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 .
DETAILED ACTION
1. This action is responsive to the reply filed on July 2, 2026.
2. Claims 1-19 and 21 have been examined.
Response to Arguments
3. Applicants' arguments regarding claim 1 and the 35 USC § 101 rejection have been fully considered and are persuasive. Therefore, the rejections under 35 USC § 101 over claim 1 is withdrawn.
4. Applicant's amendment in other claims necessitated the new grounds of rejection presented in this Office action.
5. Remarks, page 9:
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Examiner respectfully disagrees. Kang discloses determining an optimal update time within the predetermined time range of the timer based on the determined availability of the user
[0256] The notification schedule may indicate a time point when the home appliance is turned off within a certain period (e.g., 9 o'clock-21 o'clock and the like) every day for the first time after software is registered with the management server or after registered software is downloaded, as a notification start. Alternatively, the notification schedule may instruct a start of a notification in the case where a specific operation of the home appliance is performed.
(optimal update time is when a specific operation of the home appliance is performed)
[0258] Alternatively, the home appliance may start to notify an upgrade in the case where the user approaches to the home appliance in addition to predetermined time. The case where the user approaches to the home appliance corresponds to a case where the user opens or closes the refrigerator, a case where the user opens or closes the door of the wash tub of a washing machine, a case where an air conditioner is turned on/off, a case where an electronic oven is turned on or turned off and the like.
(optimal update time is when the user approaches to the home appliance)
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
5. Remarks, page 9:
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Examiner respectfully disagrees. Kang discloses starting a timer with a predetermined time range for the available update to be applied ( a timer starts and after a certain number of times or for a predetermined period, the availability of the update stops/ends)
[0167] Certainly, the home appliance 10 may stop the notification when the software installation is in progress or the notification is output more than a certain number of times, or when the user selects not to install the software. Also, when new software is downloaded, the home appliance 10 may start to transmit a notification again.
[0190] Also, the home appliance may repeatedly output notification information based on the notification schedule for a predetermined period after the software download is completed (S32) (S36, S112 and S115). The home appliance 10 may output the notification until the upgrade is completed. Or, according to the notification schedule, the home appliance 10 may output the notification until the notification output ends.
Claim Rejections - 35 USC 101
6. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
7. Claims 12-19 and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 12 is within at least one of the four categories of patent eligible subject matter.
Prong 1, Step 2A: under its broadest reasonable interpretation, “receiving, from the remote server, a communication that an update is available for the household appliance; sending, to the remote server, data indicative of an availability of a user of the household appliance; determining the availability of the user based on the data; determining an optimal update time based on the determined availability of the user; and
receiving, from the remote server, a notification of an update that is available for the household appliance at the determined optimal update time” cover performance of the limitation in the mind but for the recitation of a generic processing device. Thus these claim limitations fall within the "Mental Processes" grouping of abstract ideas under Prong 1 Step 2A.
Prong 2, Step 2A: the judicial exception is not integrated into a practical application. Additional elements (remote user device, household appliance, remote server, network) are recited at high level of generality. Accordingly, these elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea according to MPEP 2106.05(g).
Prong 2, Step 2B: the additional elements, considering them both individually and in combination, are not sufficient to amount to significantly more than the judicial exception itself. As discussed above, elements that are mere use of generic computer elements to implement the abstract idea, and the processes are insignificant extra-solution activity which are recognized as well-understood, routine, conventional activity, according to MPEP 2106.05(d). Accordingly, the claim does not appear to be patent eligible under 35 USC 101.
Claim 13: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 14: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 15: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 16: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 17: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 18: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim 19 is within at least one of the four categories of patent eligible subject matter.
Prong 1, Step 2A: under its broadest reasonable interpretation, “receiving, from the remote server, a communication that an update is available for the household appliance; determining an availability of the user based of the household appliance; determining an optimal update time based on the determined availability of the user; and receiving, from the remote server, a notification of the available update at the determined optimal update time based on the determined availability of the user” cover performance of the limitation in the mind but for the recitation of a generic processing device. Thus these claim limitations fall within the "Mental Processes" grouping of abstract ideas under Prong 1 Step 2A.
