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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is 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.
Claim 10 recites the limitation "the smoke detector" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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 1-2, 4-12, 14-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Derickson (herein after Der) (US Pub 20200242902).
Re claims 1 and 16, Der discloses a method and the associated embodiment comprising a non-transitory computer-readable storage medium (Par 89-92) tangibly encoded with computer-executable instructions (Par 89-92) that when executed by a device (Par 89-92), perform a method comprising:
receiving, by a device at a location (Fig 1 el 101, Par 21, 24, 27; Fig 2 el 210, Par 35, 39, 41, 43; Fig 6 Par 76, 78), from a sensor at the location (Fig 1 el 110/103, Par 21, 23; Fig 2 devices 214-226; Par 35-36, 41), information indicating a hazardous condition is currently occurring at the location (Fig 1 el 110/112, Par 23-25, 27-28; Fig 2 el 210 and devices 214-216, 228; Par 36, 38, 43-44, 48);
determining, by the device (Fig 1 112 and 104 to el 101; Par 21, 27-28, 47-48; Fig 6 Par 76-77), a position within the location related to the hazardous condition (Fig 1 el 112/114, Par 24-25; 27; Fig. 2 el 228, Par 43-44, 47-48), the determination further comprising identifying a current position of a person at the location (Fig 1 el 104, Par 21-22, 28, 41-42, 48-49);
identifying, by the device (Par 21, 25-26, 28-29, 42, 44-46; Fig 6 Par 76-78, 80-81), an exit direction for the person (Par 21, 25-26, 28-29, 42, 44-46; Fig 6 Par 76-78, 80-81 – exit route), the exit direction corresponding to an exit from the location (Par 21, 25-26, 28-29, 42, 44-46; Fig 6 Par 76-78, 80-81), the exit direction being based on the position of the hazardous condition and the current position of the person (Par 21, 25-26, 28-29, 42, 44-46; Fig 6 Par 76-78, 80-81); and
communicating, by the device (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81), to the sensor (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81), instructions related to the exit direction (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81), the instructions causing the sensor to output an indication of a route for the person to travel within the location to the exit (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81).
Re claim 11, Der discloses a device comprising: a processor configured to:
Receive (Fig 1 el 101, Par 21, 24, 27; Fig 2 el 210, Par 35, 39, 41, 43; Fig 6 Par 76, 78), from a sensor at a location (Fig 1 el 110/103, Par 21, 23; Fig 2 devices 214-226; Par 35-36, 41), information indicating a hazardous condition is currently occurring at the location (Fig 1 el 110/112, Par 23-25, 27-28; Fig 2 el 210 and devices 214-216, 228; Par 36, 38, 43-44, 48);
determine a position within the location related to the hazardous condition (Fig 1 el 112/114, Par 24-25; 27; Fig. 2 el 228, Par 43-44, 47-48), the determination further comprising identifying a current position of a person at the location (Fig 1 el 104, Par 21-22, 28, 41-42, 48-49);
identify an exit direction for the person (Par 21, 25-26, 28-29, 42, 44-46; Fig 6 Par 76-78, 80-81 – exit route), the exit direction corresponding to an exit from the location (Par 21, 25-26, 28-29, 42, 44-46; Fig 6 Par 76-78, 80-81), the exit direction being based on the position of the hazardous condition and the current position of the person (Par 21, 25-26, 28-29, 42, 44-46; Fig 6 Par 76-78, 80-81); and
communicate to the sensor (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81) instructions related to the exit direction (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81), the instructions causing the sensor to output an indication of a route for the person to travel within the location to the exit (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81).
Re claims 2 and 17, Der discloses the method of claim 1 and the associated non-transitory computer-readable storage medium of claim 16, and further discloses wherein the output comprises at least one of an audible sound and visible display (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81 – visual indicators and sounds/instructions communication).
Re claim 12, Der discloses the device of claim 11, and further discloses wherein the output comprises at least one of an audible sound and visible display (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81 – visual indicators and sounds/instructions communication).
Re claim 6, Der discloses the method of claim 1, and further wherein the location comprises a plurality of sensors (Fig 1 el 110/103, Par 21, 23; Fig 2 devices 214-226; Par 35-36, 41), each of the plurality of sensors being programmed with instructions related to a respective exit direction (Fig 1 el 119/120, Par 26, 41-42, 44-47, 49; Fig 6 el 608/610, Par 80-81 – communicating routes to windows, exit doors etc. as acceptable exit paths).
Re claim 7, Der discloses the method of claim 1, and further wherein the location comprises a plurality of exits, wherein the sensor comprises functionality for displaying exit directions for each of the plurality of exits (Fig 1 el 119/120, Par 26, 41-42, 44-47, 49; Fig 6 el 608/610, Par 80-81 – communicating routes appropriate/selected windows, exit doors etc. as acceptable exit paths).
Re claim 8, Der discloses the method of claim 1, and further wherein the hazardous condition comprises a fire (Fig 1 el 112/114, Par 24-25; 27; Fig. 2 el 228, Par 43-44, 47-48 – fire detection).
Re claim 4, Der discloses the method of claim 1, and further discloses further comprising: receiving information related to the exit direction (Par 27-31, 41, 44-45); and programming the sensor based on the received information (Par 27-31, 41, 44-45; Fig 6 el 608/610, Par 80-81).
