The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to application filed on 10/25/24, in which Claims 1-20 are presented for examination of which Claims 1, 12 and 17 are in independent form.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 12 and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a process for mental process and organizing human activity without adding significantly more. The independent claims recite:
detect a presence of an individual at a site (mental process: notice someone approaching a building on site);
in response to detecting the presence of the individual at the site, determine one or more characteristics of the individual detected at the site (mental process: notice individual walking in circles looking lost);
determine an identifier of a mobile communication device at a location of the individual detected at the site (human activity: get a phone number from individual);
This judicial exception is not integrated into a practical application because there is no particular machine, particular transformation and no meaningful limitations that would amount to significantly more. The claims do not include additional elements.
MPEP 2106.05(e) states that the claim should add meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment to transform the judicial exception into patent-eligible subject matter. MPEP 2106.05(h) states that limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application.
The detecting and determining steps recite an abstract idea.
The generating and transmitting steps recite the additional elements. The generating and transmitting limitations are mere insignificant extra solution activity that do no not integrate the abstract idea into a practical application. The recited processors (Claims 1 and 12), and sensors terminal (Claims 1, 12 and 17) are generic computer components to the abstract idea which is merely applying an abstract idea “with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea”.
The combination of the recited generating, transmitting and computer limitations would not integrate the abstract idea into a practical application as it is merely using generic computer components to which the idea is applied to.
The last analysis regarding does the claim recite additional elements that amount to significantly more than the judicial exception is similar to the last analysis except that well-understood, routine and conventional devices are consider as part of the analysis. The generating and transmitting limitations are merely insignificant extra solution activity so this doesn’t amount to significantly more. The recited processors and sensors are generic computer components that the abstract idea is applied to, and again the mere applying of an abstract idea “with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea” does not amount to significantly more. The combination of the recited receiving and computer limitations does not amount to significantly more as it is an application to generic computer components to which the idea is applied to.
Dependent Claims 2-11, 13-16 and 18-20 recite further human activity and hence do not add any particular machine, particular transformation or meaningful limitations that would amount to significantly more and therefore they are rejected as well.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3 and 5-19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Vazirani (US 20190035242 A1).
Regarding Claim 1, Vazirani discloses an apparatus (Abstract) comprising:
one or more processors ([0026], Fig 2) configured to execute instructions to perform operations to cause the apparatus to:
detect a presence of an individual ([0032] communicatively coupled sensors 315, 320, 325 and 330 may be sensors for collecting data, such as microphones, ambient light sensors, passive infrared sensors, or the like that may be indicative of the location and/or movement patterns of the intruder) at a site based on sensor data from one or more sensors positioned at the site ([0031]-[0032] door sensors, window sensors, motion detector, video cameras, microphones, ambient light sensors, passive infrared sensors);
in response to detecting the presence of the individual at the site, determine one or more characteristics of the individual detected at the site based on the sensor data from the one or more sensors ([0032] communicatively coupled sensors 315, 320, 325 and 330 may be sensors for collecting data, such as microphones, ambient light sensors, passive infrared sensors, or the like that may be indicative of the location and/or movement patterns of the intruder; [0034] the monitoring system 305 may implement voice and/or data analysis techniques to recognize words, topics, images, etc. from the communication content that may be relevant for identifying criminal intent; [0037] monitoring changes in the location of the device 375, determining movement patterns of the device 375 and comparing the movement patterns of the device 375 to predefined movement patterns, the monitoring system 305 may determine that the audible alarm failed to deter the intruder);
determine an identifier of a mobile communication device at a location of the individual detected at the site, according to the sensor data ([0025] Any cellular device that enters a range of coverage of the communication devices 119 will automatically connect to the communication devices 119 via a cellular wireless protocol (such as GSM or CDMA) and transmit unique identification values (such as an International Mobile Subscriber Identity (IMSI) value, an International Mobile Equipment Identity (IMEI) value, and/or a Temporary Mobile Subscriber Identity IMSI value, etc.) associated with the cellular device to the communication devices 119. The communication devices 119 are configured to receive the unique identification values and determine a phone number identifying the cellular device);
generate an electronic message for transmission to the mobile communication device, wherein the electronic message contains content based on the one or more characteristics ([0036] the monitoring system 305 may call the intruder's cellular device and/or send one or more warning messages to the intruder's cellular device…may send warning messages (e.g., text, SMS, images, audio, etc.) to the intruder's cellular device); and
transmit the electronic message for delivery to the mobile communication device, according to the identifier ([0036]).