Prong 2, Step 2A: the judicial exception is not integrated into a practical application. Additional elements (non-transitory computer-readable media, processors, a device, microservices, system and subsystem) are recited at high level of generality. Accordingly, these elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea according to MPEP 2106.05(g).
Prong 2, Step 2B: the additional elements, considering them both individually and in combination, are not sufficient to amount to significantly more than the judicial exception itself. As discussed above, elements that are mere use of generic computer elements to implement the abstract idea, and the processes are insignificant extra-solution activity which are recognized as well-understood, routine, conventional activity, according to MPEP 2106.05(d). Accordingly, the claim does not appear to be patent eligible under 35 USC 101.
Claim 21: as drafted, is merely indicating a field of use or technological environment in which to apply a judicial exception, and does not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. See MPEP § 2106.05(h).
Claim Rejections – 35 USC §102
8. 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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claims 1, 11, 12, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2025/0068410 to Kang et al. (hereafter “Kang”).
Claim 1.
Kang discloses a method of using a remote server to operate a household appliance, the
remote server (FIG.1, Management server 30 and related text)
being in operative communication with the household appliance (FIG.1, Home appliance 10 and related text) and
a remote user device through a network (FIG.1, User terminal 20 and related text),
the method comprising:
communicating, to the household appliance or the remote user device, that an update is available for the household appliance
[0209] In S31 and S32 of FIGS. 9 and 10, once the software download is completed, the air purifier 10a as the home appliance may output notification information indicating that the upgrade is available on the user interface 140 of the air purifier 10a as shown in S112a and S115a. After outputting first notification information (S112a), the air purifier 10a may transmit a first notification information output complete message to the management server 30 (S113a). After a predetermined time has elapsed, the air purifier 10a may output secondary notification information (S115a). The management server 30 may transmit the upgrade preparation message to the smart phone 20a.
[0225] Once the software download is completed in S31 to S32 of FIGS. 9 and 10, the washing machine 10b provided as the home appliance may output the notification information indicating that the upgrade is available to the user interface 140 of the washing machine 10b. after outputting first notification information (S112f), the washing machine 10b may transmit the first notification information output complete message to the management server 30 (S113f). When the user touches “confirm” area or after a predetermined time period has elapsed, the washing machine 10b may output second notification information (S115f).
starting a timer with a predetermined time range for the available update to be applied (after a certain number of times or for a predetermined period, the availability of the update stops/ends)
[0167] Certainly, the home appliance 10 may stop the notification when the software installation is in progress or the notification is output more than a certain number of times, or when the user selects not to install the software. Also, when new software is downloaded, the home appliance 10 may start to transmit a notification again.
[0190] Also, the home appliance may repeatedly output notification information based on the notification schedule for a predetermined period after the software download is completed (S32) (S36, S112 and S115). The home appliance 10 may output the notification until the upgrade is completed. Or, according to the notification schedule, the home appliance 10 may output the notification until the notification output ends.
receiving, from the household appliance or the remote user device, data indicative of an availability of a user of the household appliance (“information related to the user” was sent from the User Terminal 20, “on/off time of the home appliance” information was sent from the Home appliance 10)
[0054] In particular, the management server 30 may store information for upgrading the home appliance 10. The information stored in the management server 30 may include data related to the software installed in the home appliance 10, information related to the home appliance 10 and information related to the user. The software data may include data about firmware of the home appliance (i.e., firmware data) and data about a content program executed on the firmware (i.e., content program data).
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
determining the availability of the user based on the received data from the household appliance or the remote user device; determining an optimal update time within the predetermined time range of the timer based on the determined availability of the user (based on user’s habit (available or unavailable times), the unavailable time may be 9 o’clock-21 o’clock, determine an optimal update time)
[0256] The notification schedule may indicate a time point when the home appliance is turned off within a certain period (e.g., 9 o'clock-21 o'clock and the like) every day for the first time after software is registered with the management server or after registered software is downloaded, as a notification start. Alternatively, the notification schedule may instruct a start of a notification in the case where a specific operation of the home appliance is performed.
