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 .
Response to Amendment
This action is responsive to applicant amendments/remarks received 01/21/2026. Claims 34-36, 38, 40, and 45-46 amended, claims 1, 37, 39, 42-44, and 47-52 canceled and claims 53-62 added. Claims 34-36, 38, 40-41, 45-46 and 53-62 remain pending.
Claim Rejections - 35 USC § 102
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 34-36, 38, 40-41 and 55-58 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LONGO (WO Patent No. 2016155789 A1).
In re claim 34, Longo teaches At least one non-transitory computer-readable storage medium comprising instructions which, when executed by at least one processor causes the at least one processor to perform a method comprising:
determining information about a person or an environment (Description, para [0034]: “Fig. 2 is a schematic view of the sensor components of a fall detection system in accordance with an embodiment of the invention. The example relates to an indoor scenario in which the relevant sensors of the system are mounted at the ceiling of the respective indoor location. Specifically, in the illustrated embodiment, the indoor fall detection system comprises a first sensor installation 1 (including a presence sensor 2) and a second sensor installation 3 (including two distance sensors 4).”) using an output of an operation of an active reflective wave detector (Description, para [0035]: “The presence sensor 2 is an infrared presence sensor that detects the changes in infrared radiation, which occurred when a person moves into the detector's 2 coverage area, indicated by the cone in Fig. 2.”) configured to measure wave reflections from an environment (Description, para [0036]: “As the distance sensors 4, it is preferable to use either infrared distance sensors, or ultrasonic sensors that work by transmitting and receiving ultrasonic waves, or combinations of these two kinds of sensors.”); and
based on the information, adapting one or more parameters of a triggering module used for starting a later operation of the active reflected wave detector to determine further information about the person or the environment (Description, para [0037]: “According to an embodiment, a measurement of the distance sensors 4, for detecting the height of a person 5 and the changes of it over time, is triggered by the presence sensor 2.”), the later operation being started based on an output of a PIR motion detector that is arranged to monitor motion in the environment (Description, para [0037]: “Activating the distance sensors 4 only in case of a person 5 being detected in the area by means of the presence sensor 2 enables a precise measurement of the person's 5 height in the indoor location.”), the output indicating that a motion has occurred after said operation of an active reflective wave detector (Description, para [0037]: “The trigger point may be chosen to be either the mere detection of a person's 5 presence in the area, or the detection of a person's 5 presence in the area together with a signal structure or pattern of the presence sensor 2 that fulfills certain criteria being indicative for a possible fall, as will be explained in detail below. In any case, a threshold 6 (indicated by the dotted line) is defined for the distance measurement, as will be explained in more detail in connection with Fig. 5 below.”), wherein the one or more parameters configure motion detection performed by the PIR motion detector (Description, para [0051]: “Fig. 7 is a diagram illustrating the measurement principle of a fall detection system in accordance with an embodiment of the invention. As illustrated at 701 , the measurement starts with a measurement from a presence sensor 2. If this sensor detects the presence of a person (illustrated in 702), an active distance sensor 4 measurement is triggered at step 703. The trigger point may be selected to be in the mere detection of the presence of a person by the presence sensor 2.”); and the one or more parameters comprise one or more of:
a gain parameter defining a gain provided by a gain stage of the PIR motion detector;
at least one threshold parameter, the at least one threshold parameter defining at least one threshold used in a comparison stage of the PIR motion detector;
at least one frequency response parameter defining a frequency response profile of a gain stage of the PIR motion detector; or
a parameter defining a number of times a threshold used in an event processing stage of the PIR motion detector must be exceeded to detect motion (Description, para [0044]: “As also shown in Fig. 5, a threshold 6 (indicated by the dotted line) is defined for the distance measurement. This threshold 6 defines a configurable distance threshold, i.e. a distance from the distance sensor 4, wherein the occurrence of a fall event is assumed if the threshold 6 is exceeded by the distance measurements.”; examiner notes bolded and italicized limitation is being rejected.)
Device claim 35 is rejected for the same reasons as method claim 34 for having similar limitations and being similar in scope.
In re claim 36, Longo teaches wherein the processor is configured ;and set the one or more parameters of the triggering module according to the identified state of the person (Description, para [0037]: “The trigger point may be chosen to be either the mere detection of a person's 5 presence in the area, or the detection of a person's 5 presence in the area together with a signal structure or pattern of the presence sensor 2 that fulfills certain criteria being indicative for a possible fall, as will be explained in detail below. In any case, a threshold 6 (indicated by the dotted line) is defined for the distance measurement, as will be explained in more detail in connection with Fig. 5 below.”).
Non-transitory medium claim 55 is rejected for the same reasons as method claim 36 for having similar limitations and being similar in scope.
In re claim 38, Longo teaches wherein the processor is configured ;and set the one or more parameters of the triggering module according to the identified position of the person relative to the PIR motion detector, wherein the identified position of the person relative to the PIR motion detector comprises a determined distance of the person from the PIR motion detector (Description, para [0043]: “Fig. 5 is a schematic view that illustrates a distance measurement in accordance with an embodiment of the invention. In the illustrated scenario it is assumed that the distance sensor 4 measurement is triggered by the presence sensor (not shown), as described already above. The distance sensor 4 is configured to measure the shortest distance of an object within its coverage area, illustrated by the cone in Fig. 5, for instance, by emitting ultrasonic or microwave signals, which are reflected by objects, and detecting the corresponding reflected signals. From the time difference between the emission of a signal and the detection of the corresponding reflected signal, the distance of the reflecting object from the sensor 4 can be calculated, as well known in the art. In the scenario of Fig. 5, a person 5 moving within the detection cone in an upright position is detected by the distance sensor 4, since the person's 4 head is assumed to be the object in shortest distance to the distance sensor 4. Consequently, the distance sensor 4 outputs stable measurement results.”).
