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 .
DETAILED ACTION
1. This communication is a first office action, non-final rejection on the merits. Claims 1-20, as originally filed, are currently pending and have been considered below.
Priority
2. Applicant's claim for domestic priority under 35 U.S.C. 119(e) is acknowledged. The application is filed on 12/31/2024 but claims the benefit of U.S. continuation application number 17/951705 filed on 09/23/2022 and U.S. provisional application number 63/249844 filed on 09/29/2021.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 03/06/2025 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Double Patenting
4. Claims 1, 5, 9, 11 and 13, 17 rejected on the ground of nonstatutory double patenting over claims 1, 5 and 9 of U.S. Patent No. 12211358 B2 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
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.
5. Claims 1, 5, 9, 11 and 13, 17 of the application (19/006905) as shown in the table are disclosed by claims 1, 5 and 9 of the patented application.
Claims of instant application 19/006905
Claims of U.S. Patent No. 2211358 B2
1. A control device in a premises security system, the control device configured to communicate with a premises device, the premises device comprising a radar sensor that is configured to transmit and receive radio frequency signals for sensing a plurality of hand gestures, the control device comprising: processing circuitry configured to: receive at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures detected through radio frequency-based sensing;
associate the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand;
perform at least one correlation of the plurality of hand gestures and at least one hand characteristic to at least one predetermined premises security system command; and perform at least one first action in the premises security system based on the at least one correlation.
5. The control device of claim 1, wherein the processing circuitry is further configured to: when the premises security system is armed, initiate a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm; the performing of the at least one correlation occurring before the timer expires; the at least one first action comprises adding additional time to the timer; and the expiration of the timer being configured to trigger the premises security system alarm.
9. A premises security system, comprising: a premises device in communication with a control device, the premises device comprising: a radar sensor configured to transmit and receive radio frequency signals to sense hand based motion; and
processing circuitry configured to: determine the hand based motion that is detected through radio frequency-based sensing is associated with a plurality of hand gestures; and transmit, to the control device, at least one signal indicative of the plurality of hand gestures that were detected through radio frequency-based sensing;
the control device including processing circuitry configured to: receive at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures that were detected through radio frequency-based sensing;
associate the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand;
perform at least one correlation of the plurality of hand gestures and the at least one hand characteristic to at least one predetermined premises security system command; and
perform at least one first action in the premises security system based on the at least one correlation.
11. The system of claim 9, wherein the processing circuitry of the control device is further configured to: when the premises security system is armed, initiate a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm; the performing of the at least one correlation occurring before the timer expires; the at least one first action comprises adding additional time to the timer; and the expiration of the timer being configured to trigger the premises security system alarm.
13. A method implemented by a control device in a premises security system, the control device configured to communicate with a premises device, the premises device comprising a radar sensor that is configured to transmit and receive radio frequency signals for sensing a plurality of hand gestures, the method comprising:
receiving at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures detected through radio frequency-based sensing;
associating the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand;
performing at least one correlation of the plurality of hand gestures and at least one hand characteristic to at least one predetermined premises security system command; and
performing at least one first action in the premises security system based on the at least one correlation.
17. The method of claim 13, further comprising: when the premises security system is armed, initiating a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm; the performing of the at least one correlation occurring before the timer expires; the at least one first action comprises adding additional time to the timer; and the expiration of the timer being configured to trigger the premises security system alarm.
1. A control device in a premises security system, the control device configured to communicate with a premises device that includes a radar sensor for sensing a plurality of hand gestures, the control device comprising:
processing circuitry configured to: when the premises security system is armed: initiate a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm; before the timer expires: receive at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures sensed within a predetermined time interval and in a predetermined sequence;
perform a first correlation of the predetermined sequence of the plurality of hand gestures to at least one predetermined premises security system command; and
perform at least one first action in the premises security system based on the first correlation associated with the at least one predetermined premises security system command, the at least one first action comprises adding additional time to the timer, the expiration of the timer being configured to trigger the premises security system alarm.