(optimal update time is when a specific operation of the home appliance is performed)
[0258] Alternatively, the home appliance may start to notify an upgrade in the case where the user approaches to the home appliance in addition to predetermined time. The case where the user approaches to the home appliance corresponds to a case where the user opens or closes the refrigerator, a case where the user opens or closes the door of the wash tub of a washing machine, a case where an air conditioner is turned on/off, a case where an electronic oven is turned on or turned off and the like.
(optimal update time is when the user approaches to the home appliance)
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
providing, to the household appliance or the remote user device, a notification of the available update for the household appliance at the determined optimal update time (notify update available/ready to be installed “at an optimal time point”)
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
Claim 11.
Kang discloses the method of claim 1, wherein: the household appliance comprises a control panel; and providing the notification of the available update for the household appliance at the determined optimal update time comprises: providing, on the control panel of the household appliance, the notification of the available update for the household appliance (0209, 0225).
Claim 12.
Kang discloses a method of using a remote user device to operate a household appliance,
the remote user device (FIG.1, User terminal 20 and related text)
being in operative communication with the household appliance (FIG.1, Home appliance 10 and related text) and
a remote server through a network (FIG.1, Management server 30 and related text), the method comprising:
receiving, from the remote server, a communication that an update is available for the household appliance
[0209] In S31 and S32 of FIGS. 9 and 10, once the software download is completed, the air purifier 10a as the home appliance may output notification information indicating that the upgrade is available on the user interface 140 of the air purifier 10a as shown in S112a and S115a. After outputting first notification information (S112a), the air purifier 10a may transmit a first notification information output complete message to the management server 30 (S113a). After a predetermined time has elapsed, the air purifier 10a may output secondary notification information (S115a). The management server 30 may transmit the upgrade preparation message to the smart phone 20a.
[0225] Once the software download is completed in S31 to S32 of FIGS. 9 and 10, the washing machine 10b provided as the home appliance may output the notification information indicating that the upgrade is available to the user interface 140 of the washing machine 10b. after outputting first notification information (S112f), the washing machine 10b may transmit the first notification information output complete message to the management server 30 (S113f). When the user touches “confirm” area or after a predetermined time period has elapsed, the washing machine 10b may output second notification information (S115f).
sending, to the remote server, data indicative of an availability of a user of the household appliance (“information related to the user” was sent from the User Terminal 20, “on/off time of the home appliance” information was sent from the Home appliance 10)
[0054] In particular, the management server 30 may store information for upgrading the home appliance 10. The information stored in the management server 30 may include data related to the software installed in the home appliance 10, information related to the home appliance 10 and information related to the user. The software data may include data about firmware of the home appliance (i.e., firmware data) and data about a content program executed on the firmware (i.e., content program data).
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
determining the availability of the user based on the data; determining an optimal update time based on the determined availability of the user
[0256] The notification schedule may indicate a time point when the home appliance is turned off within a certain period (e.g., 9 o'clock-21 o'clock and the like) every day for the first time after software is registered with the management server or after registered software is downloaded, as a notification start. Alternatively, the notification schedule may instruct a start of a notification in the case where a specific operation of the home appliance is performed.
(optimal update time is when a specific operation of the home appliance is performed)
[0258] Alternatively, the home appliance may start to notify an upgrade in the case where the user approaches to the home appliance in addition to predetermined time. The case where the user approaches to the home appliance corresponds to a case where the user opens or closes the refrigerator, a case where the user opens or closes the door of the wash tub of a washing machine, a case where an air conditioner is turned on/off, a case where an electronic oven is turned on or turned off and the like.
(optimal update time is when the user approaches to the home appliance)
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
receiving, from the remote server, a notification of the update that is available for the household appliance at the determined optimal update time
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
Claim 19.