Non-transitory medium claim 56 is rejected for the same reasons as method claim 38 for having similar limitations and being similar in scope.
In re claim 40, Longo teaches wherein the identified position of the person relative to the PIR motion detector comprises one or more of:
a determined orientation of the person with respect to a principal axis of at least one lens of the PIR motion detector;
a determined spatial distribution of the person; [[and]] or
a determined height of the person above a floor of the environment (Description, para [0044]: “As also shown in Fig. 5, a threshold 6 (indicated by the dotted line) is defined for the distance measurement. This threshold 6 defines a configurable distance threshold, i.e. a distance from the distance sensor 4, wherein the occurrence of a fall event is assumed if the threshold 6 is exceeded by the distance measurements. The distance threshold 6 may be specifically adapted to different scenarios; however, typically this threshold 6 will be specified in such a way that it defines a level with a characteristic height above a ground level, i.e. the floor 9 of the respective indoor environment, as shown in Fig. 5. A characteristic height above the floor 9 that is typically not exceeded by a person's body that is lying on the floor after a fall has happened can be assumed to be in the range of e.g. 0.5 - 0.7 m.”; examiner notes bolded and italicized limitation is being rejected.).
Non-transitory medium claim 57 is rejected for the same reasons as method claim 40 for having similar limitations and being similar in scope.
In re claim 41, Longo teaches wherein the information about the person or the environment comprises information indicative of whether the person is or is not present in a monitoring region of the environment which is monitored by the active reflective wave detector (Description, para [0051]: “Fig. 7 is a diagram illustrating the measurement principle of a fall detection system in accordance with an embodiment of the invention. As illustrated at 701 , the measurement starts with a measurement from a presence sensor 2. If this sensor detects the presence of a person (illustrated in 702), an active distance sensor 4 measurement is triggered at step 703. The trigger point may be selected to be in the mere detection of the presence of a person by the presence sensor 2.”), and in an event that the person is not present the processor is configured to set the one or more parameters of the triggering module to predetermined values associated with a vacant monitoring region (Description, para [0051]: “Attentively, it may be provided that the data measured by the presence sensor 2 is preprocessed, e.g. by applying machine learning techniques, and the distance sensor 4 measurement is only triggered if the presence sensor 2 measurements yields a signal structure or pattern that is indicative for a possible fall.”).
Non-transitory medium claim 58 is rejected for the same reasons as method claim 41 for having similar limitations and being similar in scope.
Allowable Subject Matter
Claims 45-46, 53-54 and 60 are allowed for incorporating allowable subject matter as indicated in nonfinal rejection dated 10/31/2025.
Claim 45, specifically, is allowed for incorporating bullet (ii) of original claim 45—claim 53 allowed for incorporating similar limitations and being similar in scope.
Claim 46, specifically, is allowed as claim 46 [from original claim set] was originally indicated allowable and left unchanged—claim 54 allowed for incorporating similar limitations and being similar in scope.
Claim 60 is allowed for depending on an allowable base claim.
Claims 59 and 61-62 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 an examiner’s statement of reasons for allowance:
The prior art of record does not expressly teach or render obvious, in the context of the claims taken as a whole:
Regarding claim 59: wherein the processor is configured to:
identify a state of a person or an activity performed by a person to determine information about a person or an environment; and
in an event of the scenario comprising a person being a non-locomotory state or a non-locomotory activity, set the length of the time window to be less than a predetermined value associated with at least one other scenario,
wherein the at least one other scenario comprises the person being a locomotory state or a locomotory activity.
Regarding claim 61: wherein the instructions, when executed by at least one processor also causes the at least one processor to:
identify a state of a person or an activity performed by a person to determine information about a person or an environment; and
in an event of the scenario comprising a person being a non-locomotory state or a non-locomotory activity, set the length of the time window to be less than a predetermined value associated with at least one other scenario,
wherein the at least one other scenario comprises the person being a locomotory state or a locomotory activity.
Regarding claim 62: wherein the instructions, when executed by at least one processor also causes the at least one processor to:
identify a state of a person or an activity performed by a person to determine information about a person or an environment; and
in an event of the state or activity being a usually static state or a usually static activity, set the length of the time window to be less than a predetermined value associated with at least one other scenario,
wherein the at least one other scenario comprises the state or activity not being a usually static state or not being a usually static activity.
Moreover, modifying the prior art to achieve the claim limitation can only be achieved by hindsight, as no other reference includes these claims limitations.
Response to Arguments
Examiner notes nonfinal rejection dated 10/31/2025 indicated claim 43 allowable based on 'and' language, however, applicant incorporated claim 43 into claims 34 and 35, using 'or' instead of 'and'. Therefore, previously indicated allowable subject matter is now rejected based on the above rejections.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD MUNION whose telephone number is (571)270-0437. The examiner can normally be reached Monday-Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES E MUNION/Examiner, Art Unit 2688 04/29/2026
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
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