RESPONSE TO AMENDMENT
This communication is responsive to the amendment filed 3-June-2026 with respect to application 18/816,258 filed 27-August-2024.
Applicant has not amended, cancelled or added claims.
Claims 1-12 are currently pending.
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
The following information disclosure statements have been considered by the Examiner and made of record in the application file:
IDS#2, filed 27-December-2024 (1 reference).
Claim Rejections - 35 USC §103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-12 are rejected under 35 USC §103 as unpatentable over Correnti (United States Patent Application Publication # US 2020/0035080 A1) in view of Woo (United States Patent Application Publication # US 2013/0171981 A2).
Consider claim 1: A universal controlling device adapted for simulating a prior usage of a television device, Correnti discloses a system and method, comprising a monitor control unit, for occupancy simulation within a monitored property, and where such simulation may include operation of a plurality of devices such as: a smart television, a series of lights and a speaker (the control unit controlling a plurality of diverse devices) [Title; Abstract; Fig. 1-3; Para. 0002, 0004-0006, 0019, 0021], comprising:
a processing device; the monitor control unit (112/210) comprising a controller (212) (processor) [Fig. 1-2; Para. 0020, 0037];
a memory coupled to the processing device; the processor receiving instructions stored in memory [Para. 0037, 0071]; and
a first communications interface; a network module (214) facilitating communication through a network (205) to a remote server (114,270) [Fig. 1-2; Para. 0022, 0035-0036, 0038-0039];
wherein the memory stores instructions and the instructions, when executed by the processing device, [Para. 0037; 0071], cause the universal controlling device to perform steps comprising:
using command inputs received by the universal controlling device while operating in a normal mode of operation in which a one of a plurality of command code sets is selected for use in generating command communications recognizable by the television device to generate a vacation mode operational data; data from sensors, and operation commands for of lights and smart devices (including smart television) is collected, such as when a smart device is turned on, and turned off; the data stored, and used to generate one or more occupancy simulation patterns (310) [Fig. 3-4; Para. 0022, 0028, 0052, 0058], and
in response to the universal controlling device being placed into a vacation mode of operation using the vacation mode operational data in combination with the one of the plurality of command code sets to issue command communications to at least the television device via the first communications interface for the purpose of simulating a prior usage of the universal controllable device; wherein the sensors also monitor property occupancy, and on determination that no occupants are present (step 320) and/or at predetermined times as set by the user, a vacancy is determined, and an occupancy simulation pattern is implemented (step 330) by controlling the various devices (such as a smart television) to simulate user presence [Fig. 3-4; Para. 0053-0054, 0058].
Correnti does not explicitly define normal and vacation modes of operation as claimed but does disclose ongoing monitoring (and logging) of occupancy activity at the property to monitor and generate one or more occupancy simulation patterns of device use, and to detect property occupancy. Based on a determined vacancy and/or a predetermined time, a specific mode of operation is entered in which property devices are controlled according to the one or more predetermined occupancy simulation patterns are used to control the property devices, for a particular time, and where generation, and simulation modes and time periods may reasonably be interpreted by one of ordinary skill in the art at the time of invention to be equivalent to normal (or occupied) and vacation (or vacant) modes.
Correnti specifically discloses that the remote server aggregates collected (control] data over time and generates models that model human activity, and uses these to formulate occupancy simulations to control home devices (command code sets), comprising the monitoring of the turning on and turning off of a property device (such as a smart television), and subsequent controlling of the device on and off function by the monitor control unit, clearly suggesting recording of, and subsequent reproduction and communication of operation commands for at least these functions, but does not specifically disclose collecting and reproducing a plurality of command code sets for a television or other single home device. This was known in analogous prior art, however, and for example:
Woo discloses digital device (such as an exemplary television) control using a smart phone [Title; Abstract; Fig. 1-3, 7, 10; Para. 0001-0003, 0147] and particularly an embodiment in which the smart phone may capture and store an IR control signal of a plurality of device functions (exemplary on/off, volume and channel) for later replication (i.e., programming the smart phone to later issue IR commands for controlling the device [Fig. 7-10; Para. 0107-0123, 0145-0147].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention for a controller to receive all home network control requests, the set of request signals each comprising an address portion for identifying a controlled device, and a code portion indicating the command, for later use to control the various functions of the devices, as taught by Woo, to be included along with sensor data, usage data and occupancy data for controlling each of a plurality of devices for simulation and recreation of occupied state in a vacation mode at a later date as taught by Correnti, where later use of controller command function sets allows realistic and varied operation each particular device to be controlled in the vacation/away mode simulation.
