers operable to output speech audio.
36. The system of claim 24, wherein a device is operable to control the media presentation device.
37. The system of claim 24, wherein an external device is operable to control the monitor device.
38. The system of claim 24, wherein the media presentation device is operable to communicate a condition of a sensor.
39. The system of claim 38, wherein the sensor comprises one or more of: a temperature sensor, a gas sensor, a smoke sensor, and a motion detector.
40. The system of claim 24, wherein the resource comprises a microphone.
41. The system of claim 24, wherein the resource is operable to monitor one or more of temperature, gas, smoke, motion, humidity, and air quality.
42. The system of claim 24, wherein the resource is operable to determine a user location.
43. The system of claim 42, wherein the monitor device is operable to identify a media output device of the media presentation device with which to provide a user output based at least in part on the user location.
1. An automation system, the automation system comprising: a media controller operable to control a presentation of media in each of a plurality of locations; a security system operable to monitor security in each of the plurality of locations; a thermostat operable to monitor and control temperature in each of the plurality of locations; and, a communication link operable to share a resource between at least two of the media controller, the security system and the thermostat, wherein the presentation of home media in each of the plurality of locations is independent of the communication link.
2. The automation system of claim 1, wherein the resource comprises a sensor.
3. The automation system of claim 1, wherein the resource comprises a media output device.
4. The automation system of claim 1, wherein the resource is within a loudspeaker enclosure.
5. The automation system of claim 1, wherein the resource is operable to provide an output to a user.
6. The automation system of claim 1, wherein the resource is operable to obtain a user input.
7. The automation system of claim 1, wherein the media controller comprises a loudspeaker operable to output speech audio.
8. An automation system, the automation system comprising: a first module on a premises operable to control a media system; a second module on the premises operable to control a security system via a plurality of devices located throughout the premises; and a communication link between the first module and the second module, wherein: the control of the media system is independent of the communication link, and the communication link is operable to communicate a condition of a sensor.
9. The automation system of claim 8, wherein the sensor comprises one or more of: a temperature sensor, a gas sensor, a smoke sensor, and a motion detector.
10. The automation system of claim 8, wherein the sensor comprises a microphone.
11. The automation system of claim 8, wherein the sensor is located within a loudspeaker enclosure.
12. The automation system of claim 8, wherein the sensor is operable to obtain a user input.
13. The automation system of claim 8, wherein the sensor is operable to monitor temperature, humidity, and/or air quality.
14. The automation system of claim 8, wherein the sensor is operable to determine a location and/or presence of a person.
15. The automation system of claim 8, wherein the first module is operable to receive a request from the second module to utilize the sensor.
16. The automation system of claim 8, wherein the first module is part of a loudspeaker component.
17. The automation system of claim 8, wherein the second module is operable to monitor temperature and humidity.
18. The automation system of claim 8, wherein the second module is operable to control lighting.
19. An automation system, the automation system comprising: a module operable to establish a communication link between a first home network and a second home network, wherein: the first home network comprises a plurality of media output devices, the second home network comprises a plurality of sensors, the module is operable to provide entertainment content, via the first home network, to one or more of the plurality of media output devices independent of the communication link, and the second home network is operable, via the communication link, to utilize one or more of the plurality of media output devices to provide a user output.
20. The automation system of claim 19, wherein the module is operable to identify a media output device of the plurality of media output devices with which to provide the user output based at least in part on a user location.
Claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11749249. Although the claims at issue are not identical, they are not patentably distinct from each other because of the similarity shown below:
18358081
11749249
24. A system, the system comprising: a media presentation device operable to present media; and a monitor device operably coupled to the media presentation device, wherein: the media presentation device is configured for communication via a resource, the monitor device is configured for communication via the resource, and the presentation of media is independent of the communication.
