DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This action is responsive to the following communication: Original claims filed 07/09/24. This action is made non-final.
3. Claims 1-20 are pending in the case. Claims 1, 11 and 19 are independent claims.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12071811. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are substantially similar to each other and would have considered obvious to one of ordinary skill.
18/767532
12071811
1. A system for configuring a user device to remotely control an architectural structural covering, the system comprising: a processor; and a memory storing computer executable instructions that, when executed by the processor, cause the processor to: receive a signal from the architectural structural covering, wherein the signal relays position information for the architectural structural covering; associate the signal with an entry in a list of one or more entries displayed on a user interface of the user device, wherein the entry comprises: a representation of the architectural structural covering having a displayed position that matches position information from the signal; receive user input via a position control for the representation of the architectural structural covering; based on the user input, send an adjusted position instruction to the architectural structural covering; and change the displayed position of the representation of the architectural structural covering to mirror a change in a physical position of the architectural structural covering.
1. An architectural structural covering comprising: a covering material; a motor configured to position the covering material; and a controller storing instructions that, upon execution on the controller, configure the controller to: store an identifier of the architectural structural covering; send a first broadcast signal that comprises the identifier; determine an actual first position of the architectural structural covering corresponding to positioning the covering material in real-time; and send a second broadcast signal that comprises the identifier and real-time first position data (i) indicating the actual first position of the architectural structural covering in real-time and (ii) used to cause a position representation of the architectural structural covering presented by a device to mirror the actual first position of the architectural structural covering.
2. The system of claim 1, wherein the memory stores further computer executable instructions that, when executed by the processor, cause the processor to: receive a selection from a user of a jog control associated with the entry; in response to the selection, send an instruction to the architectural structural covering to move in a cyclic motion; and change the displayed position of the representation of the architectural structural covering to mirror the cyclic motion of the architectural structural covering.
2. The architectural structural covering of claim 1, wherein the second broadcast signal is sent to one or more devices, and wherein the execution of the instructions further configures the controller to: receive, from the device, one or more instructions indicating a second position of the architectural structural covering; change, via the motor, the actual first position to the second position based on the one or more instructions; and send, to the device and after the actual first position is changed to the second position, a third broadcast signal that comprises the identifier and second position data indicating the second position of the architectural structural covering.
3. The system of claim 2, wherein the cyclic motion is extension/retraction.
3. The architectural structural covering of claim 2, wherein the one or more instructions indicating the second position of the architectural structural covering are received in response to a selection of a motion from a user interface of the device.
4. The system of claim 1, wherein the memory stores further computer executable instructions that, when executed by the processor, cause the processor to receive a user selection to add a name to the entry associated with the architectural structural covering.
4. The architectural structural covering of claim 2, further comprising a position sensor, wherein the second broadcast signal is sent to one or more devices, and wherein the execution of the instructions further configures the controller to: receive sensor data from the position sensor; and determine the second position based on the sensor data, wherein the third broadcast signal is sent based on the second position being determined.
5. The system of claim 1, wherein the position information relayed by the signal is measured as a percentage.
5. The architectural structural covering of claim 1, wherein the execution of the instructions further configures the controller to: receive, from the device, one or more instructions indicating a motion of the architectural structural covering, the motion being at least one of a cyclic motion or a cascade motion; cause, via the motor, the motion of the architectural structural covering based on the one or more instructions; determine a second position of the architectural structural covering, wherein the second position is a change to the actual first position according to the motion; and send, to the device, a third broadcast signal that comprises the identifier and second position data indicating the second position of the architectural structural covering.
6. The system of claim 1, wherein the user device is at least one of a mobile device or a proprietary controller.
6. The architectural structural covering of claim 1, wherein the first broadcast signal and the second broadcast signal are sent to the device at predefined times during a set-up of the architectural structural covering via the device, the first broadcast signal causing an association of the identifier to be made with information representative of the architectural structural covering.
7. The system of claim 1, wherein the architectural structural covering is a window covering.
7. The architectural structural covering of claim 1, wherein the second broadcast signal is sent as a data packet that comprises the identifier and the real-time first position data.
8. The system of claim 1, wherein the signal further relays a covering identifier and a home identifier; and wherein the architectural structural covering has the same home identifier as one or more other architectural structural coverings.
9. The system of claim 1, wherein the memory stores further computer executable instructions that, when executed by the processor, cause the processor to: associate a second signal including second position information with a second entry in the list of entries displayed on the user interface of the user device, wherein the second entry comprises: a representation of a second architectural structural covering having a second displayed position that matches second position information from the second signal; and receive additional user input via a second position control for the representation of the second architectural structural covering; based on the additional user input, send a second adjusted position instruction to the second architectural structural covering; and change the second displayed position of the representation of the second architectural structural covering to mirror a change in a physical position of the second architectural structural covering.
10. The system of claim 1, wherein the signal further relays multiple types of position information for the architectural structural covering.