5. A premises security system, comprising: a premises device in communication with a control device, the premises device including: a radar sensor configured to sense hand based motion; and
processing circuitry configured to: determine whether the sensed hand based motion is associated with a plurality of hand gestures sensed within a predetermined time interval and in a predetermined sequence; and transmit at least one signal indicative of the plurality of hand gestures to the control device based on the determination that the hand based motion is associated with the plurality of hand gestures sensed within the predetermined time interval and in the predetermined sequence;
the control device including processing circuitry configured to: when the premises security system is armed: initiate a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm; before the timer expires: receive at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures;
perform a first correlation of the predetermined sequence of the plurality of hand gestures to at least one predetermined premises security system command; and
perform at least one first action in the premises security system based on the first correlation associated with the at least one predetermined premises security system command, the at least one first action comprises adding additional time to the timer, the expiration of the timer being configured to trigger the premises security system alarm.
9. A method implemented by a control device in a premises security system, the control device configured to communicate with a premises device that includes a radar sensor for sensing a plurality of hand gestures, the method comprising: when the premises security system is armed: initiating a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm; before the timer expires: receiving at least one signal from a premises device, the at least one signal being indicative of the plurality of hand gestures sensed within a predetermined time interval and in a predetermined sequence; performing a first correlation of the predetermined sequence of the plurality of hand gestures to at least one predetermined premises security system command; and
performing at least one first action in the premises security system based on the first correlation associated with the at least one predetermined premises security system command,
the at least one first action comprises adding additional time to the timer, the expiration of the timer being configured to trigger the premises security system alarm.
Claim Rejections - 35 USC § 103
6. 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.
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.
5. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
6. Claims 1-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Burke (US 20190171178 A1) (hereinafter Burke) in view of BUNKER (US 20240296221 A1) (hereinafter BUNKER) and further in view of Toner (US 20230171563 A1) (hereinafter Toner).
Regarding claim 1, Burke discloses a control device in a premises security system (para 02, monitoring and control systems, and in particular to a monitoring and control system for a home, building or campus), the control device configured to communicate with a premises device (para 104, environmental sensing devices measure current states in a geo-fenced area and communicate change of state to a central monitoring and control system),
the premises device comprising a radar sensor that is configured to transmit and receive radio frequency signals for sensing a plurality of hand gestures (para 30-39, occupancy sensor detect sudden presence of objects, ultrasonic sensors, radar which measure and analyze physical or behavioral characteristics, such as facial, gestures to indicate condition in premises, para 89-90, radio connection with monitoring and control system, or communication device reports entering geofence in designated area, detect presence through detection of interaction of individuals with radio frequency (RF) signals and authentication through biometric, verbal, pattern recognition (pin, gesture recognition, swipe pattern), etc., para 92, processor transmit an emergency message to request emergency response based on a particular user gesture, para 96, FIGS. 1B and 4, receives input in the form of geofencing or geolocation information transmitted from communication devices 465),
the control device comprising: processing circuitry configured to: receive at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures detected through radio frequency-based sensing (para 74, user authenticated by a pin, fingerprint biometrics, facial or gestures recognition detection, para 92, gesture recognition system can be touch-based or visual (camera)-based (i.e. as sensor), processor transmit an emergency message to request emergency response based on a particular user gesture, system with processor and memory which contains algorithm of user gestures to indicate various command signals, unique gestures used to authenticate specific individuals (i.e., indicative of gestures detected), para 94, context of gesture recognition, threshold level defined by the speed in which a designated user's hands are raised/lowered (i.e. specific hand gestures for detection), para 90, presence of individuals detection with radio frequency (RF) signals, authentication through various means including biometric recognition, pattern recognition (gestures recognition, swipe pattern), etc.).
Burke specifically fails to disclose associate the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand;
perform at least one correlation of the plurality of hand gestures and at least one hand characteristic to at least one predetermined premises security system command; and
perform at least one first action in the premises security system based on the at least one correlation.
