DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/08/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,125,355. Although the claims at issue are not identical, they are not patentably distinct from each other, as both dislosures relate to a video monitoring and alarm system that images a property, presents the video data to a first person either based on an event detection or a request to view, and based on a request to share the information, present the sensed data to a second user, as well as with opportunity to chat between the first and second user regarding the shared information. The limitations of the instant application only differ based on the ability to send information to a third person, and sending alarm notifications and information such as the address of the property. Since the limitations of U.S. Patent No. 12,125,355 include that of sending messages that identify the video in addition to sharing the sensed data, it would have been obvious that this information could be alarm or linking information such as the address to identify the video being shared. As such, the claims at issue are not identical, but are not patentably distinct from each other.
Application No. 18/916,952
U.S. Patent No. 12,125,355
Claim 21
Claim 1
A system comprising one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising:
A system comprising one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising:
providing, to a first client device of a first person associated with a property, an
instruction to cause the first client device to present sensed data;
receiving, by the system for a first account, first input selecting a portion of a video i) captured by a camera at a property and ii) that was presented by the system
receiving, from the first client device and after providing the sensed data to the first client
device, a first request indicating a selection of a portion of the sensed data and a second request
to share the selected portion of the sensed data with a second, different person; and
receiving, by the system, second input to share, with a device of a second account, the selected portion of the video captured by the camera; and in response to receiving the second input to share, with a device of the second account, the selected portion of the video captured by the camera
in response to receiving the second request to share the selected portion of the sensed
data with the second person, providing, to a second client device of the second person, the
selected portion of the sensed data.
providing, by the system and to anther system, a message that identifies the selected portion of the video and the second account to cause the other system to send, to a second device for the second account, the selected portion of the video captured by the camera.
Claim 22
Claim 1
wherein providing the selected portion of the sensed data
to the second client device of the second person causes the second client device to present the
selected portion of the sensed data.
to cause the other system to send, to a second device for the second account, the selected portion of the video captured by the camera
Claim 5: the operations comprising: displaying … the selected portion of the video captured by the camera
Claim 23
Claim 8
the operations further comprising:
detecting an event at the property; and
providing, to the first client device of the first person associated with the property and
based on the event detected at the property, the instruction to cause the first client device to
present the sensed data.
the operations comprising: based on an event detected at the property, presenting, by the system, the video captured by the camera
Claim 24
Claim 7
the operations further comprising: detecting a request to view sensed data; and providing, to the first client device of the first person associated with the property and based on the request to view sensed data, the instruction to cause the first client device to present the sensed data.
the operations comprising: receiving, by the system, input requesting the video captured by the camera at the property; and in response to receiving the input requesting the video captured by the camera at the property, presenting, by the system, the video captured by the camera
Claim 25
Claim 1
wherein receiving, from the first client device and after
providing the sensed data to the first client device, the second request to share the selected
portion of the sensed data with a second, different person is after receiving, from the first client
device, the first request indicating a selection of a portion of the sensed data.
receiving, by the system, second input to share, with a device of a second account, the selected portion of the video captured by the camera; and in response to receiving the second input to share, with a device of the second account, the selected portion of the video captured by the camera, providing, by the system and to anther system, a message that identifies the selected portion of the video and the second account to cause the other system to send, to a second device for the second account, the selected portion of the video captured by the camera
Claim 26
Claim 1
wherein receiving, from the first client device of the first
person, the second request to share the selected portion of the sensed data with the second person
comprises receiving, from the first client device of the first person, the second request to share,
with the second device that is not associated with the property, the selected portion of the sensed
data.
receiving, by the system, second input to share, with a device of a second account, the selected portion of the video captured by the camera; and in response to receiving the second input to share, with a device of the second account, the selected portion of the video captured by the camera, providing, by the system and to anther system, a message that identifies the selected portion of the video and the second account to cause the other system to send, to a second device for the second account, the selected portion of the video captured by the camera
Claim 28
Claim 7
wherein the sensed data is image data received by a camera of a monitoring system associated with the property.
the video captured by the camera at the property; and in response to receiving the input requesting the video captured by the camera at the property, presenting, by the system, the video captured by the camera
Claim 29
Claim 2
the operations further comprising in response to
receiving the first request to share, establishing a chat session between the first client device of
the first person and another device
the operations comprising: in response to providing the message that identifies the selected portion of the video and the second account to cause the other system to send the selected portion of the video captured by the camera, establishing, by the system, a chat session between the system and another device.
