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 .
Information Disclosure Statement
Applicant’s information disclosure statement filed 2/13/2026 has been considered and is included in the file.
Claim Objections
Claims 1, 4 and 5 are objected to because of the following informalities:
In claim 1, line 23, “change mount” should be changed to --change amount of the organism--.
In claim 4, line 14, the comma should be removed from before the period at the end of the line.
In claim 5, line 23, “change amount” should be changed to --change amount of the organism--.
Appropriate correction is required.
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.
Claims 1-6 are 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.
Claims 1, 5, and 6 recite the limitation the parameter of the stimulus is “at least one of a frequency change amount and a sound interval change amount”. However, later in the claims, the claims recite the frequency change amount as the parameter. Therefore, the phrase “at least one of” is unclear, since the claims must have the frequency change amount. It is recommended to amend the phrase to state “at least a frequency change amount”. For examination purposes, the phrase will be read this recommended way.
Claim 2 recites the limitation the parameter of the stimulus is “the at least one of the frequency change amount and the sound interval change amount”. However, claim 1 recites the frequency change amount as the parameter. Therefore, the phrase “at least one of” is unclear, since the claim must have the frequency change amount. It is recommended to amend the phrase to state “at least the frequency change amount”. For examination purposes, the phrase will be read this recommended way.
Claim 4 recites the limitations “…first stimulus data are recorded as a set” and “processing circuitry is configured to output, to the actuator, the first stimulus data”. The processing circuitry has already output to the actuator the first stimulus data before the second behavior information is identified, therefore, it is unclear if the action of the processing circuitry is to maintain the output of the first stimulus data, output the first stimulus data again, or some other variation as the claim is currently written.
Based on applicant’s arguments, it appears there is language that should be amended into the claim so that there is clarity, since the argument includes language in the specification, but not in the claim itself.
For examination purposes, the last phrase of the claim is being examined as such “output the same first stimulus data to the actuator, when the identified behavior after the set is recorded matches the identified behavior indicated by the first behavior information of the recorded set, and the identified behavior indicated by the second behavior information belonging to the recorded set matches the behavior of moving away from the protected area in the monitoring area.”
Claim 3 is rejected for being dependent upon a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Goldstein et al. (US 2022/0057519).
Regarding claim 1, Goldstein et al. discloses a behavior modification device (Fig. 1, (100)) comprising: processing circuitry (136) configured to: acquire sensing information of a sensor to observe a monitoring area (Fig. 1, paragraph [0055], acquiring sensing information from sensors for area); identify behavior of an organism as threatening, the organism present in the monitoring area, based on the acquired sensing information (paragraph [0055] discloses the identification of a person or animal as a threat based on sensing information); determine a parameter of a stimulus to be given to the organism based on the identified behavior (paragraph [0267] discusses the parameter determination based on the identified behavior); and generate stimulus data for generating the stimulus based on the determined parameter and output the stimulus data to an actuator (164) for generating the stimulus (152), wherein the stimulus is a sound wave ((164) is a directed sound source that provides sound waves, see paragraph [0237]), the parameter of the stimulus is at least one of a frequency change amount and a sound interval change amount (paragraphs [0187], [0201], [0527] disclose a frequency change amount, i.e. vary deterrent payload, escalate or de-escalate frequencies), in response to the identified behavior of the organism corresponding to behavior of approaching a protective area in the monitoring area with a distance change amount over a first threshold (paragraphs [0137], [0140], [0266], [0291], threshold level of speed, i.e. a distance change amount over a certain timeframe, idle time within boundary, i.e. distance change amount, etc.), the processing circuitry is configured to determine the parameter of the stimulus in such a manner as to increase the frequency change amount (paragraphs [0152]-[0153] discuss escalation, or increase in frequency change amount), the increase of the frequency change amount being based on the distance change amount of the organism (paragraphs [0152]-[0153] discuss the change being made based on a distance change amount), and in response to the identified behavior of the organism corresponding to behavior of moving away from the protective area, the processing circuitry is configured to determine the parameter of the stimulus in such a manner as to decrease the frequency change amount (paragraph [0153] discusses de-escalation, or decrease in frequency change amount), the decrease of the frequency change amount being based on the distance change amount (paragraph [0153] discusses the change being made based on a distance change amount).
