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 § 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, 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.
Claim(s) 1-3, 6-7, 14-17, 19 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Irmscher et al. (US 2010/0188222) in view of DiMartino et al. (Patent No. 8,018,334).
Claim 1, Irmscher teaches a security system (abstract) comprising:
a mobile device located in a display area of a retail store (par. 86: displaying merchandise item being a cellular phone), the mobile device comprising:
a housing (Fig. 1, cellular telephone as object 2 known to carry internal circuitry);
a memory storing computer-executable instructions (cellular telephone inherently has instructions);
a controller (cellular telephone inherently has controller);
wireless communications circuitry (par. 58: the object 2, which is to be protected, for instance, a sensor 3A is installed with a transmitter); and
an output device (par. 69: The third alarm may be generated at the merchandise item to provide a warning to a consumer),
each of the memory, the controller (cell phone 2 inherently include internal memory and controller), and the output device carried within the housing (par. 69: third alarm generated coming from circuitry within phone housing); and
a wireless device external to the mobile device and configured to wirelessly communicate with the wireless communications circuitry of the mobile device (par. 45: The proximity sensor 7A serves for the capture of the separating distance from the antenna 17 of the proximity sensor 7A between a person (not shown) and/or the object 2 to be protected itself and/or another sensor 3A placed on the object 2), and
wherein the computer-executable instructions are configured to cause the controller to perform one or more security functions based on the mobile device exceeding a predetermined threshold defined relative to the wireless device (par. 69: The consumer display system alarm logic may be configured to detect when one of the merchandise items is removed more than a fixed distance from the display area and to generate a third alarm. The third alarm may be generated at the merchandise item to provide a warning to a consumer that the merchandise item was moved too far from the display area) for longer than a predetermined time period (interpretation of time period T=0) and a communication failure between the mobile device and the wireless device (par. 45: The adjustment can also include arrangements for theft, designated by the removal of the object 2 by exceeding the predetermined removal distance, which include situation when the phone is taken away beyond communication distance of proximity sensor 7A and transmitter 3A).
Irmscher does not teach the wireless communications circuitry is carried within the housing.
In the field of endeavor, DiMartino teaches a portable electronic device 120 with the incorporation of transceiver functionality that communication with monitoring station 110 through the transceiver (Fig. 1, col. 5, ln 23-35).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Irmscher by integrating the transmitter 3A within the cellular phone 2 housing similar that of DiMartino transceiver integrated within the portable electronic device, since it has been held that integrating devices without producing any new and unexpected result involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Claim 2, the combination teaches wherein the output device comprises an audio output device and a visual output device (DiMartino col. 6, ln 1-4: This range feedback information may be presented as audio indications and/or vibration indications and/or visual indications on a display of the portable electronic devices 120, 122, 124).
Claim 3, the combination teaches wherein the mobile device is a cellular telephone (Irmscher par. 86).
Claim 6, the combination teaches the one or more security functions comprises activating the output device (Irmscher par. 69: The third alarm may be generated at the merchandise item to provide a warning to a consumer).
Claim 7, the combination teaches wherein the computer-executable instructions are configured to cause the controller to deactivate the output device based upon the mobile device subsequently being brought within the predetermined threshold (DiMartino col. 6, ln 4-9: In an embodiment, the presentation of range feedback information may increase in amplitude as the portable electronic devices 120, 122, 124 approach more closely to the tethering threshold or range threshold, for example a discrete audio beeping that increases in frequency as the tethering threshold or range threshold is approached).
Claim 8, the combination teaches wherein the one or more security functions comprises transmitting a signal using the wireless communications circuitry.
Claim 14, the combination teaches the predetermined threshold is a zone defined relative to the wireless device (DiMartino col. 4, ln 53-64: The monitoring application 112 comprises a signal characteristic determination functionality 115 which determines one or more signal characteristic of radio signals received from the portable electronic devices 120, 122, 124, for example a signal strength and/or a signal propagation delay. The monitoring application 112 also comprises signal characteristic comparison functionality 116 that may determine a ratio or change of a second radio signal characteristic compared to a first or an initial radio signal characteristic. The signal characteristic comparison functionality 116 compares the radio signals to determine when a tethering threshold has been exceeded).