Regarding Claim 2, Vazirani discloses the message is a personalized message prepared according to one or more of the sensor data and the one or more characteristics of the individual ([0036] may send audible messages via the cellular communication link such as “you have been identified as an intruder,” “you have no authorization for accessing the premises,” “we have intercepted information uniquely identifying your phone but do not recognize your phone, please identify yourself!,” “you are under surveillance, do not proceed into premises,”).
Regarding Claim 3, Vazirani discloses the message is prepared to provide a deterrent effect to motivate the individual to leave the site ([0037] monitoring system 305 may trigger an alarm and/or provide an intruder alert notification, such as playing an audible alarm, sending or generating an alarm message, turning on/off the lights 350, turning on the video camera 310, etc.).
Regarding Claim 5, Vazirani discloses the sensor data comprises one or more of audio data, image data, and depth data ([0024] image capture devices 120 (e.g., a video camera, a camera, etc.)…audio recorders; [0032] microphones, ambient light sensors, passive infrared sensors).
Regarding Claim 6, Vazirani discloses the one or more characteristics of the individual indicate the individual is an intruder at the site ([0034] the monitoring system 305 may implement voice and/or data analysis techniques to recognize words, topics, images, etc. from the communication content that may be relevant for identifying criminal intent).
Regarding Claim 7, Vazirani discloses the identifier is one of a temporary mobile subscriber identifier (TMSI), a globally unique temporary identifier (GUTI), a subscription concealed identifier (SUCI), a subscription permanent identifier (SUPI), an international mobile subscriber identity (IMSI), and a network access identifier (NAI) ([0025] Any cellular device that enters a range of coverage of the communication devices 119 will automatically connect to the communication devices 119 via a cellular wireless protocol (such as GSM or CDMA) and transmit unique identification values (such as an International Mobile Subscriber Identity (IMSI) value, an International Mobile Equipment Identity (IMEI) value, and/or a Temporary Mobile Subscriber Identity IMSI value, etc.) associated with the cellular device to the communication devices 119; [0033] monitoring system 305 may determine, retrieve, and/or receive the IMEI, TMSI, and/or the IMSI value associated with the device 375 (e.g., a cellular device)).
Regarding Claim 8, Vazirani discloses the mobile communication device comprises a mobile phone, the message is transmitted to the mobile phone via a mobile carrier, and the message comprises an SMS text message ([0036] the monitoring system 305 may call the intruder's cellular device and/or send one or more warning messages to the intruder's cellular device…may send warning messages (e.g., text, SMS, images, audio, etc.) to the intruder's cellular device).
Regarding Claim 9, Vazirani discloses the one or more sensors comprises one or more of an audio sensor, an image sensor, and a depth sensor ([0024] image capture devices 120 (e.g., a video camera, a camera, etc.)…audio recorders; [0032] microphones, ambient light sensors, passive infrared sensors).
9>Regarding Claim 10, Vazirani discloses the audio sensor comprises a microphone, the image sensor comprises a camera, and the depth sensor comprises one or more of an infrared sensor, a radar sensor, and a structured light sensor ([0032] video camera…cameras… communicatively coupled sensors 315, 320, 325 and 330 may be sensors for collecting data, such as microphones, ambient light sensors, passive infrared sensors).
Regarding Claim 11, Vazirani discloses the one or more processors are further to execute instructions to perform operations to compare the identifier to a current list of known identifiers to determine the identifier is a new identifier that arrived to the site with the individual ([0033] monitoring system 305 (and/or the local office 103) may analyze, store, and/or compare the acquired information. For example, the monitoring system 305 may compare the device 375's IMSI, the IMEI, or the TMSI values with known IMSI, IMEI and/or TMSI identities for cellular devices registered with the monitoring system 305. The monitoring system 305 may determine that the unknown device 375 is not recognized).