25. The system of claim 24, wherein the monitor device is operable to monitor security.
26. The system of claim 24, wherein the monitor device comprises one or more security devices.
27. The system of claim 24, wherein the monitor device is operable control lighting.
28. The system of claim 24, wherein the monitor device is operable to control temperature.
29. The system of claim 24, wherein the monitor device comprises one or more thermostats.
30. The system of claim 24, wherein the resource comprises a sensor.
31. The system of claim 24, wherein the resource comprises a media output device.
32. The system of claim 24, wherein the resource is within a loudspeaker enclosure.
33. The system of claim 24, wherein the resource is operable to provide an output to a user.
34. The system of claim 24, wherein the resource is operable to obtain a user input.
35. The system of claim 24, wherein the media presentation device comprises one or more loudspeakers operable to output speech audio.
36. The system of claim 24, wherein a device is operable to control the media presentation device.
37. The system of claim 24, wherein an external device is operable to control the monitor device.
38. The system of claim 24, wherein the media presentation device is operable to communicate a condition of a sensor.
39. The system of claim 38, wherein the sensor comprises one or more of: a temperature sensor, a gas sensor, a smoke sensor, and a motion detector.
40. The system of claim 24, wherein the resource comprises a microphone.
41. The system of claim 24, wherein the resource is operable to monitor one or more of temperature, gas, smoke, motion, humidity, and air quality.
42. The system of claim 24, wherein the resource is operable to determine a user location.
43. The system of claim 42, wherein the monitor device is operable to identify a media output device of the media presentation device with which to provide a user output based at least in part on the user location.
1. A home network, the home network comprising: a media system, wherein: the media system is operable to present media in a plurality of locations, the media system is configured for communication via a resource, and the presentation of media is independent of the communication; and a monitor system, wherein: the monitor system is operably couple to the plurality of locations, and the monitor system is configured for communication via the resource.
2. The home network of claim 1, wherein the monitor system is operable to monitor security at the plurality of locations.
3. The home network of claim 1, wherein the monitor system comprises one or more security devices.
4. The home network of claim 1, wherein the monitor system is operable control lighting.
5. The home network of claim 1, wherein the monitor system is operable to control temperature at the plurality of locations.
6. The home network of claim 1, wherein the monitor system comprises one or more thermostats.
7. The home network of claim 1, wherein the resource comprises a sensor.
8. The home network of claim 1, wherein the resource comprises a media output device.
9. The home network of claim 1, wherein the resource is within a loudspeaker enclosure.
10. The home network of claim 1, wherein the resource is operable to provide an output to a user.
11. The home network of claim 1, wherein the resource is operable to obtain a user input.
12. The home network of claim 1, wherein the media system comprises one or more loudspeakers operable to output speech audio.
13. The home network of claim 1, wherein a device is operable to control the media system.
14. The home network of claim 1, wherein a device is operable to control the monitor system.
15. The home network of claim 1, wherein the media system is operable to communicate a condition of a sensor.
16. The home network of claim 15, wherein the sensor comprises one or more of: a temperature sensor, a gas sensor, a smoke sensor, and a motion detector.
17. The home network of claim 1, wherein the resource comprises a microphone.
18. The home network of claim 1, wherein the resource is operable to monitor one or more of temperature, gas, smoke, motion, humidity, and air quality at the plurality of locations.
19. The home network of claim 1, wherein the resource is operable to determine a user location.
20. The home network of claim 19, wherein the monitor system is operable to identify a media output device of the media system with which to provide a user output based at least in part on the user location.
Claim Objections
Claim 27 is objected to because of the following informalities: The claim should recite that the “monitor device is operable to control lighting.”. Appropriate correction is required.
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 24-43 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 24 is rejected because there is no original disclosure of “presentation of media being independent of the communication” according to the recitation of the claim as a whole.
Claim 30 is rejected because there is no original disclosure of a resource being a sensor wherein the resource is also consistent with the recitation of claim 24.
Claim 41 is rejected because the original disclosure does not teach a resource that meets the limitations of claim 24 and wherein the resource is operable to monitor one or more of temperature, gas, smoke, motion, humidity, and air quality.