Consider claim 2 and as applied to claim 1: The controlling device as recited in claim 1, wherein an activation of a predetermined input element of the universal controlling device places the universal controlling device into the vacation mode of operation. Correnti discloses occupancy of the property is monitored, and on determination that no occupants are present (step 320) and/or at predetermined times as set by the user. When vacancy is determined, or at the predetermined time, (predetermined input elements) an occupancy simulation pattern (mode) is implemented (step 330) by controlling the various devices (such as a smart television) to simulate user presence [Fig. 3-4; Para. 0053-0054, 0058].
Consider claim 3 and as applied to claim 1: The universal controlling device as recited in claim 1, wherein the instructions, when executed by the processing device, cause the controlling device to respond to a pause command received from a server device via a second communications interface of the universal controlling device by pausing the using of the vacation mode operational data. Correnti discloses that the server may end the occupation simulation (i.e. leave vacation mode) by commanding the control unit to do so, based on a variety of triggers and conditions [Para. 0010; 0054-0056] and further, that on detecting a further change the server may command a new simulation, or re-initialize the first simulation (in effect a pause) [Para. 0055].
Consider claim 4 and as applied to claim 1: The universal controlling device as recited in claim 1, wherein the instructions, when executed by the processing device, cause the universal controlling device to use a data that functions to identify the television device to select the one of the plurality of command code sets.
Correnti discloses that one or more occupancy patterns (sets) may be saved in memory, one of which may be selected for execution and used to command one or more devices (including a smart television) in a sequence [Fig. 3; Para. 0054].
Woo, moreover, discloses capture, storage and regeneration of a plurality of codes , each comprising a custom code functioning as an address for identifying the controlled device, and a data code which is the actual control code, and for a television, at least exemplary on/off, channel and volume commands [Fig. 9, 10; Para. 0117, 0145-0147].
Consider claim 5 and as applied to claim 1: The universal controlling device as recited in claim 1, wherein the first interface comprises a wired communications interface. Correnti specifically discloses that communication between the controller and sensors, smart devices and cameras may be wired or wireless [Fig. 1-2; Para. 0044].
Consider claim 6 and as applied to claim 1: The universal controlling device as recited in claim 1, wherein the first interface comprises a wireless communications interface. Correnti specifically discloses that communication between the controller and sensors, smart devices and cameras may be wired or wireless [Fig. 1-2; Para. 0044].
Consider claim 7: A method, performed by a universal controlling device, for simulating a prior usage of a television device, Correnti discloses a system and method, comprising a monitor control unit, for occupancy simulation within a monitored property, and where such simulation may include operation of a plurality of devices such as: a smart television, a series of lights and a speaker (the control unit controlling a plurality of diverse devices) [Title; Abstract; Fig. 1-3; Para. 0002, 0004-0006, 0019, 0021], comprising:
using command inputs received by the universal controlling device while operating in a normal mode of operation in which a one of a plurality of command code sets is selected for use in generating command communications recognizable by the television device to generate a vacation mode operational data; a monitor control unit (112/210) comprising a controller (212) receiving instructions stored in memory whereby data from sensors, and operation commands for of lights and smart devices (including smart television) is collected, such as when a smart device is turned on, and turned off; the data stored, and used to generate one or more occupancy simulation patterns (310) [Fig. 1-4; Para. 0020, 0022, 0035-0039, 0028, 0052, 0058, 0071]; and
in response to the universal controlling device being placed into a vacation mode of operation using the vacation mode operational data in combination with the one of the plurality of command code sets to issue command communications to at least the television device via the first communications interface; wherein, the sensors also monitor property occupancy, and on determination that no occupants are present (step 320) and/or at predetermined times as set by the user, a vacancy is determined, and an occupancy simulation pattern is implemented (step 330) by controlling the various devices (such as a smart television) to simulate user presence [Fig. 3-4; Para. 0053-0054, 0058].
