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 Amendment
This application is responsive to amendments/remarks received 01/23/2026. Claims 1 and 2 amended. Claims 1 and 2 remain pending.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 line 13 needs a comma after ‘temperature levels’.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tournier (US Patent No. 11620897).
In re claim 1, Tournier teaches A system comprising:
a) a PIR sensor circuit with a PIR sensor for controlling [[and]] an electrical load circuit in response to occupancy detection (Abstract: “A monitoring system that is configured to monitor a property is disclosed. The monitoring system includes a passive infrared (PIR) sensor configured to generate reference PIR data that represents motion within an area of the property;”);
b) an auxiliary sensor for measuring or monitoring an environmental condition (Col 3, lines 45-54: “The motion sensor 110 includes one or more auxiliary sensors 114. For example, the auxiliary sensors 114 can be light sensors, visible light cameras, infrared cameras, still cameras, video cameras, structured light sensors, time of flight (ToF) sensors, radio detection and ranging (RADAR), Doppler RADAR, light detection and ranging (LIDAR), microphones, or any combination of sensors. The auxiliary sensors 114 can collect additional information from the environment to improve the accuracy of the motion sensor 110.” and col 3, lines 55-63: “In some implementations, the motion sensor 110 can use different auxiliary sensors based on various conditions. For example, in a dark environment, a Doppler RADAR may be more useful than a visible light video camera. The motion sensor 110 can determine that the environment is dark based on, for example, light sensors or clocks. When the motion sensor 110 determines that an auxiliary sensor will be activated in a dark environment, the motion sensor 110 can activate the Doppler RADAR instead of the video camera.”); and
c) computing device connected to the PIR sensor and the auxiliary sensor for running corrective software or firm-wear to reduce false triggers of the PIR sensor circuit based on the environmental condition measured or monitored by the auxiliary sensor (Col 8, lines 18-31: “In some implementations, machine learning with auxiliary sensors can be used during product development of motion sensors. Multiple auxiliary sensors can be added to improve accuracy before installation. For example, in addition to visible light cameras, auxiliary sensors can be sensors such as infrared cameras, structured light sensors, ToF sensors, microphones, light sensors, LIDAR, RADAR, pressure sensors, and gas sensors. In some implementations, during product development, auxiliary sensors can collect data continuously, so that the validators can identify all false positive detections and all false negative detections. Auxiliary data from auxiliary sensors can be used to train motion sensors during product development, with additional training occurring after installation.”), wherein the environmental condition includes one or more of ambient lighting levels, ambient temperature levels moisture levels and wind levels (Col 16, lines 31-39: “The control unit system that includes the control unit 510 includes one or more sensors. For example, the monitoring system may include multiple sensors 520. The sensors 520 may include a lock sensor, a contact sensor, a motion sensor, or any other type of sensor included in a control unit system. The sensors 520 also may include an environmental sensor, such as a temperature sensor, a water sensor, a rain sensor, a wind sensor, a light sensor, a smoke detector, a carbon monoxide detector, an air quality sensor, etc.”).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lizzi (US Patent No. 5030941 A), in view of Tournier (US Patent No. 11620897).
In re claim 2, Lizzi teaches A method comprising:
a) measuring a voltage curve of an auxiliary sensor with a CPU to determine a type of the auxiliary sensor (Col 7, lines 38-44: “FIGS. 5 and 6 illustrate a basic example of this, making use of a heat sensor 35 to provide the function of the auxiliary sensor 8. Conventionally available heat sensors 35 incorporate a pair of elements 36, 37 which cooperate to develop a differential signal which corresponds to the difference in level detected at the element 36, 37, respectively.” and col 8, lines 14-27: “In conjunction with the acquisition of information performed in FIG. 2, at 10, steps are first taken to determine the type of sensor which is being utilized by the EAS system 1, at 45. To this end, a first test is made at 46 to determine whether the sensor which is used is a passive sensor, such as a photoelectric device or a basic heat sensor. Such sensors are only capable of quantitative measurements, and steps are therefore taken to perform the available measurement, at 47, and to then derive the object's velocity (i.e. rate of movement and whether approaching or departing from the EAS system), at 48, either as a time rate of change measurement, or by analyzing the output waveform, as previously described.”);
b) commissioning the CPU to run corrective software or firm-wear based on the type of the auxiliary sensor determined by the voltage curve (SEE FIGS. 7 and 2); and
c) running the corrective software or firm-wear to compensate triggering of PIR sensor circuit connected to the CPU based on an environmental condition measured or monitored by the auxiliary sensor (Cols 7-8, lines 67-68 and 1-6: “Yet another variation which warrants separate consideration is that different, and indeed more elaborate sensor types may be used to determine the position of a person relative to the EAS system 1, providing still further information for processing as previously described. This could include the use of commercially available sensors such as ultrasonic detectors, microwave detectors and infrared detectors, as desired.” and col 8, lines 51-62: “In any event, steps are then taken to modify various parameters used in performing the steps illustrated in FIG. 2 of the drawings, in accordance with the velocity measurements previously made, at 55. Such modifications may include variation of the delay established when latching the internal alarm, at 13, variation of the counts (system and background) which are performed at 11, and/or variation of the delay established when latching the auxiliary sensor 8, for the test 14. Information is then acquired, at 10, as previously described, making use of the modified parameters developed in accordance with the type of sensor in use.”).
Lizzi fails to teach wherein the auxiliary sensor is a sensor for monitoring ambient lighting levels, ambient temperature levels, moisture levels or wind levels.