Kang discloses a method of using a control panel of a household appliance to operate the household appliance, the household appliance being in operative communication with a remote user device and a remote server through a network (FIG.1 and related text),
the method comprising: receiving, from the remote server, a communication that an update is available for the household appliance
[0209] In S31 and S32 of FIGS. 9 and 10, once the software download is completed, the air purifier 10a as the home appliance may output notification information indicating that the upgrade is available on the user interface 140 of the air purifier 10a as shown in S112a and S115a. After outputting first notification information (S112a), the air purifier 10a may transmit a first notification information output complete message to the management server 30 (S113a). After a predetermined time has elapsed, the air purifier 10a may output secondary notification information (S115a). The management server 30 may transmit the upgrade preparation message to the smart phone 20a.
[0225] Once the software download is completed in S31 to S32 of FIGS. 9 and 10, the washing machine 10b provided as the home appliance may output the notification information indicating that the upgrade is available to the user interface 140 of the washing machine 10b. after outputting first notification information (S112f), the washing machine 10b may transmit the first notification information output complete message to the management server 30 (S113f). When the user touches “confirm” area or after a predetermined time period has elapsed, the washing machine 10b may output second notification information (S115f).
determining an availability of a user of the household appliance; determining an optimal update time based on the determined availability of the user
[0256] The notification schedule may indicate a time point when the home appliance is turned off within a certain period (e.g., 9 o'clock-21 o'clock and the like) every day for the first time after software is registered with the management server or after registered software is downloaded, as a notification start. Alternatively, the notification schedule may instruct a start of a notification in the case where a specific operation of the home appliance is performed.
(optimal update time is when a specific operation of the home appliance is performed)
[0258] Alternatively, the home appliance may start to notify an upgrade in the case where the user approaches to the home appliance in addition to predetermined time. The case where the user approaches to the home appliance corresponds to a case where the user opens or closes the refrigerator, a case where the user opens or closes the door of the wash tub of a washing machine, a case where an air conditioner is turned on/off, a case where an electronic oven is turned on or turned off and the like.
(optimal update time is when the user approaches to the home appliance)
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
receiving, from the remote server, a notification of the available update at the determined optimal update time
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
based on the determined availability of the user
[0054] In particular, the management server 30 may store information for upgrading the home appliance 10. The information stored in the management server 30 may include data related to the software installed in the home appliance 10, information related to the home appliance 10 and information related to the user. The software data may include data about firmware of the home appliance (i.e., firmware data) and data about a content program executed on the firmware (i.e., content program data).
[0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule.
Claim Rejections – 35 USC §103
10. 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 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 of this title, 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.
11. Claims 2, 3, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of US 2012/0296488 to Dharwada et al. (hereafter “Dharwada”).
Claim 2.
Kang does not disclose the method of claim 1, wherein: receiving the data indicative of the availability of the user comprises: receiving, from the remote user device, location data indicative of a location of the user relative to the household appliance; and determining the availability of the user comprises: determining the location of the user relative to the household appliance based on the received location data from the remote user device.
However, Dharwada discloses receiving the data indicative of the availability of the user comprises: receiving, from the remote user device, location data indicative of a location of the user relative to the household appliance; and determining the availability of the user comprises: determining the location of the user relative to the household appliance based on the received location data from the remote user device (0027).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Dharwada’s teaching into Kang‘s teaching. One would have been motivated to do so to populate a home/away schedule as suggested by Dharwada (0027).
Claim 3.
Kang discloses the method of claim 2, wherein determining the optimal update time based on the determined availability of the user comprises: determining the optimal update time as a time when the determined location of the user relative to the household appliance indicates that the user is at home ([0272] In S62, the management server 30 may transmit an output instruction message for instructing an output of an installation notification, based on the user's habit of using the home appliance or the on/off time of the home appliance. The management server 30 may transmit an output instruction message to the home appliance 10 at an optimal time point of an installation notification, based on a notification schedule).
Claim 13.
Kang does not disclose the method of claim 12, wherein sending the data indicative of the availability of the user comprises: sending, to the remote server, location data indicative of a location of the user relative to the household appliance.