11. A method for configuring a user device to remotely control an architectural structural covering, the method comprising: receiving a signal from the architectural structural covering, wherein the signal relays position information for the architectural structural covering; associating the signal with an entry in a list of one or more entries displayed on a user interface of the user device, wherein the entry comprises: a representation of the architectural structural covering having a displayed position that matches position information from the signal; receiving user input via a position control for the representation of the architectural structural covering; based on the user input, sending an adjusted position instruction to the architectural structural covering; and changing the displayed position of the representation of the architectural structural covering to mirror a change in a physical position of the architectural structural covering.
8. A method implemented by an architectural structural covering, the method comprising: storing an identifier of the architectural structural covering; sending a first broadcast signal that comprises the identifier; determining an actual first position of the architectural structural covering corresponding to positioning of a covering material of the architectural structural covering in real-time; and sending a second broadcast signal that comprises the identifier and real-time first position data (i) indicating the actual first position of the architectural structural covering in real-time and (ii) used to cause a position representation of the architectural structural covering presented by a device to mirror the actual first position of the architectural structural covering.
12. The method of claim 11, wherein the position information for the architectural structural covering is measured as a percentage.
9. The method of claim 8, wherein the second broadcast signal is sent as a data packet, wherein the identifier in the data packet indicates at least one of: a type of the architectural structural covering, a model of the architectural structural covering, or a serial number of the architectural structural covering.
13. The method of claim 11, wherein the position information for the architectural structural covering indicates at least one: an extension or retraction of a panel of the architectural structural covering, or a tilt of a vane of the architectural structural covering.
10. The method of claim 8, wherein the covering material forms a shade panel, and wherein the architectural structural covering further comprises a vane and a light blocking panel, wherein the real-time first position data comprises at least one: an extension or retraction of the shade panel, a tilt of the vane, or an extension or retraction of the light blocking panel.
14. The method of claim 13, wherein the adjusted position instruction to the architectural structural covering adjusts the tilt in the architectural structural covering.
11. The method of claim 8, wherein the first position data indicates a percentage of light transmission of the architectural structural covering.
15. The method of claim 11, wherein the adjusted position instruction to the architectural structural covering adjusts extension/retraction of a panel of the architectural structural covering.
12. The method of claim 8, wherein the second broadcast signal further comprises at least one of: (i) a battery level of the architectural structural covering and (ii) a media access control (MAC) address.
16. The method of claim 11, further comprising: receiving additional user input to change an association of a covering identifier to a different entry.
13. The method of claim 8, wherein the second broadcast signal further comprises a transmit signal strength data indicating at least one of: (i) a radio transmit signal strength or (ii) an optical signal strength used to send the second broadcast signal.
17. The method of claim 16, wherein the user input comprises drag and drop.
14. The method of claim 8, wherein the real-time first position data is used to determine a horizontal extension or a vertical extension of the architectural covering, wherein the architectural covering is closed when fully extended horizontally or vertically.
18. The method of claim 11, wherein the adjusted position instruction to the architectural structural covering cycles the physical position of the architectural structural covering causing a change in tilt degree of vanes in the architectural structural covering.
15. The method of claim 8 further comprising: storing an identifier of an edifice where the architectural structural covering is installed, wherein the second broadcast signal further comprises the identifier of the edifice and a transmit strength data indicating a transmit strength used to send the second broadcast signal.
19. A non-transitory computer-readable storage medium comprising instructions that, upon execution on a device, configure the device to perform operations comprising: receiving, from an architectural structural covering, a signal that indicates a first position of the architectural structural covering; associating the signal with a first entry of a list of one or more architectural structural coverings, the list displayable on a user interface of the device, wherein the user interface comprises: a representation of the architectural structural covering, the representation having a first displayed position that corresponds to the first position indicated by the signal; and receiving user input via a position control, the user input indicating a second position of the architectural structural covering; sending, to the architectural structural covering, one or more instructions indicating the second position; and changing the first displayed position of the representation to a second displayed position that corresponds to the second position of the architectural structural covering.
16. A controller of an architectural structural covering, the controller storing instructions that, upon execution by the controller, configure the controller to: store an identifier of the architectural structural covering; send a first broadcast signal that comprises the identifier; determine an actual first position of the architectural structural covering corresponding to positioning a covering material of the architectural structural covering in real-time; and send a second broadcast signal that comprises the identifier and real-time first position data (i) indicating the actual first position of the architectural structural covering in real-time and (ii) used to cause a position representation of the architectural structural covering presented by a device to mirror the actual first position of the architectural structural covering.
20. The non-transitory computer-readable storage medium of claim 19, further comprising: receiving, from the architectural structural covering and after the one or more instructions are sent, another signal indicating the second position of the architectural structural covering, wherein the first displayed position is changed to the second displayed position based on the other signal.
17. The controller of claim 16, wherein the second broadcast signal is sent to one or more devices, and wherein the execution of the instructions further configures the controller to: receive, from the device, one or more instructions indicating a second position of the architectural structural covering; change, via a motor of the architectural structural covering, the actual first position to the second position based on the one or more instructions; and send, to the device and after the actual first position is changed to the second position, a third broadcast signal that comprises the identifier and second position data indicating the second position of the architectural structural covering.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E CHOI whose telephone number is (571)270-3780. The examiner can normally be reached on M-F: 7-2, 7-10 (PST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dennis Chow can be reached on (571) 272-7767. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID E CHOI/Primary Examiner, Art Unit 2148
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