Regarding claim 2, Goldstein et al. discloses the device of claim 1 and discloses wherein in response to the identified behavior of the organism being behavior of approaching a protective area in the monitoring area, and in response to an absolute value of the distance change amount approaching the protective area being equal to or less than the first threshold, the processing circuitry is configured to maintain the parameter of the stimulus (paragraphs [0061], [0137], [0151], [0153], [0636], neutralized at the moment), and in response the absolute value of the distance change amount approaching the protective area being larger than the first threshold, the processing circuitry is configured to adjust the parameter of the stimulus in such a manner as to increase the at least one of the frequency change amount and the sound interval change amount (paragraphs [0137], [0140], [0266], [0291], threshold level of speed, i.e. a distance change amount over a certain timeframe, idle time within boundary, i.e. distance change amount, etc.), as the distance change amount approaching the protective area becomes larger, and in response to the identified behavior of the organism is behavior of moving away from the protective area, and in response to an absolute value of a distance change amount moving away from the protective area being equal to or less than a second threshold, the processing circuitry is configured to maintain the parameter of the stimulus (paragraphs [0061], [0137], [0151], [0153], [0636], neutralized at the moment), and in response to the absolute value of the distance change amount moving away from the protective area being larger than the second threshold, the processing circuitry is configured to adjust the parameter of the stimulus in such a manner as to decrease the at least one of the frequency change amount and the sound interval change amount, as the distance change amount moving away from the protective area becomes larger (paragraph [0153] discusses de-escalation, or decrease in frequency change amount).
Regarding claim 3, Goldstein et al. discloses the device of claim 1 and discloses wherein the processing circuitry is configured to generate the stimulus data by acquiring first stimulus data and adjusting the first stimulus data based on the determined parameter to generate the stimulus data (paragraph [0097] discloses the iterative processing of any step or sequence).
Regarding claim 4, Goldstein et al. discloses the device of claim 1 and discloses the device further comprising: first behavior information indicating the identified behavior before the stimulus data is output to the actuator and the stimulus is generated by the actuator ([0004], determining a behavior descriptor), second behavior information indicating the identified behavior after the stimulus is generated by the actuator (2340), and first stimulus data are recorded as a set (paragraphs [0107] and [0498], under behavior storage memory within (2304)), wherein the processing circuitry is configured to output, to the actuator, the first stimulus data when the identified behavior after the set of the first behavior information, the second behavior information, and the first stimulus data is recorded matches the behavior indicated by the first behavior information recorded, and the behavior indicated by the second behavior information belonging to the set matches behavior of moving away from a protective area in the monitoring area, the first stimulus data and the first behavior information belonging to the set (paragraphs [0097]-[0098], [0435], [0439] discloses the iterative processing of any step or sequence).