Regarding Claim 12, Vazirani discloses a building system (Abstract) comprising:
one or more sensors to be positioned at a site of a building and each to capture sensor data relevant to one or more of the building, an environment of the building, the site of the building, an area adjacent to the building ([0029] the premises 300 may be a building…extending to a property line boundary, a street, an end of a yard, etc.); and
one or more processors ([0026], Fig 2) configured to execute instructions to perform operations to cause the system to:
detect, using sensor data from the one or more sensors ([0031]-[0032] door sensors, window sensors, motion detector, video cameras, microphones, ambient light sensors, passive infrared sensors), a presence of an individual ([0032] communicatively coupled sensors 315, 320, 325 and 330 may be sensors for collecting data, such as microphones, ambient light sensors, passive infrared sensors, or the like that may be indicative of the location and/or movement patterns of the intruder);
detect, by a sensor of the one or more sensors, an identifier being broadcast by a mobile communication device that is at a location of the individual detected ([0025] Any cellular device that enters a range of coverage of the communication devices 119 will automatically connect to the communication devices 119 via a cellular wireless protocol (such as GSM or CDMA) and transmit unique identification values (such as an International Mobile Subscriber Identity (IMSI) value, an International Mobile Equipment Identity (IMEI) value, and/or a Temporary Mobile Subscriber Identity IMSI value, etc.) associated with the cellular device to the communication devices 119. The communication devices 119 are configured to receive the unique identification values and determine a phone number identifying the cellular device);
generate an electronic message to be sent to the mobile communication device, according to the sensor data ([0036] the monitoring system 305 may call the intruder's cellular device and/or send one or more warning messages to the intruder's cellular device…may send warning messages (e.g., text, SMS, images, audio, etc.) to the intruder's cellular device); and
transmit the electronic message to the mobile communication device via a mobile communication network associated with the mobile communication device ([0036]).
Regarding Claim 13, Vazirani discloses the sensor data comprises one or more of audio data, image data, and depth data ([0024] image capture devices 120 (e.g., a video camera, a camera, etc.)…audio recorders; [0032] microphones, ambient light sensors, passive infrared sensors).
Regarding Claim 14, Vazirani discloses one or more characteristics of the individual indicate the individual is an intruder at the site ([0034] the monitoring system 305 may implement voice and/or data analysis techniques to recognize words, topics, images, etc. from the communication content that may be relevant for identifying criminal intent).
Regarding Claim 15, Vazirani discloses the identifier is one of a temporary mobile subscriber identifier (TMSI), a globally unique temporary identifier (GUTI), a subscription concealed identifier (SUCI), a subscription permanent identifier (SUPI), an international mobile subscriber identity (IMSI), and a network access identifier (NAI) ([0025] Any cellular device that enters a range of coverage of the communication devices 119 will automatically connect to the communication devices 119 via a cellular wireless protocol (such as GSM or CDMA) and transmit unique identification values (such as an International Mobile Subscriber Identity (IMSI) value, an International Mobile Equipment Identity (IMEI) value, and/or a Temporary Mobile Subscriber Identity IMSI value, etc.) associated with the cellular device to the communication devices 119; [0033] monitoring system 305 may determine, retrieve, and/or receive the IMEI, TMSI, and/or the IMSI value associated with the device 375 (e.g., a cellular device)).
Regarding Claim 16, Vazirani discloses the mobile communication device comprises a mobile phone, the message is transmitted to the mobile phone via a mobile carrier, and the message comprises an SMS text message ([0036] the monitoring system 305 may call the intruder's cellular device and/or send one or more warning messages to the intruder's cellular device…may send warning messages (e.g., text, SMS, images, audio, etc.) to the intruder's cellular device).
Regarding Claim 17, Vazirani discloses a computer-implemented method ([0026]) comprising:
detect a presence of an individual ([0032] communicatively coupled sensors 315, 320, 325 and 330 may be sensors for collecting data, such as microphones, ambient light sensors, passive infrared sensors, or the like that may be indicative of the location and/or movement patterns of the intruder) at a site based on sensor data from one or more sensors positioned at the site ([0031]-[0032] door sensors, window sensors, motion detector, video cameras, microphones, ambient light sensors, passive infrared sensors);
in response to detecting the presence of the individual at the site, determine one or more characteristics of the individual detected at the site based on the sensor data from the one or more sensors ([0032] communicatively coupled sensors 315, 320, 325 and 330 may be sensors for collecting data, such as microphones, ambient light sensors, passive infrared sensors, or the like that may be indicative of the location and/or movement patterns of the intruder; [0034] the monitoring system 305 may implement voice and/or data analysis techniques to recognize words, topics, images, etc. from the communication content that may be relevant for identifying criminal intent; [0037] monitoring changes in the location of the device 375, determining movement patterns of the device 375 and comparing the movement patterns of the device 375 to predefined movement patterns, the monitoring system 305 may determine that the audible alarm failed to deter the intruder);
determine an identifier of a mobile communication device at a location of the individual detected at the site, according to the sensor data ([0025] Any cellular device that enters a range of coverage of the communication devices 119 will automatically connect to the communication devices 119 via a cellular wireless protocol (such as GSM or CDMA) and transmit unique identification values (such as an International Mobile Subscriber Identity (IMSI) value, an International Mobile Equipment Identity (IMEI) value, and/or a Temporary Mobile Subscriber Identity IMSI value, etc.) associated with the cellular device to the communication devices 119. The communication devices 119 are configured to receive the unique identification values and determine a phone number identifying the cellular device);
generate an electronic message for transmission to the mobile communication device, wherein the electronic message contains content based on the one or more characteristics ([0036] the monitoring system 305 may call the intruder's cellular device and/or send one or more warning messages to the intruder's cellular device…may send warning messages (e.g., text, SMS, images, audio, etc.) to the intruder's cellular device); and
transmit the electronic message for delivery to the mobile communication device, according to the identifier ([0036]).
