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 § 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hess (US 20020113704) in view of Gavia (US 7679521).
Regarding claim 1, A theft alarm locking unit device for securing a personal belonging and notifying an owner in the event of a theft, said device comprising: a personal electronic device being in wireless communication with an extrinsic communication network, (“This embodiment is similar to the embodiment of FIG. 4, with the addition of a GPS receiver 180 in electrical communication with a microprocessor 175. As in the embodiment of FIG. 4, terminals 145 are preferably provided for connection of the cable portion 10 of the security cable to the microprocessor 175. In this embodiment, the wireless communication device 155, such as a cellemetry radio, is used in conjunction with the GPS receiver 180. The combination of a cellemetry radio 155 and the GPS receiver 180, for example, allows the security cable 5 to directly transmit location data along with an alarm communication over the data channel of a typical cellular network as indicated by the sensor. The security cable 5 may transmit the alarm communication and location data to either the user of the security cable, a call station or central monitoring station of a security monitoring company, or another location specified by the user, without the need for an existing alarm system” Hess: paragraph 34)
said personal electronic device having data storage which stores digital data comprising a control program; (“Although capable of providing security monitoring independent of an existing alarm system, the security cable 5 using the embodiment of the control portion 140 shown in FIG. 4 may preferably also be programmed using a programming header 135, so that the security cable may be particularly identified if used in conjunction with an existing alarm system. In such applications, a wireless transmitter (not shown), such as that utilized in the embodiment of the control portion of FIG. 3, is also placed in electrical communication with the microprocessor 150 to allow communication with the existing alarm system.” Hess: paragraph 32)
a locking unit comprising a first cable and a second cable each being attached to a housing and a lock being attached to said first cable, said second cable being releasably attachable to said lock such that said locking unit forms a closed loop wherein said locking unit is configured to be secured around a personal belonging and an immovable structure thereby protecting the personal belonging from theft; (Hess: figure 1)
a motion detector being integrated into said housing wherein said motion detector is configured to detect motion near said housing; (“The enclosure 35 may also be used to house other optional features of the security cable 5. The enclosure 35 may include a motion detector 45 for sensing movement of the enclosure” Hess: paragraph 20)
an alarm unit being integrated into said housing, said alarm unit being in communication with said first cable, said alarm unit being in communication with said second cable when said second cable is releasably attached to said lock, said alarm unit being triggered to emit an audible alarm when said second cable is forcibly removed from said lock wherein said alarm unit is configured to audibly alert an owner that the personal belonging is in danger of being stolen, (“The security cable is designed for wireless communication with an existing alarm system, such as a typical hardwired alarm system or a portable alarm system. The security cable is place around an item to be protected, and the male and female plug ends are joined. Thereafter, any attempt to cut or short-circuit the cable, or to open or destroy the enclosure, will result in detection by the sensor and the wireless transmission of an alarm signal to the existing alarm system” Hess: paragraph 5 & “The security cable may also have other features, such as retractable cables, a rechargeable battery, a battery level indicator, a keypad or other on/off/arming means, an alarm siren, or a strobe light.” Hess: paragraph 8)
said alarm unit being in remote communication with said personal electronic device thereby facilitating said personal electronic device to receive an alert from said alarm unit when said alarm unit is triggered to emit said audible alarm wherein said personal electronic device is configured to notify the owner of the potential theft when the owner is not near said alarm unit. (“The security cable 5 may transmit the alarm communication and location data to either the user of the security cable, a call station or central monitoring station of a security monitoring company, or another location specified by the user, without the need for an existing alarm system” Hess: paragraph 34)
The claimed said alarm unit being in communication with said motion detector, said alarm unit being triggered to emit said audible alarm when said motion detector detects motion near said housing is not specifically disclosed by Hess. Gavia discloses a device for preventing theft that utilizes a motion sensor to alert users when motion nearby is detected (“a Christmas tree star that can double as a burglar alarm for bodily movement in and around the tree would be another desired feature.” Gavia: column 1, lines 37-39). Modifying the motion sensor of Hess to detect motion nearby the protected article would increase the overall safety of the device by allowing for additional security measures. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hess according to Gavia.
Allowable Subject Matter
Claims 15-18 are allowed.
Claims 2-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest a device for preventing theft with the particularly claimed components including an external communication system, monitoring of a cable connection through the housing, lock, and cable components of the device, and specifically having the particular housing structure as claimed. The closest prior art to Hess discloses a similar protective device but fails to disclose the particular housing.
Conclusion
Related Art:
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US 20120299755 – a cable lock with tamper detection
US 20110080287 – a cable lock with tamper detection
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS R HUNNINGS whose telephone number is (571)272-3118. The examiner can normally be reached M, W, H, F: 9:30-4:30; T: 9:30-3:00.
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689