DETAILED ACTION
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 .
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.
In addressing the rejection ground, each claim may not have been separately discussed to the extent the claimed features are the same as or similar to the previously-discussed features; the previous discussion is construed to apply for the other claims in the same or similar way.
In the office action, “/” should be read as and/or as generally understood. For example, “A/B” means A and B, or A or B.
Election/Restrictions
Applicant’s election without traverse of electing: Species I (claim 4) from the first group, Species I (claim 8) from the second group, Species I (claim 15) from the third group, and Species III (claim 19) from the fourth group in the reply filed on 05/04/2026 is acknowledged.
Claims 5-6, 9 and 16-18 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/04/2026.
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 1-4, 7-8, 10-15 and 19-20 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “determining the first body position transition is indicative of an unsafe transition”, which renders the claim indefinite. The specification does not clearly define the term “an unsafe transition”. It’s unclear what can be considered as “an unsafe transition”. Each individual may have different opinions on what can be considered as unsafe transition.
In addition, claim 1 recites the limitation "the first body position transition" in line 7 and the limitation "the body position transition" in line 11. There is insufficient antecedent basis for each of these limitations in the claim.
Claims 2-4, 7-8, 10-15 and 19-20 are rejected based on the dependency from claim 1.
Claim 10 recites “determining the second body position transition is indicative of a safe transition”, which renders the claim indefinite. The specification does not clearly define the term “a safe transition”. It’s unclear what can be considered as “a safe transition”.
Claims 11-12 are rejected based on the dependency from claim 10.
Similarly, claim 20 has the same issues as discussed in claim 1.
Further clarification is required.
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 1-2, 4, 7-8, 10, 12-15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coffey et al. (US 2023/0000396) in view of Fadell et al. (US 9,552,718).
Regarding claim 1 (as best understood), Coffey discloses a method of modifying a living environment to assist in fall prevention [see at least abstract, figs. 1-4] comprising: detecting a first illumination level [e.g. low light level, see at least para. 0123] within the living environment; determining the first illumination level is below an illumination threshold; detecting a first body transition based on comparing a first detected body position to a second detected body position [see at least paras. 0051, 0053, 0098]; determining the first body position transition is indicative of an unsafe transition [e.g. when going to fall in real-time; see at least paras. 0051, 0053, 0098]; and increasing an illumination level [see at least para. 0123] within the living environment to a second illumination level [e.g. higher light level; well lit. see at least para. 0123] that is greater than the first illumination level based on the determining the first illumination level and the determining the body position transition.
Coffey does not explicitly disclose detecting a illumination level; determining an illumination level is below an illumination threshold. However, it’s well-known to detecting a illumination level; determining an illumination level is below an illumination threshold. For example, Fadell discloses detecting an illumination level within the living environment [see at least abstract; Col. 1, line 56 - Col. 2, line 14]; determining an illumination level is below an illumination threshold [see at least Col. 7, lines 36-48; Col. 7 line 58-col.8 line 16].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Coffey in accordance with the teaching of Fadell regarding an illumination level in order to preset the illumination levels.
Regarding claim 2 (as best understood), the combination discussed above discloses the method of claim 1, wherein the increasing the illumination level comprises a gradual increase over a preset time [this light control method is within the capability of ordinary skill in the art, see claims 5, 18 Fadell].
Regarding claim 4 (as best understood), the combination discussed above discloses the method of claim 2, wherein the gradual increase is a linear increase [notorious well-known, for example Col. 16 lines 1-11 Fadell].
Regarding claim 7 (as best understood), the combination discussed above discloses the method of claim 1, wherein increasing the illumination level comprises increasing illumination in a subset of lights [see at least figs. 7, 15 Fadell] in the living environment.
Regarding claim 8 (as best understood), the combination discussed above discloses the method of claim 7, wherein the subset of lights is selected based on location of the detected first body transition [e.g. choose the lights near the person having body transition, not on another room].
Regarding claim 10 (as best understood), the combination discussed above discloses the method of claim 1 further comprising: detecting a second body transition based on comparing a third detected body position to a fourth detected body position [continue detecting].
