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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 31 MAR 26 is acknowledged. Applicant has canceled claims 20 & 21 which were related to Group II.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5, 6, 11-15 & 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Severson (US 5,267,318).
With regard to claims 1-3, 5 & 6, Severson, in Figure 1, discloses a method for controlling a switch (located in NAND gate 55 of Fig. 4B), said switch controlling electrical power transmitted to a load (speaker of Fig. 7) and comprising a processor (column 3, lines 8-11) and at least one motion measuring device (104, column 4, lines 48-51), the method comprising: setting at least one counter activation condition (switch 104 being closed) that increases a value stored by an activation counter when the at least one counter activation condition is satisfied (column 7, lines 6-18 teaches that if the DET signal indicates that motion is detected that U/D sets the counter to increment each time that the CNT input is pulse); setting at least one counter reduction condition (switch 104 being opened) that reduces the value of the activation counter when the at least one counter reduction condition is satisfied (column 7, lines 19-26); determining, using the at least one motion measuring device, motion values corresponding to movements of an object (a DET value of low indicates motion and a DET value of high indicates no motion); in response to determining that the motion values satisfy the at least one counter activation condition, increasing the value stored by the activation counter; in response to determining that the motion values satisfy the at least one counter reduction condition, reducing the value stored by the activation counter (ABSTRACT); determining if the value stored by the activation counter satisfies an activation counter threshold value as the value stored by the activation counter changes; and activating the switch based, at least in part, on determining that the activation counter threshold value is reached (column 8, line 66- column 9, line 20 teaches that once the counter reaches the threshold of a binary 100 that QC outputs a signal to 55 which causes a switch in the NAND gate to close and to make a low output, see also column 3, lines 18-30) (re claim 1), wherein the at least one motion measuring device determines the motion values corresponding to the movements of the object at predetermined intervals (CLK pulses provided by the clock 21) (re claim 2), wherein the predetermined intervals correspond to time-based intervals or cycle-based intervals (a clock signal) (re claim 3), wherein the value of the activation counter is changed, at least in part, using a timer (21 of Fig. 3) (re claim 5), wherein, in response to determining that the at least one counter reduction condition is satisfied, the value of the activation counter is reset to zero or otherwise completely reset (column 3, lines 305) (re claim 6).
With regard to claim 11, Severson, in Figure 1, discloses a system for controlling a switch comprising: a switch (located in NAND gate 55 of Fig. 4B) for controlling electrical power transmitted to a load (speaker of Fig. 7); at least one motion measuring device (104, column 4, lines 48-51); and a processor (column 3, lines 8-11) configured to: set at least one counter activation condition that increases a value stored by an activation counter when the at least one counter activation condition is satisfied (column 7, lines 6-18 teaches that if the DET signal indicates that motion is detected that U/D sets the counter to increment each time that the CNT input is pulse); set at least one counter reduction condition that reduces the value of the activation counter when the at least one counter reduction condition is satisfied (column 7, lines 19-26); determine, using the at least one motion measuring device, motion values corresponding to movements of an object (a DET value of low indicates motion and a DET value of high indicates no motion); in response to determining that the motion values satisfy the at least one counter activation condition, increase the value stored by the activation counter; in response to determining that the motion values satisfy the at least one counter reduction condition, reduce the value stored by the activation counter; determine if the value stored by the activation counter satisfies an activation counter threshold value as the value stored by the activation counter changes; and activate the switch based, at least in part, on determining that the activation counter threshold value is reached (column 8, line 66- column 9, line 20 teaches that once the counter reaches the threshold of a binary 100 that QC outputs a signal to 55 which causes a switch in the NAND gate to close and to make a low output, see also column 3, lines 18-30).
With regard to claims 12-15, Severson, in Figure 1, discloses a method for controlling a switch (located in NAND gate 55 of Fig. 4B), said switch controlling electrical power transmitted to a load (speaker of Fig. 7) and comprising a processor (column 3, lines 8-11) and at least one motion measuring device (104, column 4, lines 48-51), the method comprising: setting at least one counter increase condition (switch 104 being closed) that increases a value stored by a deactivation counter when the at least one counter increase condition is satisfied (column 7, lines 6-18 teaches that if the DET signal indicates that motion is detected that U/D sets the counter to increment each time that the CNT input is pulse); setting at least one counter reduction condition (switch 104 being opened) that reduces the value of the deactivation counter when the at least one counter reduction condition is satisfied (column 7, lines 19-26); determining, using the at least one motion measuring device, motion values corresponding to movements of an object (a DET value of low indicates motion and a DET value of high indicates no motion); in response to determining that the motion values satisfy the at least one counter increase condition, increasing the value stored by the deactivation counter; in response to determining that the motion values satisfy the at least one counter reduction condition, reducing the value stored by the deactivation counter (ABSTRACT); determining if the value stored by the deactivation counter satisfies a deactivation counter threshold value as the value stored by the deactivation counter changes; and deactivating the switch based, at least in part, on determining that the deactivation counter threshold value is reached column 8, line 66- column 9, line 20 teaches that once the counter reaches the threshold of a binary 100 that QC outputs a signal to 55 which causes a switch in the NAND gate to close and to make a low output, see also column 3, lines 18-30) (re claim 12), wherein the at least one motion measuring device determines the motion values corresponding to the movements of the object at predetermined intervals (CLK pulses provided by the clock 21) (re claim 13), wherein the predetermined intervals correspond to time-based intervals or cycle-based intervals (a clock signal) (re claim 14), wherein the value of the deactivation counter is changed, at least in part, using a timer (21 of Fig. 3) (re claim 15).