Regarding Claim 18, Vazirani discloses the electronic message is a personalized message prepared according to one or more of the sensor data and the one or more characteristics of the individual ([0036] may send audible messages via the cellular communication link such as “you have been identified as an intruder,” “you have no authorization for accessing the premises,” “we have intercepted information uniquely identifying your phone but do not recognize your phone, please identify yourself!,” “you are under surveillance, do not proceed into premises,”).
Regarding Claim 19, Vazirani discloses the message is prepared to provide a deterrent effect to motivate the individual to leave the site ([0037] monitoring system 305 may trigger an alarm and/or provide an intruder alert notification, such as playing an audible alarm, sending or generating an alarm message, turning on/off the lights 350, turning on the video camera 310, etc.).
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.
Claims 4 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Vazirani (US 20190035242 A1) in view of KHERANI et al. (Kherani; US 20180225947 A1).
Regarding Claims 4 and 20, Vazirani discloses a machine learning model that is trained according to actions of previously detected individuals The monitoring system 305 may be configured to learn the behavior and activities of the users and/or devices of the monitoring system 305 and or other residents of the premises 300, such as children and pets, in order to adjust alarm settings or modes and to determine when an alarm should be triggered. The monitoring system 305 may be configured to learn by software stored, for example, on the RAM 203 or other appropriate memory or storage device in the computer device 200. The learning process may include, for example, monitoring the activities of users of the monitoring system 305 and other individuals within or near the premises 300 based on the date, time of day, any calendar entries, etc.; [0037] monitoring changes in the location of the device 375, determining movement patterns of the device 375 and comparing the movement patterns of the device 375 to predefined movement patterns, the monitoring system 305 may determine that the audible alarm failed to deter the intrude.), but does not specify learning reactions of previously detected individuals to different messages.
In the same field of endeavor, Kherani discloses methods for non-invasive monitoring of a subject by capturing an image of an environment of the monitored subject by identifying a region of interest on receiving the image of the environment wherein the at least one region of interest includes the subject. The method includes generating at least one alert indication to at least one user based on the subject.
Kherani discloses learning reactions of previously detected individuals to different messages ([0036] learning unit 210 can be configured to gather the feedback/reaction of the user to the alert and update the learned features).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Vazirani with Kherani using learned reactions to warnings in order to improve alerts by producing effectual warnings that bring desired results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hutz (US 20160189510 A1) discloses a method for tracking intruders of a monitored property by the unique identifying characteristics or “digital fingerprints” of electronic devices carried by the intruders. A system detects an alarm event at a monitored property based on output from at least one sensor located at the monitored property. In response to detecting the alarm event at the monitored property, the system initiates a process to gather electronic identifiers for mobile electronic devices located within the monitored property at a time corresponding to the detected alarm event. The system determines electronic identifiers for the mobile electronic devices located within the monitored property at a time corresponding to the detected alarm event. The system stores in electronic storage, information indicating the determined electronic identifiers for the mobile electronic devices located within the monitored property at a time corresponding to the detected alarm event
b. Kumbhar et al. (US 20120092158 A1) discloses a method for identifying wireless devices within a security system, by monitoring a secured area for an intruder, the security system detecting an intrusion of the secured area, the security system detecting a mobile device within the secured area, the security system retrieving an identifier of the intruder from the mobile device and the security device saving the identifier along with a record of the intrusion.
c. Hussain (US 20250046165 A1) discloses a method of performing functions including, person detection, facial recognition, motion detection. The functions are detected through a camera of the doorbell and, subsequently, AI-based alerts are generated.
d. Albouyeh et al. (US 9693181 B1) discloses a surveillance detection apparatus for detecting an intruder to a restricted space that sends an intrusion signal in response to a short range radio transceiver receiving a short range radio signal from a communication device that is in the possession of an intruder, who is not pre-authorized to be within the a restricted space and generates an intruder alert.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689