Correnti does not explicitly define normal and vacation modes of operation as claimed but does disclose ongoing monitoring (and logging) of occupancy activity at the property to monitor and generate one or more occupancy simulation patterns of device use, and to detect property occupancy. Based on a determined vacancy and/or a predetermined time, a specific mode of operation is entered in which property devices are controlled according to the one or more predetermined occupancy simulation patterns are used to control the property devices, for a particular time, and where generation, and simulation modes and time periods may reasonably be interpreted by one of ordinary skill in the art at the time of invention to be equivalent to normal (or occupied) and vacation (or vacant) modes.
Correnti specifically discloses that the remote server aggregates collected (control] data over time and generates models that model human activity, and uses these to formulate occupancy simulations to control home devices (command code sets), comprising the monitoring of the turning on and turning off of a property device (such as a smart television), and subsequent controlling of the device on and off function by the monitor control unit, clearly suggesting recording of, and subsequent reproduction and communication of operation commands for at least these functions, but does not specifically disclose collecting and reproducing a plurality of command code sets for a television or other single home device. This was known in analogous prior art, however, and for example:
Woo discloses digital device (such as an exemplary television) control using a smart phone [Title; Abstract; Fig. 1-3, 7, 10; Para. 0001-0003, 0147] and particularly an embodiment in which the smart phone may capture and store an IR control signal of a plurality of device functions (exemplary on/off, volume and channel) for later replication (i.e., programming the smart phone to later issue IR commands for controlling the device [Fig. 7-10; Para. 0107-0123, 0145-0147].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention for a controller to receive all home network control requests, the set of request signals each comprising an address portion for identifying a controlled device, and a code portion indicating the command, for later use to control the various functions of the devices, as taught by Woo, to be included along with sensor data, usage data and occupancy data for controlling the controlled each of a plurality of devices for simulation and recreation of occupied state in a vacation mode at a later date as taught by Correnti, where later use of controller command function sets allows realistic and varied operation each particular device to be controlled in the vacation/away mode simulation.
Consider claim 8 and as applied to claim 7: The method as recited in claim 7, wherein an activation of a predetermined input element of the universal controlling device places the universal controlling device into the vacation mode of operation. Correnti discloses occupancy of the property is monitored, and on detection of a vacancy (step 320) and/or at predetermined times as set by the user. When vacancy is determined, or at the predetermined time, (predetermined input elements) an occupancy simulation pattern (mode) is implemented (step 330) by controlling the various devices (such as a smart television) to simulate user presence [Fig. 3-4; Para. 0053-0054, 0058].
Consider claim 9 and as applied to claim 7: The method as recited in claim 7, further comprising responding to a pause command received from a server device via a second communications interface of the universal controlling device by pausing the using of the vacation mode operational data. Correnti discloses that the server may end the occupation simulation (i.e. leave vacation mode) by commanding the control unit to do so, based on a variety of triggers and conditions [Para. 0010; 0054-0056] and further, that on detecting a further change the server may command a new simulation, or re-initialize the first simulation (in effect a pause) [Para. 0055].
Consider claim 10 and as applied to claim 7: The method as recited in claim 7, further comprising using a data that functions to identify the television device to select the one of the plurality of command code sets.
Correnti discloses that one or more occupancy patterns (sets) may be saved in memory, one of which may be selected for execution and used to command one or more devices (including a smart television) in a sequence [Fig. 3; Para. 0054].