However, Dharwada discloses sending the data indicative of the availability of the user comprises: sending, to the remote server, location data indicative of a location of the user relative to the household appliance (0027).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Dharwada’s teaching into Kang‘s teaching. One would have been motivated to do so to populate a home/away schedule as suggested by Dharwada (0027).
12. Claims 4-7, 10, 14-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of US 2020/0116373 to Guan et al. (hereafter “Guan”).
Claim 4.
Kang does not disclose the method of claim 1, wherein: receiving the data indicative of the availability of the user comprises: receiving, from the remote user device or the household appliance, activity data indicative of an active status of the user; and determining the availability of the user comprises: determining the active status of the user based on the received activity data from the remote user device.
However, Guan discloses receiving the data indicative of the availability of the user comprises: receiving, from the remote user device or the household appliance, activity data indicative of an active status of the user; and determining the availability of the user comprises: determining the active status of the user based on the received activity data from the remote user device (0187).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 5.
Kang does not disclose the method of claim 4, wherein determining the optimal update time based on the determined availability of the user comprises: determining the optimal update time as a time when the determined active status of the user indicates that the user is inactive.
However, Guan discloses determining the optimal update time based on the determined availability of the user comprises: determining the optimal update time as a time when the determined active status of the user indicates that the user is inactive (0187, low-strength activity which is inactive of high-strength activity).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 6.
Kang does not disclose the method of claim 4, wherein the activity data indicative of the active status of the user comprises: data indicative of a physical activity or a physical inactivity of the user.
However, Guan discloses the activity data indicative of the active status of the user comprises: data indicative of a physical activity or a physical inactivity of the user (0187, high-strength activities).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 7.
Kang does not disclose the method of claim 4, wherein the activity data indictive of the active status of the user comprises: data indicative of user computing activity or user computing inactivity on the remote user device or the household appliance.
However, Guan discloses the activity data indictive of the active status of the user comprises: data indicative of user computing activity or user computing inactivity on the remote user device or the household appliance (0187, user’s status “exercising” means user computing inactivity on the household appliance).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 10.
Kang does not disclose the method of claim 1, wherein: receiving the data indicative of the availability of the user comprises: receiving, from the remote user device, survey data indicative of a time when people are not busy; and determining the availability of the user comprises: determining the time when people are not busy based on the received survey data.
However, Guan discloses receiving the data indicative of the availability of the user comprises: receiving, from the remote user device, survey data indicative of a time when people are not busy; and determining the availability of the user comprises: determining the time when people are not busy based on the received survey data (0187, not busy with household chores and now have free time to read or watch TV).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 14.
Kang does not disclose the method of claim 12, wherein sending the data indicative of the availability of the user comprises: sending, to the remote server, activity data indicative of an active status of the user.
However, Guan discloses sending the data indicative of the availability of the user comprises: sending, to the remote server, activity data indicative of an active status of the user (0187).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 15.
Kang does not disclose the method of claim 14, wherein the activity data indicative of the active status of the user comprises: data indicative of a physical activity or a physical inactivity of the user.
However, Guan discloses the activity data indicative of the active status of the user comprises: data indicative of a physical activity or a physical inactivity of the user (0187, high-strength activities).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 16.
Kang does not disclose the method of claim 14, wherein the activity data indictive of the active status of the user comprises: data indicative of user computing activity or user computing inactivity on the remote user device.
However, Guan discloses the activity data indictive of the active status of the user comprises: data indicative of user computing activity or user computing inactivity on the remote user device (0187, user’s status “exercising” means user computing inactivity on the household appliance).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
Claim 18.
Kang does not disclose the method of claim 12, wherein sending the data indicative of the availability of the user comprises: sending, to the remote server, survey data indicative of a time when people are not busy.
However, Guan discloses sending the data indicative of the availability of the user comprises: sending, to the remote server, survey data indicative of a time when people are not busy (0187, not busy with household chores and now have free time to read or watch TV).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Guan’s teaching into Kang‘s teaching. One would have been motivated to do so to detect low-strength/high-strength activities as suggested by Guan (0187).
