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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 02, 2026 has been entered. Claims 1, 8 and 15 have been amended. Claims 1-4, 6-11, 13-17 and 19-23 are currently pending.
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.
Claim(s) 1, 3, 4, 6-8, 10, 11, 13-15, 17 and 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnett et al. (Barnett; US Pub No. 2010/0302042 A1) in view of Nuhaan et al. (Nuhaan; US Pub No. 2008/0294490 A1) and Kidd et al. (Kidd; US Pub No. 2017/0228520 A1).
As per claim 1, Barnett teaches a smart action system for selecting a smart action, the smart action system comprising:
a memory storing one or more computer-readable instructions (paragraph [0046]); and
a processor configured to execute the one or more computer-readable instructions (paragraph [0043]) to:
monitor for one or more… parameters (paragraphs [0016]-[0018])…
receive the one or more… parameters (Fig. 2, Sensors 24-31, Computer 35)…
identify at least one of the one or more… parameters as associated with a user (paragraph [0017]; paragraph [0019], lines 1-3)…
select the smart action based on the at least one of the one or more… parameters (paragraph [0019], lines 1-3)… and
initiate the smart action (Fig. 4; paragraph [0023], lines 1-7).
Barnett does not expressly teach biometric parameters for a plurality of users, each of the plurality of users having a user identifier… for the plurality of users… from the plurality of users, the user identified based on the user identifier for the user… parameters associated with the user… for the user based on a profile configuration associated with the user identifier.
Nuhaan teaches biometric parameters (paragraph [0060]).
As both the prior art of Barnett and the prior art of Nuhaan are drawn toward senior care and independent living, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the biometric parameter monitoring of Nuhaan, since Nuhaan states that such a modification would result in ensuring the physical safety of a user through sending automatic alerts if an abnormal parameter is detected.
Kidd teaches for a plurality of users, each of the plurality of users having a user identifier… for the plurality of users… from the plurality of users, the user identified based on the user identifier for the user… parameters associated with the user… for the user based on a profile configuration associated with the user identifier (paragraph [0076]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the plurality of user profiles as taught by Kidd, since Kidd states in paragraph [0076] that such a modification would result in tailoring an action by a smart device to a specific user.
As per claim 3, Barnett in view of Nuhaan and Kidd further teaches the network device of claim 1, wherein the initiating the smart action comprises:
providing a notification to the user (Barnett, paragraph [0019], lines 1-3; paragraph [0023], lines 1-7).
As per claim 4, Barnett in view of Nuhaan and Kidd further teaches the network device of claim 3, wherein the notification is associated with a reminder (Barnett, paragraph [0014]).
As per claim 6, Barnett in view of Nuhaan and Kidd further teaches the network device of claim 1, wherein the one or more biometric parameters comprise a sound associated with any of the user, an animal, a sensing device, or any combination thereof (Barnett, paragraph [0020]).
As per claim 7, Barnett in view of Nuhaan and Kidd further teaches the network device of claim 1, wherein the one or more biometric parameters are received from a client device, a sensing device, or both (Barnett, paragraph [0020], lines 2-3).
As per claim 8, (see rejection of claim 1 above) a method for a smart action system to select a smart action, the method comprising:
monitoring for one or more biometric parameters for a plurality of users, each of the plurality of users having a user identifier;
receiving the one or more biometric parameters for the plurality of users;
identifying at least one of the one or more biometric parameters as associated with a user from the plurality of users, the user identified based on the user identifier for the user;
selecting a smart action based on the at least one of the one or more biometric parameters associated with the user; and
initiating the smart action for the user based on a profile configuration associated with the user identifier.
As per claim 10, (see rejection of claim 3 above) the method of claim 8, wherein the initiating the smart action comprises:
providing a notification to the user.
As per claim 11, (see rejection of claim 4 above) the method of claim 10, wherein the notification is associated with a reminder.
As per claim 13, (see rejection of claim 6 above) the method of claim 8, wherein the one or more biometric parameters comprise a sound associated with any of the user, an animal, a sensing device, or any combination thereof.
As per claim 14, (see rejection of claim 7 above) the method of claim 8, wherein the one or more biometric parameters are received from a client device, a sensing device, or both.
As per claim 15, (see rejection of claim 1 above) a non-transitory computer-readable medium of a smart action system storing one or more instructions for selecting a smart action, which when executed by a processor of the smart action system, cause the smart action system to perform one or more operations (Barnett, paragraphs [0043]-[0046]) comprising:
monitoring for one or more biometric parameters for a plurality of users, each of the plurality of users having a user identifier;
receiving the one or more biometric parameters for the plurality of users;
identifying at least one of the one or more biometric parameters as associated with a user from the plurality of users, the user identified based on the user identifier for the user;
selecting a smart action based on the at least one of the one or more biometric parameters associated with the user; and
initiating the smart action for the user based on a profile configuration associated with the user identifier.
As per claim 17, (see rejection of claim 3 above) the non-transitory computer-readable medium of claim 15, wherein the initiating the smart action comprises:
providing a notification to the user.
As per claim 19, (see rejection of claim 6 above) the non-transitory computer-readable medium of claim 15, wherein the one or more biometric parameters comprise a sound associated with any of the user, an animal, a sensing device, or any combination thereof.
As per claim 20, (see rejection of claim 7 above) the non-transitory computer-readable medium of claim 15, wherein the one or more biometric parameters are received from a client device, a sensing device, or both.
As per claim 21, in view of Nuhaan and Kidd further teaches the network device of claim 1, wherein the one or more biometric parameters are received from a blood pressure monitor, an oxygen saturation meter, or a pulse meter (Nuhaan, paragraph [0060]).
As per claim 22, (see rejection of claim 21 above) the method of claim 8, wherein the one or more biometric parameters are received from a blood pressure monitor, an oxygen saturation meter, or a pulse meter.
As per claim 23, (see rejection of claim 21 above) the non-transitory computer-readable medium of claim 15, wherein the one or more biometric parameters are received from a blood pressure monitor, an oxygen saturation meter, or a pulse meter.
Claim(s) 2, 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnett in view of Nuhaan and Kidd as applied above, and further in view of Lin (US Pub No. 2021/0287519 A1).
As per claim 2, Barnett in view of Nuhaan and Kidd teaches the network device of claim 1.
Barnett in view of Nuhaan and Kidd does not expressly teach wherein the processor is further configured to execute the one or more computer-readable instructions to:
receive a user input based on the initiating the smart action.
Lin teaches wherein the processor is further configured to execute the one or more computer-readable instructions to:
receive a user input based on the initiating the smart action (paragraph [0037]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the message acknowledgement as taught by Lin, since Lin states in paragraph [0037] that such a modification would result in a user acknowledging that a message has been received and an action has been performed.
As per claim 9, (see rejection of claim 2 above) the method of claim 8, further comprising:
receiving a user input based on the initiating the smart action.
As per claim 16, (see rejection of claim 2 above) the non-transitory computer-readable medium of claim 15, wherein the one or more operations further comprise:
receiving a user input based on the initiating the smart action.
Response to Arguments
Applicant’s arguments with respect to the above claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/NAOMI J SMALL/ Primary Examiner, Art Unit 2685