However, Tournier teaches wherein the auxiliary sensor is a sensor for monitoring ambient lighting levels, ambient temperature levels, moisture levels or wind levels (Col 16, lines 31-39: “The control unit system that includes the control unit 510 includes one or more sensors. For example, the monitoring system may include multiple sensors 520. The sensors 520 may include a lock sensor, a contact sensor, a motion sensor, or any other type of sensor included in a control unit system. The sensors 520 also may include an environmental sensor, such as a temperature sensor, a water sensor, a rain sensor, a wind sensor, a light sensor, a smoke detector, a carbon monoxide detector, an air quality sensor, etc.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lizzi to incorporate the teachings of Tournier to provide wherein the auxiliary sensor is a sensor for monitoring ambient lighting levels, ambient temperature levels, moisture levels or wind levels with the Electronic Article Surveillance System Incorporating An Auxiliary Sensor of Lizzi. Doing so enables using machine learning to improve the performance of motion sensors using auxiliary sensors, as recognized by Tournier (Col 1, lines 28-30).
Response to Arguments
Applicant arguments/remarks received 01/23/2026 have been fully considered but they are not persuasive.
Applicant argues rejection of claim 1 on page 3 of applicant remarks:
“Tournier teaching a motion detection system that includes an auxiliary sensor that is used for machine learning to reduce the number of false motion detections. However, the motion detection system of Tournier used a second motion detection auxiliary sensor to accomplish this goal and fails to teach using an auxiliary sensor for monitoring ambient lighting levels, ambient temperature levels, moisture levels or wind levels to apply corrective software that reduces the number of false motion detections. For at least these reasons, the Claim 1 is now allowable over the teachings of Tournier.”
Examiner respectfully disagrees. Tournier teaches at least in cols 12-13, lines 62-67 and 1-7 “The process 400 includes obtaining a second set of motion detection criteria based on the reference PIR data and the auxiliary sensor data (408). The second set of motion detection criteria can be, for example, the revised criteria 150 in FIG. 1. The second set of motion detection criteria can be determined through a validation procedure that uses machine learning. A monitoring server, e.g., the server 135, can receive, from the motion sensor 110, the PIR data 125 and the auxiliary data 130. The server 135 can determine the second set of motion detection criteria, e.g., the revised criteria 150, based on the PIR data 125 and the auxiliary data 130. The motion sensor 110 can obtain the revised criteria 150 from the server 135.”, Col 16, lines 31-39: “The control unit system that includes the control unit 510 includes one or more sensors. For example, the monitoring system may include multiple sensors 520. The sensors 520 may include a lock sensor, a contact sensor, a motion sensor, or any other type of sensor included in a control unit system. The sensors 520 also may include an environmental sensor, such as a temperature sensor, a water sensor, a rain sensor, a wind sensor, a light sensor, a smoke detector, a carbon monoxide detector, an air quality sensor, etc.” and col 23, lines 20-27 “The system 500 further includes a motion sensor 595 in communication with the control unit 510 through a communication link 597… The motion sensor 595 may be the indoor motion sensor 110 and the monitoring server 560 may be the server 135.”, therefore Tournier teaches using sensors 520 that include an environmental sensor, such as a temperature sensor, a water sensor, a rain sensor, a wind sensor, a light sensor, a smoke detector, a carbon monoxide detector, an air quality sensor, etc. with the monitoring server 560/135, to perform a validation procedure that uses machine learning to reduce the number of false motion detections.
Applicant argues rejection of claim 2 on page 4 of applicant remarks:
“Lizzi teaches a motion detection system that uses an auxiliary sensor. The auxiliary sensor is used to reduce the number of false alarms resulting form merchandise tags triggering an alarm. Basically, Lizzi systems requires two events to occur for an alarm to go off; namely, detection of person and detection of a merchandise tag. While Lizzi does teach a step of determining the type of auxiliary sensor being used [Column 8, line 14-20; Lizzi], Lizzi fails to teach or suggest any details of how such a determination is made. Specifically, Lizzi fails to teach or suggest the steps of measuring a voltage curve of an auxiliary sensor with a CPU to determine a type of the auxiliary sensor and commissioning the CPU to run corrective software or firm-wear based on the type of the auxiliary sensor determined by the voltage curve. For at least these reason. The Claim 2 is allowable over the teachings of Lizzi.”
Examiner respectfully disagrees. Lizzi teaches in col 8, lines 14-27: “In conjunction with the acquisition of information performed in FIG. 2, at 10, steps are first taken to determine the type of sensor which is being utilized by the EAS system 1, at 45. To this end, a first test is made at 46 to determine whether the sensor which is used is a passive sensor, such as a photoelectric device or a basic heat sensor. Such sensors are only capable of quantitative measurements, and steps are therefore taken to perform the available measurement, at 47, and to then derive the object's velocity (i.e. rate of movement and whether approaching or departing from the EAS system), at 48, either as a time rate of change measurement, or by analyzing the output waveform, as previously described.”, examiner notes Lizzi’s ‘analyzing an output waveform’ describes a voltage curve of the sensor device being analyzed; and, as described on Google, “a heat (temperature) sensor waveform refers to the electrical signal pattern an electronic control unit (ECU) receives from a sensor as it registers temperature changes.”. Finally, given FIG 7, at step 55 parameters are modified, or ‘commissioning the CPU to run corrective software’.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD MUNION whose telephone number is (571)270-0437. The examiner can normally be reached Monday-Friday 7:30-5:00.
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/JAMES E MUNION/Examiner, Art Unit 2688 06/02/2026
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
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