Claim 42 is rejected because the original disclosure does not teach a resource that meets the limitations of claim 24 and wherein the resource is operable to determine a user location.
Claim 43 is rejected because the original disclosure does not teach a resource that meets the limitations of claim 24 and wherein the monitor device is operable to identify a media output device of the media presentation device with which to provide a user output based at least in part on the user location.
Claims 25-43 are further rejected for incorporating the issues of the claims on which they each depend.
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 24-43 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 24 is indefinite because it recites that “presentation of media is independent of communication”. However, the media presentation device is operable to present media and the media presentation device is configured for communication via the resource. The presentation of media can’t be said to be “independent” of communication if they are both performed with the same media presentation device. Accordingly, the recitation of that “the presentation of media is independent of communication” raises more questions about what the subject matter which the inventor or a joint inventor regards as the invention than how much it limits the subject matter.
Claims 25-43 are further rejected for incorporating the issues of the claims on which they each depend.
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.
Claim(s) 24-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fadell (US 20130173064, IDS 7/25/23).
Regarding claim 24, Fadell teaches a system, the system comprising: a media presentation device operable to present media (wherein the “digital appliance” can be a smartphone, [0051]; smartphones inherently present media; alternatively the presentation device can be interpreted as the smart phone screen only); and a monitor device operably coupled to the media presentation device (VCSU senses non-HVAC related event, [0051]; providing alarms, alerts, or other information to the user on their digital appliance (and/or a user designee such as a home security service or the local police department) based on VSCU-sensed non-HVAC related events, [0051]), wherein: the media presentation device is configured for communication via a resource (smartphone inherently has loudspeaker, [0051]), the monitor device is configured for communication via the resource (VCSU can send alarm to user on their digital appliance, [0051]; alternatively, the resource can be considered the smart phone microphone, [0051]), and the presentation of media is independent of the communication (the alert is provided by the digital appliance/smart phone but the presentation of media can be said to be the output of audio, images, or video on the smartphone, [0051]; in that way, audio content listened to on the smart phone can be said to be independent of an audible alarm output by the smartphone even though both use the smart phone loudspeaker “resource”; alternatively, the media presentation can be considered images or video on the smart phone screen).
While Fadell does not explicitly state that the smartphone has loudspeakers to output the explicitly disclosed alarm or alert, it would have been obvious to one of ordinary skill in the art that an audio alert through speakers would have been a suitable solution since an alarm in the context of a digital device would be most likely construed as something that makes sound and at minimum a vibration. Accordingly, while it may not inherently be a loudspeaker, it would have been immediately obvious to one of ordinary skill in the art that a smart phone might have a speaker and that the alarm could make use of the speaker as a matter of common sense in interpreting the explicit teachings of the prior art reference.
Regarding claim 25, Fadell teaches the system of claim 24, wherein the monitor device is operable to monitor security (VSCU-sensed non-HVAC related events (e.g., an intruder alert as sensed by the VSCU's multi-sensor technology), [0051]).
Regarding claim 26, Fadell teaches the system of claim 24, wherein the monitor device comprises one or more security devices (VSCU-sensed non-HVAC related events (e.g., an intruder alert as sensed by the VSCU's multi-sensor technology), [0051]).
Regarding claim 27, Fadell teaches the system of claim 24, wherein the monitor device is operable control lighting (thermostat 1800 can control the lighting of its LCD display, [0198]; "thermostat" and "VSCU unit" may be seen as generally interchangeable for the contexts of HVAC control of an enclosure, [0166]).
Regarding claim 28, Fadell teaches the system of claim 24, wherein the monitor device is operable to control temperature (thermostat inherently regulates temperature, [0198]; see wording of [0166] that Fadell intends the thermostat to control temperature; "thermostat" and "VSCU unit" may be seen as generally interchangeable for the contexts of HVAC control of an enclosure, [0166]).