Claim 30
Claim 5
the chat session being presented with the selected portion of the sensed data and enabling the first person and the second person to discuss the selected portion of the sensed data
the operations comprising: displaying, concurrently with presentation of an interface for the chat session, the selected portion of the video captured by the camera
Claim 31
Claim 3
wherein establishing the chat session between the first client device of the first person and the other device comprises automatically, without an
additional request, establishing the chat session between the first client device of the first person
and the other device based on the second request to share, with the second person, the selected
portion of the sensed data
wherein establishing the chat session between the system and the other device comprises automatically, without additional user input, establishing the chat session between the system and the other device
Claim 32
Claim 3
wherein establishing the chat session between the first client device of the first person and the other device comprises automatically, without additional
user input, establishing the chat session between the first client device of the first person and the other device
wherein establishing the chat session between the system and the other device comprises automatically, without additional user input, establishing the chat session between the system and the other device
Claim 33
Claim 4
wherein the other device is the second client device of the second person
wherein the other device and the second device are the same device
Claim 38
Claim 9
A method, comprising:
A method comprising:
presenting, by a first client device, at least a portion of sensed data; after presentation of the portion of the sensed data on the first client device:
and ii) that was presented by the first device
receiving, from a first input device, first input selecting a portion of the sensed
data; and
receiving, by a first device for a first account, first input selecting a portion of a video i) captured by a camera at a property
receiving, from a second input device, second input requesting that the selected
portion of the sensed data be shared with a second, different person; and
receiving, by the first device, second input to share, with a device of a second account, the selected portion of the video captured by the camera;
in response to receiving the second input requesting that the selected portion of the
sensed data be shared with the second person, providing, to a remote system, data that identifies
the selected portion of the sensed data and the second, different person to cause the remote
system to provide a second client device associated with the second, different person access to the selected portion of the sensed data.
and in response to receiving the second input to share, with a device of the second account, the selected portion of the video captured by the camera, providing, by the first device and to another system, a message that identifies the selected portion of the video and the second account to cause the other system to send, to a second device for the second account, the selected portion of the video captured by the camera.
Claim 39
Claim 16
wherein presenting, by the first client device, at least the portion of the sensed data is based on an event detected at a property or a request to view sensed data, receiving, by a first client device of a first person associated with the property, sensed data for viewing by the first person.
comprising: based on an event detected at the property, presenting, by the first device, the video captured by the camera.
Claim 15: comprising: receiving, by the first device, input requesting the video captured by the camera at the property; and in response to receiving the input requesting the video captured by the camera at the property, presenting, by the first device, the video captured by the camera
Claims 21-40 are additionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,741,805. Although the claims at issue are not identical, they are not patentably distinct from each other, for similar reasons to those discussed above in regard to the comparison to the limitations of U.S. Patent No. 12,125,355.
Allowable Subject Matter
Claim 21-40 are objected to as being rejected on the grounds of nonstatutory double patenting,
but would be allowable if the double patenting rejections were overcome, such as through the filing of a
terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter: The independent claims incorporate limitations regarding receiving, from the first mobile device and after providing the video to the first mobile device, first input selecting a portion of the video captured by the camera, receiving an input to share the selected portion of the video, and providing the selected portion of the video captured by the camera to the second device in response to receiving input to share the selected portion of the video. The teachings of Saylor include that the user of the first mobile device may view the images or video clips detected by a camera when an alarm is signaled, and may provide actions through menu options to determine whether to contact other individuals or entities and share information with them, the information including photos, images, video, and/or other information. However, Saylor does not expressly disclose a step of the user receiving video from the camera upon an event occurring, or a request to view, selecting a portion of the video, and then providing input to decide to share the selected portion of the video with a second mobile device.
The closest prior art of reference, Saylor et al. (U.S. Patent No. 6,965,313), discloses a personal security network where security devices, such as cameras, are connected to a central security network which notifies a user when an alert situation occurs, and when notified of a possible break-in, the user may view photo or video taken of the area associated with the alert at the time of the possible break -in. Additionally, Saylor teaches the ability to contact individuals and/or entities identified by the user in order to allow them to also receive alert notifications in an order determined by the user, or allow the user to select actions through menu options at the time of an alarm situation allowing them to alert others. The alarm situation and other information may be conveyed to these entities via data packets that can contain photos, video, images, and/or other information. However, Saylor does not expressly disclose a step of the user receiving video from the camera upon an event occurring, or a request to view, selecting a portion of the video, and then providing input to decide to share the selected portion of the video with a second mobile device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER B EDWARDS whose telephone number is (571)272-2738. The examiner can normally be reached 9:00 am - 5:00 pm.
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/TYLER B. EDWARDS/
Examiner
Art Unit 2488
/SATH V PERUNGAVOOR/Supervisory Patent Examiner, Art Unit 2488