Regarding claim 5, Goldstein et al. discloses a behavior modification method (Fig. 1, (100)) comprising: acquiring sensing information of a sensor to observe a monitoring area (through (136), Fig. 1, paragraph [0055], acquiring sensing information from sensors for area); identifying behavior of an organism as threatening, the organism present in the monitoring area, based on the acquired sensing information (paragraph [0055] discloses the identification of a person or animal as a threat based on sensing information); determining a parameter of a stimulus to be given to the organism based on the identified behavior (paragraph [0267] discusses the parameter determination based on the identified behavior); and generating stimulus data for generating the stimulus based on the determined parameter, and outputting the stimulus data to an actuator (164) for generating the stimulus (152), wherein the stimulus is a sound wave ((164) is a directed sound source that provides sound waves, see paragraph [0237]), the parameter of the stimulus is at least one of a frequency change amount and a sound interval change amount (paragraphs [0187], [0201], [0527] disclose a frequency change amount, i.e. vary deterrent payload, escalate or de-escalate frequencies), the behavior modification method further comprising: determining the parameter of the stimulus in such a manner as to increase the frequency change amount (paragraphs [0152]-[0153] discuss escalation, or increase in frequency change amount) in response to the identified behavior of the organism corresponding to behavior of approaching a protective area in the monitoring area based on a distance change amount over a first threshold (paragraphs [0137], [0140], [0266], [0291], threshold level of speed, i.e. a distance change amount over a certain timeframe, idle time within boundary, i.e. distance change amount, etc.), the increase of the frequency change amount being based on the distance change amount of the organism (paragraphs [0152]-[0153] discuss the change being made based on a distance change amount); and determining the parameter of the stimulus in such a manner as to decrease the frequency change amount (paragraph [0153] discusses de-escalation, or decrease in frequency change amount) in response to the identified behavior of the organism corresponding to behavior of moving away from the protective area based on the distance change amount (paragraphs [0137], [0140], [0266], [0291], threshold level of speed, i.e. a distance change amount over a certain timeframe, idle time within boundary, i.e. distance change amount, etc.), the decrease of the frequency change amount being based on the distance change amount (paragraph [0153] discusses the change being made based on a distance change amount).
Regarding claim 6, Goldstein et al. discloses a behavior modification system (Fig. 1, (100)) comprising: a sensor to observe a monitoring area (paragraph [0055] sensor for monitoring area); processing circuitry (136) configured to: acquire sensing information of the sensor (Fig. 1, paragraph [0055], acquiring sensing information from sensors for area); identify behavior of an organism as threatening, the organism present in the monitoring area, based on the acquired sensing information (paragraph [0055] discloses the identification of a person or animal as a threat based on sensing information); determine a parameter of a stimulus to be given to the organism based on the identified behavior (paragraph [0267] discusses the parameter determination based on the identified behavior); generate stimulus data for generating the stimulus based on the determined parameter; and an actuator (164) configured to generate the stimulus (152) to be given to the organism based on the generated stimulus data (paragraph [0106]), wherein the stimulus is a sound wave ((164) is a directed sound source that provides sound waves, see paragraph [0237]), the parameter of the stimulus is at least one of a frequency change amount and a sound interval change amount (paragraphs [0187], [0201], [0527] disclose a frequency change amount, i.e. vary deterrent payload, escalate or de-escalate frequencies), wherein in response to the identified behavior of the organism corresponding to behavior of approaching a protective area in the monitoring area based on a distance change amount of the organism being over a first threshold (paragraphs [0137], [0140], [0266], [0291], threshold level of speed, i.e. a distance change amount over a certain timeframe, idle time within boundary, i.e. distance change amount, etc.), the processing circuitry is configured to determine the parameter of the stimulus in such a manner as to increase the frequency change amount (paragraphs [0152]-[0153] discuss escalation, or increase in frequency change amount), the increase of the frequency change amount being based on the distance change amount of the organism (paragraphs [0152]-[0153] discuss the change being made based on a distance change amount), and in response to the identified behavior of the organism corresponding to behavior of moving away from the protective area, the processing circuitry is configured to determine the parameter of the stimulus in such a manner as to decrease the frequency change amount (paragraph [0153] discusses de-escalation, or decrease in frequency change amount), the decrease of the frequency change amount being based on the distance change amount of the organism (paragraph [0153] discusses the change being made based on a distance change amount).
Response to Arguments
Applicant’s arguments with respect to claims 1-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Lenhardt (US 6388949), Yavari et al. (US 2017/0123058), Deixler (US 2022/0276370), Deng et al. (US 12099048), and Takatsuka (US 2024/0018461) teach a behavior modification device/method/system.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/CARLY W. LYNCH/Examiner, Art Unit 3643
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