Re claim 5, Der discloses the method of claim 4, and further discloses wherein the received information comprises data related to at least one of a position of the sensor within the location (Fig 2 sensor devices, Par 41, 44-47), a relationship of the sensor to other sensors at the location (Fig 2 sensor devices, Par 41, 44-47) and a position of the sensor to the exit (Fig 2 sensor devices/known exits, Par 41, 44-47).
Re claim 14, Der discloses the device of claim 11, and further disclose wherein the processor is further configured to: receive information related to the exit direction (Par 27-31, 41, 44-45), wherein the received information comprises data related to at least one of a position of the sensor within the location (Fig 2 sensor devices, Par 41, 44-47), a relationship of the sensor to other sensors at the location (Fig 2 sensor devices, Par 41, 44-47) and a position of the sensor to the exit (Fig 2 sensor devices/known exits, Par 41, 44-47); and program the sensor based on the received information (Par 27-31, 41, 44-45; Fig 6 el 608/610, Par 80-81).
Re claim 19, Der discloses the non-transitory computer-readable storage medium of claim 16, and further discloses further comprising: receiving information related to the exit direction (Par 27-31, 41, 44-45), wherein the received information comprises data related to at least one of a position of the sensor within the location (Fig 2 sensor devices, Par 41, 44-47), a relationship of the sensor to other sensors at the location (Fig 2 sensor devices, Par 41, 44-47) and a position of the sensor to the exit (Fig 2 sensor devices/known exits, Par 41, 44-47); and programming the sensor based on the received information (Par 27-31, 41, 44-45; Fig 6 el 608/610, Par 80-81).
Re claims 9 and 20, Der discloses the method of claim 1 and the non-transitory computer-readable storage medium of claim 16, and further discloses further comprising: communicating instructions to the sensor (Par 59, 64-67, 69) related to the current position of the person (Par 59, 64-67, 69), wherein the instructions cause a directional output to be displayed providing guidance to a first responder as to a location of the person (Par 59, 64-67, 69).
Re claim 15, Der discloses the device of claim 11, and further discloses wherein the processor is further configured to: communicate instructions to the sensor (Par 59, 64-67, 69) related to the current position of the person (Par 59, 64-67, 69), wherein the instructions cause a directional output to be displayed providing guidance to a first responder as to a location of the person (Par 59, 64-67, 69).
Re claim 10, Der discloses the method of claim 1, and further discloses wherein the location comprises a definable physical area (Par 21, 23, 35-38, 41-43) for which the smoke detector is positioned (Par 21, 23, 35-38, 41-43).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Der as applied to claims 1, 11 and 16 above, and further in view of Jordan II (herein after Jordan) (US Patent 9898912).
Re claims 3 and 18, Der discloses the method of claim 1 and the non-transitory computer-readable storage medium of claim 16, wherein Der further discloses that the instructions are communicated to the sensor (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81) but fails however to explicitly disclose further comprising: receiving, from the sensor, updated sensor information related to a development of the hazardous condition; updating the exit direction based on the updated sensor information; and communicating updated instructions corresponding to the updated exit direction.
This design is however disclosed by Jordan. Jordan discloses the design further comprising: receiving, from the sensor (Col. 13 line 45-Col. 14 line 46), updated sensor information related to a development of the hazardous condition (Col. 13 line 45-Col. 14 line 46); updating the exit direction based on the updated sensor information (Col. 13 line 45-Col. 14 line 46); and communicating updated instructions corresponding to the updated exit direction (Col. 13 line 45-Col. 14 line 46).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Der in order to incorporate the route updating of Jordan based on the rationale of the use of a known technique to improve similar designs in the same way, in this instance given that an emergency/hazardous situation would present danger to a user as the situation changes, it would be obvious to update the known conditions and emergency communications as frequently as possible to ensure that the provided communications are guiding an occupant to safety and not closer to or into the actual hazard.
Re claim 13, Der discloses the device of claim 11, wherein Der further discloses wherein the processor is further configured to: communicate the instructions to the sensor (Fig 1 el 119/120, Par 26, 42, 44-47; Fig 6 el 608/610, Par 80-81) but fails however to explicitly disclose wherein the processor is further configured to: receive, from the sensor, updated sensor information related to a development of the hazardous condition; update the exit direction based on the updated sensor information; and communicate updated instructions corresponding to the updated exit direction.
This design is however disclosed by Jordan. Jordan discloses the design further comprising to receive, from the sensor (Col. 13 line 45-Col. 14 line 46), updated sensor information related to a development of the hazardous condition (Col. 13 line 45-Col. 14 line 46); update the exit direction based on the updated sensor information (Col. 13 line 45-Col. 14 line 46); and communicate updated instructions corresponding to the updated exit direction (Col. 13 line 45-Col. 14 line 46).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Der in order to incorporate the route updating of Jordan based on the rationale of the use of a known technique to improve similar designs in the same way, in this instance given that an emergency/hazardous situation would present danger to a user as the situation changes, it would be obvious to update the known conditions and emergency communications as frequently as possible to ensure that the provided communications are guiding an occupant to safety and not closer to or into the actual hazard.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R NEFF whose telephone number is (571)270-1848. The examiner can normally be reached Mon-Fri 5:30am-2:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S. Wang can be reached at (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R NEFF/ Primary Examiner, Art Unit 2631
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