In analogous art, BUNKER discloses associate the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand (para 143, multiple touch-point and gesture inputs recognized by user interface 310, where individual use hand to touch user interface 310 at two touch-points, when multiple touch-points and gestures are detected (i.e. determining gesture), recognize gesture, identify an action associated with gesture, and perform action (i.e. determining based on hand gesture), para 08, system determine that the one or more characteristics correspond to the event, para 32, determining the one or more characteristics include operations, features, means, or instructions for determining that received set of inputs);
perform at least one correlation of the plurality of hand gestures and at least one hand characteristic to at least one predetermined premises security system command (para 268, predict an event based on a correlation between one or more characteristic and the event, para 143, Gestures combined with multiple touch-points and gesture inputs recognized upon move fingers in a predetermined manner and when touch-points and gestures are detected, identify an action associated with gesture, and perform the action); and
perform at least one first action in the premises security system based on the at least one correlation (para 258, predict an event based at least a correlation between characteristics and event, and perform one or more security and automation actions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke to use systems system to determine one or more characteristics of a person proximate the security and automation system based at least in part on the received set of inputs as taught by BUNKER for smart sensing system which facilitates monitoring, predicting, and automatic autonomous functions performed by the security and automation system to handle resources of the smart home [BUNKER, para 06].
Even though Burke and BUNKER disclose gestures detected through radio frequency-based sensing [90 of Burke],
Toner more specifically discloses] wireless sensing applications include detecting motion, which can include one or more of the following: detecting motion of objects in the space, motion tracking, localization of motion in a space, breathing detection, presence detection, gesture detection, gesture recognition [021].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke and BUNKER to use systems for indication of whether there is an object present; or an indication or classification of a gesture performed in the environment accessed by the wireless signals as taught by Toner to use wireless sensing system as a motion detection system to detect the existence and location of motion based on wireless signals for smart sensing system which facilitates monitoring, predicting, and automatic autonomous functions performed by the security and automation system to handle resources of the smart home [Toner, para 21].
Regarding claim 2, Burke fails to discloses the control device of claim 1, wherein the at least one hand characteristic comprises a length of one or more fingers of the first user that is associated with the plurality of hand gestures.
In analogous art, BUNKER discloses the control device of claim 1, wherein the at least one hand characteristic comprises a length of one or more fingers of the first user that is associated with the plurality of hand gestures (para 143, Gestures include a touch of the user interface 310 (e.g., a touch-point), optionally accompanied by a corresponding movement of the fingers, stylus or other element).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke to use systems can enable the electronic device to recognize both the gestures and two-dimensional (2D) touch inputs as taught by BUNKER to use multiple touch-points and gestures are detected, smartphone recognize the Gestures, identify an action associated with gestures, and perform the action to ignore or respond to the notification message. [BUNKER, para 143].
Regarding claim 3, Burke discloses the control device of claim 1, wherein the at least one hand characteristic comprises a height of a hand of the first user that is associated with the plurality of hand gestures (para 94, context of gesture recognition, the threshold level may be defined by the speed in which a designated user's hands are raised/lowered in the air or the length of time they remain raised).
Regarding claim 4, Burke discloses the control device of claim 1, wherein the processing circuitry is further configured to determine the at least one hand characteristic based on the at least one signal received from the premises device (para 39, Biometric sensors measure and analyze physical or behavioral characteristics, such as gestures which indicate condition received from device).
Regarding claim 5, Burke discloses the control device of claim 1, wherein the processing circuitry is further configured to: when the premises security system is armed, initiate a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm (para 75, confidence level 210 entered after a set time interval has elapsed, para 224, threshold of the time (e.g., 95%) set the value of the time to wait parameter to an interval of time between now and average triggering motion event) ; the performing of the at least one correlation occurring before the timer expires; the at least one first action comprises adding additional time to the timer; and the expiration of the timer being configured to trigger the premises security system alarm (para 174-175, If unanswered after additional 20 timeout period, send a notification to monitoring and control system that unidentified individual has entered the designated area, para 216, monitoring and control system delay transitioning to a new occupancy state confidence level for a period of time in order to gain confidence regarding occupant's actions).
Regarding claim 6, Burke discloses the control device of claim 5, wherein the additional time is added to the timer in the premises security system for performing at least one second action (para 235, a first event (E1) have associated with it or be responded to with possible actions A1, A2, A4, and A6, whatever those actions are, whereas a second event (E2) may have associated with it possible actions A1, A3, A4 and A5, para 232, one or more of a plurality of actions to take in response to one or more events taking place over a period of time).
Regarding claim 7, Burke discloses the control device of claim 6, wherein the at least one second action includes one of disarming the premises security system or transmitting instructions to the premises device to disarm the premises security system (para 03, system needs to be manually “disarmed” by a user to deactivate the system to prevent a false alarm upon return, When armed, the system blindly sends an alarm if a sensor is triggered without disarming within a prerequisite time).
