Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
The present invention application contains 1 claim. Claim 1 is independent. Claim 1 is examined and rejected by the following detail action.
Double Patenting
The non-statutory 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 non-statutory obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1 is rejected on the ground of nonstatutory double patenting over claim 1 of US Patent No. 12058790, 11576239, 11291091, 10901686 and 10613819, respectively.
Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully anticipated in the referenced patents since the referenced patent and the instant application are claiming common subject matter of either claim 1 of US Patent No. 12058790, 11576239, 11291091, 10901686 and 10613819 and claim 1 of instant application 18775450, respectively, as follows:
Since claim 1 of either referenced patents and claim 1 of the instant application are under similar scope of the invention, examiner only use claim 1 of patent 12058790 to demonstrate the double patenting rejection.
Instant application
18/775450
Patent 12058790
Motivation
Re-claim 1
A jukebox device, comprising:
a display;
a camera;
a non-transitory computer readable storage medium storing a plurality of instances of media available for playback on or via the jukebox device; and
at least one processor configured to:
operate the jukebox device in a normal mode, and, upon detecting an occurrence of a predetermined time or a signal from an authorized user, entering the jukebox device from the normal mode to a security mode;
when the jukebox device is in the normal mode: playing one or more instances of media selected by users on the jukebox device with video of the selected one or more instances displayed on the display and audio of the selected one or more instances being output from one or more audio outputs controlled by the jukebox device; and
when the jukebox device enters the security mode from the normal mode, responsive to entering the security mode: causing the camera to act as a motion detector;
in response to detecting an unexpected motion by the motion detector, automatically changing a content displayed on the display of the jukebox device while operating the camera to obtain video; and
enabling a remote user in a predefined subset of users to view the video obtained by the camera in the security mode.
Re-claim 1
A jukebox device, comprising:
a display;
a camera;
a non-transitory computer readable storage medium storing a plurality of instances of media available for playback on or via the jukebox device; and
at least one processor configured to:
operate the jukebox device in a normal mode, and, upon detecting an occurrence of a predetermined time or a signal from an authorized user, entering the jukebox device from the normal mode to a security mode;
when the jukebox device is in the normal mode: playing one or more instances of media on the jukebox device with video of the selected one or more instances displayed on the display and audio of the selected one or more instances being output from one or more audio outputs controlled by the jukebox device; and
when the jukebox device enters the security mode from the normal mode, responsive to entering the security mode: causing the camera to act as a motion detector;
in response to detecting an unexpected motion by the motion detector, automatically changing a content displayed on the display of the jukebox device by stopping the displaying video of the selected one or more instances, while operating the camera to obtain video of the motion; and
enabling a remote user in a predefined subset of users to view the video obtained by the camera in the security mode.
None because they are anticipated.
Examiner Notes
The prior art rejections below cite particular paragraphs, columns, and/or line numbers in the references for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art.
Claim Rejections - 35 USC § 103
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.
Claim 1 is rejected under 35 U.S.C. 103(a) as being unpatentable over Goci et al. (“Goci”, US PG-Pub. 2004/0025185 A1) in view of Jentoft et al. (“Jentoft”, US PG-Pub. 2009/0167862 A1), and further in view of Lee (US Patent 7825820 B2).
Re-claim 1,
Goci teaches a jukebox device, comprising:
a display (Fig. 7, [0036]. Goci describes the jukebox client 13 with a touch screen monitor 26);
a camera (Fig. 7, [0037]. Goci describes the jukebox client 13 with a video camera 32);
a non-transitory computer readable storage medium storing a plurality of instances of media available for playback on or via the jukebox device (Fig. 8, [0071]. Goci describes the jukebox client 100 coupled with the media drives 104 and 106); and
at least one processor (Fig. 7, [0060]. Goci describes the microcontroller 90) configured to:
operate the jukebox device in a normal mode, when the jukebox device is in the normal mode:
playing one or more instances of media selected by users on the jukebox device with video of the selected one or more instances displayed on the display and audio of the selected one or more instances being output from one or more audio outputs controlled by the jukebox device (Figs. 4, 5, [0043, 0052, 0086]. Goci describes user can browse and select a desired video to playback on the jukebox device);
when the jukebox device enters the security mode from the normal mode, responsive to entering the security mode:
enabling a remote user in a predefined subset of users to view the video obtained by the camera in the security mode ([0059]. Goci describes in the security system mode, the live video images of the premises are captured by the camera 32 and transmitted to security personnel or business owner, etc. for monitoring remotely via the Internet connection).
Goci does not specifically teach:
causing the camera to act as a motion detector for detecting an unexpected motion by the motion detector.
However, Jentoft teaches:
causing the camera to act as a motion detector for detecting an unexpected motion by the motion detector ([0036]. Jentoft describes the system using camera as motion detector to identify intruders).
Therefore, it would have been obvious to one having the ordinary skill in the art before the effective filing date of the claimed invention to modify the multiple mode functions digital video Jukebox network system teachings of Goci with the motion detector camera teaching of Jentoft to identify the intruders or unexpected motion.
Modified Goci does not specifically teach:
upon detecting an occurrence of a predetermined time or a signal from an authorized user, entering the device from the normal mode to a security mode;
in response to entering the security mode, automatically changing a content displayed on the display of the device while operating the security transmission.
However, Lee teaches:
upon detecting an occurrence of a predetermined time or a signal from an authorized user, entering the device from the normal mode to a security mode (Fig. 4, col. 2 lines [0049-0051], col. 5 lines [17-27]. Lee describes the concept of an electronic device entering the security mode from the normal function mode either actively by a user command or passively at a predetermined time);
in response to entering the security mode, automatically changing a content displayed on the display of the device while operating the security transmission (Fig. 4, Abstract, col. 2 lines [49-51], col. 5 lines [17-36, 46-56]. Lee describes the process of entering the security system mode either actively by a user command or passively at a predetermined time that automatically deactivate the display of the device (i.e. lock-down mode) while monitoring and sending security transmission to the security dispatcher/service).
Therefore, it would have been obvious to one of ordinary skills in the art at the time of the applicant’s invention was made to modify the multiple mode functions digital video Jukebox network system teachings of modified Goci with the above teachings of Lee indicate an electronic device can be configured actively or passively switching between the normal mode and security mode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN S NGUYEN whose telephone number is (571)270-7612. The examiner can normally be reached Monday-Friday (9-5).
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/TUAN S NGUYEN/Primary Examiner, Art Unit 2179