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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“an audio processing module connected to the at least one microphone and arranged to implement the first detection function by analysing an audio signal captured by the at least one microphone” (claim 2);
“the audio processing module is arranged to calculate an average power of the audio signal, and to detect the presence of the user if the average power is greater than a predetermined threshold” (claim 3);
“the audio processing module applies a filter to the audio signal having a bandwidth which includes a frequency band corresponding to the human voice” (claim 4);
“the audio processing module uses a first automatic learning algorithm, trained beforehand, to detect in the audio signal, the presence of a sound corresponding to the presence of the user” (claim 5);
“an image processing module connected to the camera and arranged to implement the second detection function by analysing images captured by the camera” (claim 6);
“the image processing module uses a Viola-Jones algorithm to detect a face in the images captured by the camera” (claim 7); and
“the image processing module uses a second automatic learning algorithm, trained beforehand, to detect the presence of the user in the images captured by the camera” (claim 8).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claims 2-8, 11 and 13-15 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.
The claim limitations identified in the Claim Interpretation section above invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The disclosure is silent with respect to what is the structure of the audio processing module and the image processing module. FIG. 1 merely depicts them as black boxes and the specification does not define any structure for these modules.
Therefore, the claims are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
In addition, claim 8 recites the limitation "a second automatic learning algorithm" in line 2. However, neither this claim or claim 1 (upon which claim 8 depends on) defines “a first automatic learning algorithm”. Accordingly, the recited “second automatic learning algorithm” is non sequitur, which renders the scope of the claim indefinite.
The same rationale applies to claim 11 reciting “a second predetermined duration” (line 7) and claim 13 reciting “a third predefined duration” (line 3).
Claims 14-15, being dependent on claim 13, are rejected based on the same ground of rejection.
Allowable Subject Matter
Claims 1, 9-10, 12, 16-17 and 19 are allowed.
Claims 2-8, 11 and 13-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Arora, US Patent No. 9,846,471 teaches systems and methods for automatic switching of standby power states in a television/set-top box utilizing sensor (Abstract, FIG. 4, column 8, lines 27-54).
Li et al., US Patent No. 11,856,256 teaches techniques for using presence detection in order to switch between power modes of a display device (Abstract, FIG(s) 1A-B, column 2, lines 7-29, column 4, line 63 – column 5, line 21).
Branover et al., US Patent Appl. Pub. No. 2014/0344599 teaches power management utilizing intermediate power state(s) (Abstract, FIG. 2, paragraphs 0031-0038).
Applicant’s Admitted Prior Art (AAPA) teaches challenges when switching off maximum amount of components into standby state (maximum power reduction) verses long startup time (Specification, page 1, Background of the Invention).
Regarding claim 1, none of the prior art and the AAPA disclose of suggest the first, second and third standby modes such that during a first standby mode at least one first sensor is switched on, the at least one first component and the at least one second component not being switched on, the piece of equipment implementing a first detection function to detect a presence of a user by using the at least one first sensor; during a second standby mode at least one second sensor, which is identical or not to the at least one first sensor, is switched on, the at least one first component and the at least one second component not being switched on, the piece of equipment implementing a second detection function to detect the presence of the user, more accurate and more consuming than the first detection function, by using the at least one second sensor; during a third standby mode the at least one first component is switched on and the at least one second component is not switched on; and an active mode, wherein the at least one first component and the at least one second component are switched on, in combination with the remaining claim elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFAN STOYNOV whose telephone number is (571)272-4236. The examiner can normally be reached 8AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew J Jung can be reached at 571-270-3779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEFAN STOYNOV/Primary Examiner, Art Unit 2175