Regarding claim 8, Burke discloses the control device of claim 1, wherein the processing circuitry is further configured to perform a second correlation of at least one of a verbal security password, a speaker voice recognition, a presence of a user's phone near the control device (para 75, user may be authenticated by a pin, fingerprint biometrics, facial or gesture recognition detection, authenticated user, for example, via a mobile app), a presence of a registered wearable near the control device, a camera viewing a registered home occupant inside the premises, and biometrics, to the at least one predetermined premises security system command (para 85, user may be authenticated by a pin, fingerprint biometrics, facial or gesture recognition detection, para 90, authentication through various means through direct system components (e.g., security panels) or known peripheral devices (e.g., smart mobile devices), including such means as: biometric recognition (finger print, facial, retinal, etc.), verbal recognition (voice matching or phrase matching), pattern recognition (pin, gesture recognition, swipe pattern), etc.); and the at least one first action in the premises security system being based on the second correlation associated with the at least one predetermined premises security system command (para 93, detect gestures commands, first detect human figures within a recorded image. If there are no human figures detected, a video camera continues to process frames of recorded video, para 246, transmit a message from a user interface 430 or via his mobile communication device 465 to the system (for example, providing voice commands as input to a panel device).
Regarding claim 9, Burke discloses a premises security system (para 02, monitoring and control systems, and in particular to a monitoring and control system for a home, building or campus), comprising:
a premises device in communication with a control device, the premises device (para 104, environmental sensing devices measure current states in a geo-fenced area and communicate any change of state to a central monitoring and control system) comprising:
a radar sensor configured to transmit and receive radio frequency signals to sense hand based motion (para 30-39, occupancy sensor detect sudden presence of objects (such as humans), Ultrasonic sensors, radar which measure and analyze physical or behavioral characteristics, such as facial, gestures to indicate condition in premises, para 89-90, radio connection with the monitoring and control system, or communication device reports entering geofence in designated area, detect presence through detection of interaction of individuals with radio frequency (RF) signals and authentication through biometric, verbal, pattern recognition (pin, gesture recognition, swipe pattern), etc., para 164, transmit message to authorized user upon detection of the user entering, para 92, transmit an emergency message to request emergency response based on a particular user gesture (i.e., sensed hand based motion), para 94, gesture detect by the speed of user's hands are raised/lowered, para 96, FIGS. 1B and 4, receives input in the form of geofencing or geolocation information transmitted from communication devices 465); and
processing circuitry configured to: determine the hand based motion that is detected through radio frequency-based sensing is associated with a plurality of hand gestures (para 74, user authenticated by a pin, fingerprint biometrics, facial or gestures recognition detection, para 92, gesture recognition system can be touch-based or visual (camera)-based (i.e. as sensor), processor transmit an emergency message to request emergency response based on a particular user gesture, system with processor and memory which contains algorithm of user gestures to indicate various command signals, unique gestures used to authenticate specific individuals (i.e., indicative of gestures detected), para 94, context of gesture recognition, threshold level defined by the speed in which a designated user's hands are raised/lowered (i.e. specific hand gestures for detection), para 90, presence of individuals detection with radio frequency (RF) signals, authentication through various means including biometric recognition, pattern recognition (gestures recognition, swipe pattern), etc.); and
transmit, to the control device, at least one signal indicative of the plurality of hand gestures that were detected through radio frequency-based sensing (para 92, processor transmit an emergency message to request emergency response based on a particular user gesture, para 246, transmit a message from a user interface 430 or via his mobile communication device 465 to the system (providing voice commands as input to a panel device, para 92, processor transmit an emergency message to request emergency response based on a particular user gesture, para 96, FIGS. 1B and 4, receives input in the form of geofencing or geolocation information transmitted from communication devices 465);
the control device including processing circuitry configured to: receive at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures that were detected through radio frequency-based sensing (para 92, gesture recognition system can be touch-based or visual (camera)-based, and system with processor and memory which contains a pre-programmed algorithm of user gestures to indicate various command signals, para 94, context of gesture recognition, threshold level defined by speed in which a designated user's hands are raised/lowered, para 90, presence of individuals detection in a building with radio frequency (RF) signals, authentication through various means including biometric recognition, pattern recognition ( gesture recognition, swipe pattern), etc, para 92, processor transmit an emergency message to request emergency response based on a particular user gesture, para 96, FIGS. 1B and 4, receives input in the form of geofencing or geolocation information transmitted from mobile communication devices 465).