Woo, moreover, discloses capture, storage and regeneration of a plurality of codes, each comprising a custom code functioning as an address for identifying the controlled device, and a data code which is the actual control code, and for a television, at least exemplary on/off, channel and volume commands [Fig. 9, 10; Para. 0117, 0145-0147].
Consider claim 11 and as applied to claim 7: The method as recited in claim 7, wherein the first interface comprises a wired communications interface. Correnti specifically discloses that communication between the controller and sensors, smart devices and cameras may be wired or wireless [Fig. 1-2; Para. 0044].
Consider claim 12 and as applied to claim 7: The method as recited in claim 7, wherein the first interface comprises a wireless communications interface. Correnti specifically discloses that communication between the controller and sensors, smart devices and cameras may be wired or wireless [Fig. 1-2; Para. 0044].
Response to Arguments
Applicant’s arguments filed on 2-June-2026 have been carefully and fully considered by the Examiner, and responses are provided as follow:
Consider Applicant remarks with respect to the rejection of claims 1-12 for non-statutory double patenting over Berrios (US 12,100,284 B2) (Parent) [Remarks: page 3]: Applicant’s filing of a terminal disclaimer, and the acceptance thereof, obviates these rejections, and the rejections have been withdrawn.
Consider Applicant remarks with respect to the rejection of claims 1-12 under 35 USC §103 over Correnti (US 2020/0035080 A1) and Woo (US 2013/0171981 A2) [Remarks: page 2-3]:
Regarding independent claim 1: Applicant arguments are, in summary, are that Correnti and Woo fail to teach or suggest either “a universal controlling device”, or “a plurality of command code sets”. These arguments are not persuasive:
Consider the limitation “a universal controlling device”: The inventive specification (US 2026 0067523 A1) provides no definition for a universal controlling device, and never mentions the word “universal” except in the claims themselves. Therefore, this element may be construed according to a broad reasonable interpretation of the words as commonly used.
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Correnti clearly discloses a control unit (110) and monitoring server (114) which interface to, and controls, a plurality of different types of devices, including cameras, lights and smart devices (such as a smart television, game console, thermostat, speaker, Amazon echo, etc.) [Fig. 1; Para. 0021] and therefore, clearly meets a broad definition of a “universal controller”.
Consider the limitation “a plurality of command code sets”: Applicant’s disclosure of this element is limited to: “In some embodiments, the setup agent may simply provide an already installed remote control app (or native programming of a remote control device) with the command code sets (or links to command code sets) and/or user interface(s) needed to control one or more of the appliances within the ecosystem.” [Para. 0036].
Correnti discloses:
“Over time, the control unit communicates the collected data to the remote server, the remote server aggregates the data, and generates models that model the human activity within the monitored property. The remote server uses the generated models to formulate occupancy simulations that are similar to the human activity within the property. When the monitored property is unoccupied, the monitoring server commands the control unit to run the occupancy simulations to mimic human activity at the property.“[Para. 019].
An occupancy simulation which controls one or more devices to mimic the presence of a human may be broadly considered to be a “command code set” and where Correnti specifically discloses a plurality of simulations.
Woo, moreover, discloses that control of one (or each) particular device, may comprise a plurality of commands, each controlling a particular function of the device [Para. 0145-0147], and where the collection of these commands may also be reasonably considered a “command code set”.
For these reasons, the rejection of claim 1 under 35 USC §103 over Correnti and Woo is maintained.
Regarding independent claim 7: No separate or additional arguments are made with respect to this claim, and allowability is asserted based on the same arguments as for claim 1. The arguments are similarly unpersuasive for this claim, and the rejection of claim 7 under 35 USC §103 over Correnti and Woo is also maintained.
Regarding claims 2-6 and 8-12 depending from claims 1 and 7 respectively: No separate or additional arguments are made with respect to these claims, and allowability is asserted based on the alleged allowability of base claims 1 and 7. The rejections of these claims are also maintained based on the continued rejection of their respective base claims, and on the particular citations and analysis presented for each in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Martin (U.S. Patent Application Publication # US 200/60181401 A1) disclosing a vacation mode security system and method.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685