Regarding claim 29, Fadell teaches he system of claim 24, wherein the monitor device comprises one or more thermostats (thermostat, [0166]; "thermostat" and "VSCU unit" may be seen as generally interchangeable for the contexts of HVAC control of an enclosure, [0166]).
Regarding claim 30, Fadell teaches the system of claim 24, wherein the resource comprises a sensor (inherent smart phone microphone, [0051]).
Regarding claim 31, Fadell teaches the system of claim 24, wherein the resource comprises a media output device (inherent smart phone loudspeaker, [0051]).
Regarding claim 32, Fadell teaches the system of claim 24, wherein the resource is within a loudspeaker enclosure (smart phones can obviously be loudspeaker enclosures as a matter of common sense in interpreting the meaning of the prior art, [0051]; that is, one of ordinary skill in the art reading a disclosure written around 2011 or 2012 such as Fadell would have immediately envisaged a smart phone that constitutes a loudspeaker enclosure).
Regarding claim 33, Fadell teaches the system of claim 24, wherein the resource is operable to provide an output to a user (inherent smart phone loudspeaker, [0051]).
Regarding claim 34, Fadell teaches the system of claim 24, wherein the resource is operable to obtain a user input (inherent smart phone microphone, [0051]).
Regarding claim 35, Fadell teaches the system of claim 24, wherein the media presentation device comprises one or more loudspeakers operable to output speech audio (smart phone capable of outputting alarm, [0051]; obviously could have loudspeakers if disclosure is interpreted through the eyes of one having ordinary skill in the art).
Regarding claim 36, Fadell teaches the system of claim 24, wherein a device is operable to control the media presentation device (obvious that smartphone would have keyboard, either physical or virtual to control media output on the device as would have been immediately envisaged by one of ordinary skill in the art, [0051]).
Regarding claim 37, Fadell teaches the system of claim 24, wherein an external device is operable to control the monitor device (When the VSCU unit is connected to the internet via a home network, such as through IEEE 802.11 (Wi-Fi) connectivity, additional capabilities provided according to one or more embodiments include, but are not limited to: […]; receiving user control commands from the user's computer, network-connected television, smart phone, or other stationary or portable data communication appliance (hereinafter collectively referenced as the user's "digital appliance"); providing an interactive user interface to the user through their digital appliance, [0051]; "thermostat" and "VSCU unit" may be seen as generally interchangeable for the contexts of HVAC control of an enclosure, [0166]).
Regarding claim 38, Fadell teaches the system of claim 24, wherein the media presentation device is operable to communicate a condition of a sensor (smart phone output of VSCU-sensed non-HVAC related events (e.g., an intruder alert as sensed by the VSCU's multi-sensor technology), [0051]).
Regarding claim 39, Fadell teaches the system of claim 38, wherein the sensor comprises one or more of: a temperature sensor, a gas sensor, a smoke sensor, and a motion detector (motion sensor 1830, [0167]).
Regarding claim 40, Fadell teaches the system of claim 24, wherein the resource comprises a microphone (resource can be considered the smart phone microphone, [0051]).
Regarding claim 41, Fadell teaches the system of claim 24, wherein the resource is operable to monitor one or more of temperature, gas, smoke, motion, humidity, and air quality (motion sensing for occupancy detection, [0168]).
Regarding claim 42, Fadell teaches the system of claim 24, wherein the resource is operable to determine a user location (motion sensing for occupancy detection, [0168]).
Regarding claim 43, Fadell teaches the system of claim 42, wherein the monitor device is operable to identify a media output device of the media presentation device with which to provide a user output based at least in part on the user location (proximity sensing is useful for enhancing the user experience by being "ready" for interaction as soon as, or very soon after the user is ready to interact with the thermostat, [0168]).
Response to Arguments
Applicant’s arguments are persuasive that claims 24-43 of the preliminary amendment should have been examined.
Conclusion
Because the new grounds of rejection presented herein were not necessitated by applicant’s amendments, this Office action is made non-final.
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/KILE O BLAIR/ Primary Examiner, Art Unit 2691