13. Claims 8, 17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of US 2020/0092165 to Sellers et al. (hereafter “Sellers”).
Claim 8.
Kang discloses the method of claim 1, wherein: receiving the data indicative of the availability of the user comprises: receiving, from the remote user device or the household appliance, update data indicative when the user previously accepted notifications of available updates to update the household appliance; and determining the availability of the user comprises: determining when the user previously accepted the notifications of available updates to update the household appliance based on the received update data from the remote user device or the household appliance (0139, 0176, 0186, 0225).
Kang does not disclose data indicative a time.
However, Sellers discloses data indicative a time (0051, 0075).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Sellers’ teaching into Kang‘s teaching. One would have been motivated to do so to log update events as suggested by Sellers (0075).
Claim 17.
Kang discloses the method of claim 12, wherein sending the data indicative of the availability of the user comprises: sending, to the remote server, update data indicative when the user previously accepted notifications of available updates to update the household appliance, determining the availability of the user comprises determining when the user previously accepted notifications of available updates to update the household appliance based on the sent update data (0139, 0176, 0186, 0225).
Kang does not disclose data indicative a time.
However, Sellers discloses data indicative a time (0051, 0075).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Sellers’ teaching into Kang‘s teaching. One would have been motivated to do so to log update events as suggested by Sellers (0075).
Claim 21.
Kang discloses the method of claim 19, wherein: the method further comprises receiving update data indicative when the user previously accepted notifications of available updates to update the household appliance; and determining the availability of the user comprises determining when the user previously accepted notifications of available updates to update the household appliance based on the received update data (0139, 0176, 0186, 0225).
Kang does not disclose data indicative a time.
However, Sellers discloses data indicative a time (0051, 0075).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Sellers’ teaching into Kang‘s teaching. One would have been motivated to do so to log update events as suggested by Sellers (0075).
Allowable Subject Matter
14. After search and analysis, Examiner concluded that the claimed invention has been recited in such a manner that dependent claim 9 is not taught by any prior reference found through search.
The primary reason for allowance of the claims in this case, is the inclusion of the limitations “The method of claim 8, wherein determining the optimal update time based on the determined availability of the user comprises: determining the optimal update time as the determined time when the user previously accepted the notifications of the available updates to update the household appliance,” which are not found in the prior art of record.
Incorporating intervening claim 8 and claim 9 into claim 1 would put claim 1 in condition for allowance.
Incorporating intervening claim 8 and claim 9 into claim 12, claim 19, and resolving the 35 U.S.C 101 rejection would put claims 12 and 19 in condition for allowance or
canceling claims 12-19 and 21 and adding new system claims and non-transitory medium claims (having same features with method claims 1-11) would put the new system and non-transitory medium claims in condition for allowance.
Conclusion
15. The prior art references made of record and not relied upon are considered pertinent to applicant's disclosure.
US 2024/0126529 to Fuchs et al. discloses operating a household appliance includes connecting the household appliance to a remote computing device and determining that an update is available for the household appliance, determining an optimal update time, and providing a notification of the available update for the household appliance at the determined optimal update time.
However, Fuchs does not disclose allowable subject matter as indicated above.
16. Applicants' amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
17. Any inquiry concerning this communication should be directed to examiner Thuy (Twee) Dao, whose telephone/fax numbers are (571) 272 8570 and (571) 273 8570, respectively. Examiner can normally be reached from Monday to Friday, 5:30am - 2:00pm ET.
If attempts to reach Examiner by telephone are unsuccessful, Examiner’s supervisor, Hyung (Sam) Sough, can be reached at (571) 272 6799.
The fax phone number for the organization where this application or proceeding is assigned is (571) 273 8300.
Any inquiry of a general nature of relating to the status of this application or proceeding should be directed to the TC 2100 Group receptionist whose telephone number is (571) 272 2100.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Thuy Dao/Primary Examiner, Art Unit 2192
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