Burke specifically fails to disclose associate the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand;
perform at least one correlation of the plurality of hand gestures and the at least one hand characteristic to at least one predetermined premises security system command; and
perform at least one first action in the premises security system based on the at least one correlation.
In analogous art, BUNKER discloses associate the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand (para 143, multiple touch-point and gesture inputs recognized by user interface 310, where individual use hand to touch user interface 310 at two touch-points, when multiple touch-points and gestures are detected (i.e. determining gesture), recognize gesture, identify an action associated with gesture, and perform action (i.e. determining based on hand gesture), para 08, system determine that the one or more characteristics correspond to the event, para 32, determining the one or more characteristics include operations, features, means, or instructions for determining that received set of inputs);
perform at least one correlation of the plurality of hand gestures and the at least one hand characteristic to at least one predetermined premises security system command (para 268, predict an event based on a correlation between one or more characteristic and event, para 143, Gestures combined with multiple touch-points and gesture inputs recognized upon move fingers in a predetermined manner and when touch-points and gestures are detected, identify an action associated with gesture, and perform the action); and
perform at least one first action in the premises security system based on the at least one correlation (para 258, predict an event based at least a correlation between characteristics and event, and perform one or more security and automation actions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke to use systems system to determine one or more characteristics of a person proximate the security and automation system based at least in part on the received set of inputs as taught by BUNKER for smart sensing system which facilitates monitoring, predicting, and automatic autonomous functions performed by the security and automation system to handle resources of the smart home [BUNKER, para 06].
Even though Burke and BUNKER disclose gestures detected through radio frequency-based sensing [90 of Burke],
Toner more specifically discloses] wireless sensing applications include detecting motion, which can include one or more of the following: detecting motion of objects in the space, motion tracking, localization of motion in a space, breathing detection, presence detection, gesture detection, gesture recognition [021].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke and BUNKER to use systems for indication of whether there is an object present; or an indication or classification of a gesture performed in the environment accessed by the wireless signals as taught by Toner to use wireless sensing system as a motion detection system to detect the existence and location of motion based on Wi-Fi signals or other types of wireless signals for smart sensing system which facilitates monitoring, predicting, and automatic autonomous functions performed by the security and automation system to handle resources of the smart home [Toner, para 21].
Regarding claim 10, Burke discloses the system of claim 9, wherein the processing circuitry of the control device is further configured to determine the at least one hand characteristic based on the at least one signal received from the premises device (para 94, context of gesture recognition, the threshold level may be defined by the speed in which a designated user's hands are raised/lowered in the air or the length of time they remain raised).
In analogous art, BUNKER discloses the at least one hand characteristic comprises one or more both of: a length of one or more fingers of the first user that is associated with the plurality of hand gestures; and a height of a hand of the first user that is associated with the plurality of hand gestures (para 143, Gestures include a touch of the user interface 310 (e.g., a touch-point), optionally accompanied by a corresponding movement of the fingers, stylus or other element).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke to use systems can enable the electronic device to recognize both the gestures and two-dimensional (2D) touch inputs as taught by BUNKER to use multiple touch-points and gestures are detected, smartphone recognize the Gestures, identify an action associated with gestures, and perform the action to ignore or respond to the notification message. [BUNKER, para 143].
Regarding claim 11, Burke discloses the system of claim 9, wherein the processing circuitry of the control device is further configured to: when the premises security system is armed, initiate a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm (para 235, a first event (E1) associated with it or be responded to with actions A1, A2, A4, and A6, whatever actions are, whereas second event (E2) associated with actions A1, A3, A4 and A5, para 232, plurality of actions to take in response to one or more events taking place over a period of time);
the performing of the at least one correlation occurring before the timer expires; the at least one first action comprises adding additional time to the timer; and the expiration of the timer being configured to trigger the premises security system alarm (para 03, system disarmed by a user to deactivate system to prevent a false alarm upon return, When armed, the system blindly sends an alarm if a sensor is triggered without disarming within a prerequisite time, para 215, occupancy state transition sensitivity level is associated with a schedule or period of time to delay or wait before transitioning to the selected confidence level regarding occupancy state of the designated area, para 223, behaviors can be calculated to increase or otherwise adjust the value of the time to wait parameter, value of the time to wait parameter to an interval of time between now and the average triggering motion event).