Regarding claim 12 (as best understood), the combination discussed above discloses the color method of claim 10 further comprising: determining the second body position transition is indicative of an unsafe transition and increasing an illumination level within the living environment to a third illumination level that is greater than the second illumination level [similar to rejection of claim 1].
Regarding claim 13 (as best understood), the combination discussed above discloses the method of claim 1 further comprising: determining if a subject is a person to be monitored [see at least paras. 0024, 0028 Coffey] based on data associated with the detecting.
Regarding claim 14 (as best understood), the combination discussed above discloses the method of claim 1 further comprising: changing an illumination color [e.g. alert, see at least fig. 13 Fadell] within the living environment based on the determining the first illumination level and the determining the body position transition.
Regarding claim 15 (as best understood), the combination discussed above discloses the method of claim 1, wherein the first detected body position is laying down or sitting [see at least para. 0034, Coffey].
Regarding claim 19 (as best understood), the combination discussed above discloses the method of claim 1, wherein the second detected body position is standing [see at least para. 0034, Coffey].
Regarding claim 20 (as best understood), the combination discussed above discloses a system for modifying a living environment to assist in fall prevention comprising: a sensor [see at least abstract, Fadell], a camera [see at least 259/260 fig. 1, paras. 0033-0035, 0044-0045, Coffey; Col. 9 lines 33-62, Fadell] and a light [e.g. 222 Coffey] communicatively coupled to a controller [e.g. 110/350 fig. 1 Coffey] configured to: receive a first signal from the sensor of a first illumination level within the living environment; determine the first illumination level is below an illumination threshold; receive a second signal from the cameral of a first body transition based on comparing a first detected body position to a second detected body position; determine the first body position transition is indicative of an unsafe transition; and increase an illumination level of the light within the living environment to a second illumination level that is greater than the first illumination level based on the determining the first illumination level and the determining the body position transition. Please see the rejection of claim 1.
Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coffey et al. (US 2023/0000396) in view of Fadell et al. (US 9,552,718) and Fang (CN 105302304).
Regarding claim 3 (as best understood), the combination discussed above discloses the method of claim 2. The combination does not disclose to increase illumination level between wake up and standing and moving. However, Fang discloses to increase illumination level between different body position transition: wake up, standing, standing and moving, squatting or sitting [see at least paras. 0010-0013; obtaining heart rate data collected by the heart rate sensor of the intelligent watch, judging the user is already awake.
Further, if the user, opening the intelligent watch lighting device, the illumination of the illumination devices are arranged after the first predetermined luminance value, further comprising:
obtaining the motion data collected by the acceleration sensor, judging the user is standing and moving gradually increases the brightness of the illumination device until a second predetermined luminance value.
Further, the act of obtaining the acceleration sensor to collect data, judging the user is standing and moving gradually increases the brightness of the illumination device until after the second predetermined luminance value.
obtaining the motion data collected by the acceleration sensor and judging the user squatting or sitting, the brightness of the illumination device is adjusted to a third predetermined brightness value.
Further, the act of obtaining the acceleration sensor to collect data, judging the user squatting or sitting, the brightness of the lighting device after adjusting to a third predetermined brightness value], such that the combination discloses wherein the preset time is selected from a plurality of preset times, each of the plurality of preset times corresponding to a type of detected body position transition. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Coffey and Fadell in accordance with the teaching of Fang regarding an illumination level in order to improve illumination device control [abstract].
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coffey et al. (US 2023/0000396) in view of Fadell et al. (US 9,552,718) and Chemel et al. (US 2020/0267810).
Regarding claim 11 (as best understood), the combination discussed above discloses the method of claim 10 further comprising: determining the second body position transition is indicative of a safe transition and except decreasing an illumination level within the living environment to a third illumination level that is less than the second illumination level. However, Chemel discloses to decreasing an illumination level within the living environment [para. 0582]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Coffey and Fadell in accordance with the teaching of Chemel regarding an illumination level in order to response to an increase in the ambient light level [para. 0582].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK C CHEN whose telephone number is (571)270-7207. The examiner can normally be reached M-F Flexible 8:00-16:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Regis Betsch can be reached at (571)270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK C CHEN/Primary Examiner, Art Unit 2836
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