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.
Claims 1 – 20 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.
Regarding claims 1, 19 and 20, the phrase "usable" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 2 – 18, they are dependent claims of claim 1, thus, they are rejected accordingly.
Double Patenting
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.
Claims 1 – 13 and 18 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 13 and 18 – 20 of U.S. Patent No. 12,125,369.
Regarding claim 1 (similar as to claims 19 and 20),
Claim 1 of instant application
Claim 1 of patent 12,125,369
A method comprising:
at a smart home system having one or more processors and memory:
prior to determining whether one or more persons, animals, or objects are approaching a smart home environment, capturing continuous video data;
determining whether one or more persons, animals, or objects are approaching a smart home environment;
in response to determining that one or more persons, animals, or objects are approaching the smart home environment, initiating an observation window during which one or more sensors associated with the smart home system sense data relating to the one or more persons, animals, or objects approaching the smart home environment;
obtaining context information and identification information, the context information usable to determine an event type and a time of day, the identification information usable to characterize an identity of the one or more persons, animals, or objects;
ending the observation window based on at least one factor including: (i) a predetermined time threshold, (ii) an announcement event from the one or more persons, animals, or objects, (iii) the context information, (iv) input from a user of the smart home system, or (v) a predetermined motion threshold; and
initiating a response based on at least one of the context information or identification information.
A method comprising:
at a smart home system having one or more processors and memory: determining whether one or more persons, animals, or objects are approaching a smart home environment;
in response to determining that one or more persons, animals, or objects are approaching the smart home environment, initiating an observation window during which one or more sensors associated with the smart home system sense data relating to the one or more persons, animals, or objects approaching the smart home environment;
obtaining context information and identification information, the context information usable to determine an event type and a time of day, the identification information usable to characterize an identity of the one or more persons, animals, or objects;
ending the observation window based on at least one factor including: (i) a predetermined time threshold, (ii) an announcement event from the one or more persons, animals, or objects, (iii) the context information, or (iv) input from a user of the smart home system; and
initiating a response based on at least one of the context information or identification information.
The claim 1 of instant application discloses each limitation of the claim 1 of patent 12,125,369 (similar as to claims 19 and 20).
Claims 2 – 13 and 18 of instant application are corresponding to claims 2 – 13 and 18 of patent 12,125,369, respectively.
Claim Rejections - 35 USC § 102/103
No reference is found for § 102/103 rejection.
The current invention is directed to a smart home system wherein prior to determining whether one or more persons, animals, or objects are approaching a smart home environment, capturing continuous video data; determining whether one or more persons, animals, or objects are approaching a smart home environment;
in response to determining that one or more persons, animals, or objects are approaching the smart home environment, initiating an observation window during which one or more sensors associated with the smart home system sense data relating to the one or more persons, animals, or objects approaching the smart home environment; obtaining context information and identification information, the context information usable to determine an event type and a time of day, the identification information usable to characterize an identity of the one or more persons, animals, or objects; ending the observation window based on at least one factor including: (i) a predetermined time threshold, (ii) an announcement event from the one or more persons, animals, or objects, (iii) the context information, (iv) input from a user of the smart home system, or (v) a predetermined motion threshold; and initiating a response based on at least one of the context information or identification information.
The closest reference Scalisi et al. (US 8,872,915, IDS) discloses method/an electronic greeting system of a smart home environment wherein determine whether one or more persons are approaching a smart home environment; recording an image with a security system; identifying a portion of the image that includes the visitor; and displaying the portion on a remote computing device (Fig. 21 and 22).
Fadell et al. (US 2015/0112885) discloses a smart home system wherein detecting visitor information of a visitor at an entryway interface device of a smart environment; analyzing the detected visitor information (e.g., the detected package identification information); and communicating with a user associated with the smart environment based on the analysis (Fig. 20).
However, neither Scalisi nor Fadell, alone or in combination, teach all the limitations recited in the independent claims of the instant application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIAN YANG whose telephone number is (571)270-7239. The examiner can normally be reached on Monday-Thursday 8am-6pm.
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/QIAN YANG/
Primary Examiner, Art Unit 2677
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