Regarding claim 12, Burke discloses the system of claim 9, wherein the at least one correlation further comprises performing at least one of a verbal security password, a speaker voice recognition, a presence of a user's phone near the control device, a presence of a registered wearable near the control device, a camera viewing a registered home occupant inside the premises, and biometrics (para 85, user may be authenticated by pin, fingerprint biometrics, facial or gesture recognition detection, para 90, authentication through various means through direct system components (e.g., security panels) or known peripheral devices (e.g., smart mobile devices), including such means as: biometric recognition (finger print, facial, retinal, etc.), verbal recognition (voice matching or phrase matching), pattern recognition (pin, gesture recognition, swipe pattern), etc., para 93, detect gestures commands, first detect human figures within recorded image. If there are no human figures detected, video camera continues to process frames of recorded video).
Regarding claim 13, Burke discloses a method implemented by a control device in a premises security system (para 02, monitoring and control systems, and in particular to a monitoring and control system for a home, building or campus),
the control device configured to communicate with a premises device (para 104, environmental sensing devices measure current states in a geo-fenced area and communicate any change of state to a central monitoring and control system),
the premises device comprising a radar sensor that is configured to transmit and receive radio frequency signals for sensing a plurality of hand gestures (para 30-39, occupancy sensor detect sudden presence of objects (such as humans), Ultrasonic sensors, radar which measure and analyze physical or behavioral characteristics, such as facial, gestures to indicate condition in premises, para 89-90, radio connection with monitoring and control system, or communication device reports entering geofence in designated area, detect presence through detection of interaction of individuals with radio frequency (RF) signals and authentication through biometric, verbal, pattern recognition (pin, gesture recognition, swipe pattern), etc., para 96, FIGS. 1B and 4, receives input in the form of geolocation information transmitted from communication devices 465),
the method comprising: receiving at least one signal from the premises device, the at least one signal being indicative of the plurality of hand gestures detected through radio frequency-based sensing (para 92, gesture recognition system can be touch-based or visual (camera)-based, and system is configured with processor and memory which contains a pre-programmed algorithm of user gestures to indicate various command signals, para 94, context of gesture recognition, threshold level defined by speed in which a designated user's hands are raised/lowered (i.e., hand gestures), para 90, detect presence of individuals detection in a building with radio frequency (RF) signals, para 92, processor transmit an emergency message to request emergency response based on user gesture, para 96, FIGS. 1B and 4, receives input in the form of geolocation information transmitted from communication devices 465).
Burke specifically fails to disclose associating the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand;
performing at least one correlation of the plurality of hand gestures and at least one hand characteristic to at least one predetermined premises security system command; and
performing at least one first action in the premises security system based on the at least one correlation.
In analogous art, BUNKER discloses associating the plurality of hand gestures with a first user based on at least one hand characteristic of the first user's hand (para 143, multiple touch-point and gesture inputs recognized by user interface 310, where individual use hand to touch user interface 310 at two touch-points, when multiple touch-points and gestures are detected, recognize gesture, identify an action associated with gesture, and perform action);
performing at least one correlation of the plurality of hand gestures and at least one hand characteristic to at least one predetermined premises security system command (para 163, control panel 135 perform processing on the sensor data to determine or identify who or what is associated with the detected movement, para 268, predict an event based on a correlation between the one or more characteristic and the event, para 143, Gestures combined with multiple touch-points and gesture inputs recognized upon move fingers in a predetermined manner and when touch-points and gestures are detected, identify an action associated with gesture, and perform the action); and
performing at least one first action in the premises security system based on the at least one correlation (para 258, predict an event based at least a correlation between characteristics and event, and perform one or more security and automation actions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke to use systems system to determine one or more characteristics of a person proximate the security and automation system based at least in part on the received set of inputs as taught by BUNKER for smart sensing system which facilitates monitoring, predicting, and automatic autonomous functions performed by security and automation system to handle resources of the smart home [BUNKER, para 06].