Claim 15, the combination teaches wherein the predetermined threshold is a distance defined relative to the wireless device (DiMartino col. 4, ln 53-64: The monitoring application 112 comprises a signal characteristic determination functionality 115 which determines one or more signal characteristic of radio signals received from the portable electronic devices 120, 122, 124, for example a signal strength and/or a signal propagation delay. The monitoring application 112 also comprises signal characteristic comparison functionality 116 that may determine a ratio or change of a second radio signal characteristic compared to a first or an initial radio signal characteristic. The signal characteristic comparison functionality 116 compares the radio signals to determine when a tethering threshold has been exceeded).
Claim 16, Irmscher teaches a method comprising:
wirelessly communicating between a mobile device and a wireless device external to the mobile device (par. 45: The proximity sensor 7A serves for the capture of the separating distance from the antenna 17 of the proximity sensor 7A between a person (not shown) and/or the object 2 to be protected itself and/or another sensor 3A placed on the object 2),
the mobile device located in a display area of a retail store (par. 86: displaying merchandise item being a cellular phone),
the mobile device comprising a controller (cell phone 2 inherently include internal memory and controller), and an output device each carried within a housing (par. 69: third alarm generated coming from circuitry within phone housing); and
performing one or more security functions based on the mobile device exceeding a predetermined threshold defined relative to the wireless device for longer than a predetermined time period (par. 69: The consumer display system alarm logic may be configured to detect when one of the merchandise items is removed more than a fixed distance from the display area and to generate a third alarm. The third alarm may be generated at the merchandise item to provide a warning to a consumer that the merchandise item was moved too far from the display area, time period is interpreted as T=0).
Irmscher does not teach the wireless communications circuitry is carried within the housing.
In the field of endeavor, DiMartino teaches a portable electronic device 120 with the incorporation of transceiver functionality that communication with monitoring station 110 through the transceiver (Fig. 1, col. 5, ln 23-35).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Irmscher by integrating the transmitter 3A within the cellular phone 2 housing similar that of DiMartino transceiver integrated within the portable electronic device, since it has been held that integrating devices without producing any new and unexpected result involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Claim 17, the combination teaches wherein performing the one or more security functions comprises performing the one or more security functions based on a communication failure between the mobile device and the wireless device (Irmscher par. 45: The adjustment can also include arrangements for theft, designated by the removal of the object 2 by exceeding the predetermined removal distance, which include situation when the phone is taken away beyond communication distance of proximity sensor 7A and transmitter 3A).
Claim 19, the combination teaches wherein performing the one or more security functions comprises activating the output device (Irmscher par. 69: The third alarm may be generated at the merchandise item to provide a warning to a consumer).
Claim 22, the combination teaches the predetermined threshold is a zone defined relative to the wireless device (DiMartino col. 4, ln 53-64: The monitoring application 112 comprises a signal characteristic determination functionality 115 which determines one or more signal characteristic of radio signals received from the portable electronic devices 120, 122, 124, for example a signal strength and/or a signal propagation delay. The monitoring application 112 also comprises signal characteristic comparison functionality 116 that may determine a ratio or change of a second radio signal characteristic compared to a first or an initial radio signal characteristic. The signal characteristic comparison functionality 116 compares the radio signals to determine when a tethering threshold has been exceeded).
Claim 23, the combination teaches wherein the predetermined threshold is a distance defined relative to the wireless device (DiMartino col. 4, ln 53-64: The monitoring application 112 comprises a signal characteristic determination functionality 115 which determines one or more signal characteristic of radio signals received from the portable electronic devices 120, 122, 124, for example a signal strength and/or a signal propagation delay. The monitoring application 112 also comprises signal characteristic comparison functionality 116 that may determine a ratio or change of a second radio signal characteristic compared to a first or an initial radio signal characteristic. The signal characteristic comparison functionality 116 compares the radio signals to determine when a tethering threshold has been exceeded).
Allowable Subject Matter
Claims 4-5, 8-13, 18 and 2021 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An T Nguyen whose telephone number is (571)270-5167. The examiner can normally be reached Monday - Friday 9-5 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AN T NGUYEN/Primary Examiner, Art Unit 2686
Prosecution Insights