With regard to claim 19, Severson, in Figure 1, discloses a system for controlling a switch comprising: a switch (located in NAND gate 55 of Fig. 4B) for controlling electrical power transmitted to a load (speaker of Fig. 7); at least one motion measuring device (104, column 4, lines 48-51); and a processor (column 3, lines 8-11) configured to: set at least one counter increase condition that increases a value stored by a deactivation counter when the at least one counter increase condition is satisfied (column 7, lines 6-18 teaches that if the DET signal indicates that motion is detected that U/D sets the counter to increment each time that the CNT input is pulse); set at least one counter reduction condition that reduces the value of the deactivation counter when the at least one counter reduction condition is satisfied column 7, lines 19-26); determine, using the at least one motion measuring device, motion values corresponding to movements of an object (a DET value of low indicates motion and a DET value of high indicates no motion); in response to determining that the motion values satisfy the at least one counter increase condition, increase the value stored by the deactivation counter; in response to determining that the motion values satisfy the at least one counter reduction condition, reduce the value stored by the deactivation counter (ABSTRACT); determine if the value stored by the deactivation counter satisfies a deactivation counter threshold value as the value stored by the deactivation counter changes; and deactivate the switch based, at least in part, on determining that the deactivation counter threshold value is reached (column 8, line 66- column 9, line 20 teaches that once the counter reaches the threshold of a binary 100 that QC outputs a signal to 55 which causes a switch in the NAND gate to close and to make a low output, see also column 3, lines 18-30).
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 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.
Claims 8, 9, 16 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Severson in view of McNair (US 2011/0190593).
With regard to claim 8, Severson teaches the method of claim 1.
Severson does not teach that the at least one motion measuring device comprises at least one accelerometer that determines the motion values from at least one of: a pitch axis, a yaw axis, or a roll axis.
McNair, in Figure 1B, teaches a motion sensor which comprises at least one accelerometer that determines the motion values from at least one of: a pitch axis, a yaw axis, or a roll axis (paragraph 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Severson with McNair, by using an accelerometer as the motion sensor in the device of Severson, for the purpose of allowing movement to be detected in all directions to more accurately detect motion.
With regard to claim 9, Severson teaches the method of claim 1.
Severson does not teach that the switch is activated based on values derived from more than one axis.
McNair, in Figure 1B, teaches a motion sensor wherein a switch is activated based on values derived from more than one axis (paragraph 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Severson with McNair, by using an accelerometer as the motion sensor in the device of Severson, for the purpose of allowing movement to be detected in all directions to more accurately detect motion.
With regard to claim 16, Severson teaches the method of claim 12.
Severson does not teach that the at least one motion measuring device comprises at least one accelerometer that determines the motion values from at least one of: a pitch axis, a yaw axis, or a roll axis.
McNair, in Figure 1B, teaches a motion sensor which comprises at least one accelerometer that determines the motion values from at least one of: a pitch axis, a yaw axis, or a roll axis (paragraph 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Severson with McNair, by using an accelerometer as the motion sensor in the device of Severson, for the purpose of allowing movement to be detected in all directions to more accurately detect motion.
With regard to claim 17, Severson teaches the method of claim 12.
Severson does not teach that the switch is deactivated based on values derived from more than one axis
McNair, in Figure 1B, teaches a motion sensor wherein a switch is deactivated based on values derived from more than one axis (paragraph 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Severson with McNair, by using an accelerometer as the motion sensor in the device of Severson, for the purpose of allowing movement to be detected in all directions to more accurately detect motion.
Allowable Subject Matter
Claims 4, 7, 10 & 18 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art of record does not teach or fairly suggest a method comprising all the features as recited in the claims and in combination with the activation counter being increased by multiplying an average acceleration value derived from the motion values by a corresponding interval and increasing the value in the activation counter by a product of the average acceleration value and the corresponding interval.
Claim 7 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art of record does not teach or fairly suggest a method comprising all the features as recited in the claims and in combination with determining average acceleration values based on the motion values; comparing each average acceleration value to a second condition; and activating the switch based, at least in part, on determining that both the activation counter threshold value and the second condition are satisfied.
Claim 10 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art of record does not teach or fairly suggest a method comprising all the features as recited in the claims and in combination with the switch being activated based on at least two activation signals; a first activation signal corresponds to the activation counter threshold value being reached; and a second activation signal being different than the first activation signal.
Claim 18 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art of record does not teach or fairly suggest a method comprising all the features as recited in the claims and in combination with the switch being deactivated based on at least two deactivation signals; a first deactivation signal corresponds to the deactivation counter threshold value being reached; and a second deactivation signal being different than the first deactivation signal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jackson (US 2005/0188583), Mottram (US 2010/0066550) and Ferree (US 2014/0296935) all teach methods of detecting a motion in an object and using the motion to control a switch.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT BAUER whose telephone number is (571)272-5986. The examiner can normally be reached M-F 12pm - 8pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THIENVU TRAN can be reached at (571)270-1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Scott Bauer/Primary Examiner, Art Unit 2838
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