Regarding claim 14, Burke fails to discloses the method of claim 13, wherein the at least one hand characteristic comprises a length of one or more fingers of the first user that is associated with the plurality of hand gestures.
In analogous art, BUNKER discloses the method of claim 13, wherein the at least one hand characteristic comprises a length of one or more fingers of the first user that is associated with the plurality of hand gestures (para 143, Gestures include a touch of the user interface 310 (e.g., a touch-point), optionally accompanied by a corresponding movement of the fingers, stylus or other element).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of monitoring and control system for a home, building or campus environment that is continuously engaged and turned on or turned off by a user as the user enters or exits the premises disclosed by Burke to use systems can enable the electronic device to recognize both the gestures and two-dimensional (2D) touch inputs as taught by BUNKER to use multiple touch-points and gestures are detected, smartphone recognize the Gestures, identify an action associated with gestures, and perform the action to ignore or respond to the notification message. [BUNKER, para 143].
Regarding claim 15, Burke discloses the method of claim 13, wherein the at least one hand characteristic comprises a height of a hand of the first user that is associated with the plurality of hand gestures (para 94, context of gesture recognition, the threshold level may be defined by the speed in which a designated user's hands are raised/lowered in the air or the length of time they remain raised).
Regarding claim 16, Burke discloses the method of claim 13, further comprising determining the at least one hand characteristic based on the at least one signal received from the premises device (para 39, Biometric sensors measure and analyze physical or behavioral characteristics, such as gestures which indicate condition received from device).
Regarding claim 17, Burke discloses the method of claim 13, further comprising: when the premises security system is armed, initiating a timer in the premises security system for a user to disarm a premises security system before the control device triggers a premises security system alarm para 75, confidence level 210 entered after a set time interval has elapsed, para 224, threshold of time (e.g., 95%) then set value of time to wait parameter to interval of time between now and average triggering motion event);
the performing of the at least one correlation occurring before the timer expires; the at least one first action comprises adding additional time to the timer; and the expiration of the timer being configured to trigger the premises security system alarm (para 174-175, If unanswered after additional 20 timeout period, send a notification to monitoring and control system that unidentified individual has entered designated area, para 216, monitoring and control system delay transitioning to new occupancy state confidence level for period of time in order to gain confidence for occupant's actions).
Regarding claim 18, Burke discloses the method of claim 17, wherein the additional time is added to the timer in the premises security system for performing at least one second action (para 235, first event (E1) associated with it or be responded to actions A1, A2, A4, and A6, whatever those actions are, whereas a second event (E2) associated with actions A1, A3, A4 and A5, para 232, one or more of a plurality of actions to take in response to one or more events taking place over a period of time).
Regarding claim 19, Burke discloses the method of claim 18, wherein the at least one second action includes one of disarming the premises security system or transmitting instructions to the premises device to disarm the premises security system (para 03, system needs disarmed by a user to deactivate system to prevent a false alarm upon return, when armed, system blindly sends an alarm if a sensor is triggered without disarming within a prerequisite time).
Regarding claim 20, Burke discloses the method of claim 13, further comprising performing a second correlation of at least one of a verbal security password, a speaker voice recognition, a presence of a user's phone near the control device para 75, user authenticated by pin, fingerprint biometrics, facial or gesture recognition detection, authenticated user, via a mobile app),
a presence of a registered wearable near the control device, a camera viewing a registered home occupant inside the premises, and biometrics, to the at least one predetermined premises security system command (para 85, user authenticated by a pin, fingerprint biometrics, facial or gesture recognition detection, para 90, authentication through various means through direct system components (e.g., security panels) or known peripheral devices (e.g., smart mobile devices), including biometric recognition (finger print, facial, retinal, etc.), verbal recognition (voice or phrase matching), pattern recognition (pin, gesture recognition, swipe pattern), etc.); and
the at least one first action in the premises security system being based on the second correlation associated with the at least one predetermined premises security system command (para 93, detect gestures commands, first detect human figures within a recorded image. If there are no human figures detected, a video camera continues to process frames of recorded video, para 246, transmit a message from a user interface 430 or via his mobile communication device 465 to the system (for example, providing voice commands as input to a panel device).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for Published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRZA F ALAM/Primary Examiner, Art Unit 2688