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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12244766. Although the claims at issue are not identical, they are not patentably distinct from each other because
For example claim 8 in the instant application and claim 8 in the patent both teaches { A combination outlet or light switch cover and communication system adapted for securement to an existing electrical box in place of a conventional light switch or outlet cover, comprising, a body member adapted for securement to an existing electrical box, the body member having an opening or passageway for accessing and using one or more existing light switches or outlets associated with the existing electrical box; and an electronic communication system at least partially housed within the body member, wherein when mounted to the existing electrical box the communication system is adapted to be electrically powered through connection with the existing wiring associated with electrical box, the electronic communication system including a button or lever that upon activation by a user through pressing the button or pulling the lever causes a system microcontroller of the electronic communication system to initiate communication with another communication system remotely located from a location where the body member is mounted to the existing electrical box; wherein the communication system includes an externally visible electronic display or screen adapted for displaying instructions, text, video or images for viewing by individuals located at or near to the location where the body member is mounted to the existing electrical box when the button or lever is activated by the user for an emergency situation}.
The patent is different from the instant application, the patent teaches { wherein the system microcontroller configured to automatically initiate or send lockdown commands or instructions upon activation of the button or lever by the user concerning lockdown of a room where the communication system is located, the building or facility where the communication system is located or an area associated with a location of the communication system), however, claim 17 in the instant application teaches this limitation.
Therefore, it would have been obvious to one with ordinary skill in the art to modify the instant application and combine claim 8 with claim 17 to obtain the patent.
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.
Claims 1-4, 8, 10-13 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Ebeling (US 20220408169).
Regarding claim 1, Ebeling teaches, a combination outlet (claim 1: An electrical receptacle cover assembly comprising: an electrical receptacle cover) or light switch cover (Paragraph 44: an electrical receptacle cover may be configured to obtain power from a light switch rather than an electrical receptacle That is, in place of external outlet apertures 326, electrical receptacle cover 300 ma have one or more light switch apertures and obtain power from a light switch receptacle) and communication system (claim 1: radio frequency (RE) circuitry that includes a RF transmitter and an RF receiver that cooperate to extend RF data communications between a first external RF device and a second external RF device) adapted for securement to an existing electrical box in place of a conventional light switch or outlet cover (Paragraph 42: electrical receptacle cover 300 is shown with a pair of external outlet apertures 326 so as to fit a standard double-gang electrical receptacle box,), comprising:
a body member (Fig. 2, el. 200, Paragraph 32: electrical receptacle) adapted for securement (Fig. 2, el. 207) to an existing electrical box (Fig. 2, el. 210, Paragraph 32: receptacle box210), the body member having an opening or passageway for accessing and using one or more existing light switches or outlets (fig. 2, el. 208 and Paragraph 32: outlet 208) associated with the existing electrical box (Fig. 2, el. 210); and an electronic communication system at least partially housed within the body member (Fig. 11, el. 1108, 1104, 1112, Fig. 12A, el. 1206, 1214, Fig. 22, el. 2200), wherein when mounted to the existing electrical box the communication system is adapted to be electrically powered through connection with the existing wiring associated with electrical box (Paragraph 38: the circuitry may also be operable to convert AC voltage to DC voltage ), the electronic communication system including a button or lever (Paragraph 55: the electrical receptacle cover 600 may include on/off switch) that upon activation by a user through pressing the button or pulling the lever causes a system microcontroller (Paragraph 56: internal processor) of the electronic communication system (Paragraph 56: intercom system) to initiate communication with another communication system remotely located from a location where the body member is mounted to the existing electrical box (Paragraph 56: This embodiment of the electrical receptacle cover 600 also includes a microphone 618 to receive audible input, such as to facilitate a telephone conversation or inter-home/office communication as traditionally accomplished by way of an intercom system).
Regarding claim 2, Ebeling teaches, wherein the communication system further comprising an AC to DC Power converter for converting AC power receiving from the existing wiring at the existing electrical box to DC power (Paragraph 38: the circuitry may also be operable to convert AC voltage to DC voltage (i e., provide a DC power supply).
Regarding claim 3, Ebeling teaches, wherein the communication system further comprising a battery backup for powering the communication system where there is a power outage affecting the availability of receiving AC power from the existing wiring at the existing electrical box (Paragraph 48: these components may be powered by one or more battery or capacitors (not shown) in the case that there is a power outage or short in the building containing the electrical receptacle cover).
Regarding claim 4, Ebeling teaches, wherein the communication system further including a microphone and speaker to permit verbal communication with the remotely located another communication system (Paragraph 30: microphone and Paragraph 31: speaker).
Regarding claim 8, Ebeling teaches, a combination outlet (claim 1: An electrical receptacle cover assembly comprising: an electrical receptacle cover) or light switch cover (Paragraph 44: an electrical receptacle cover may be configured to obtain power from a light switch rather than an electrical receptacle That is, in place of external outlet apertures 326, electrical receptacle cover 300 ma have one or more light switch apertures and obtain power from a light switch receptacle) and communication system (claim 1: radio frequency (RE) circuitry that includes a RF transmitter and an RF receiver that cooperate to extend RF data communications between a first external RF device and a second external RF device) adapted for securement to an existing electrical box in place of a conventional light switch or outlet cover (Paragraph 42: electrical receptacle cover 300 is shown with a pair of external outlet apertures 326 so as to fit a standard double-gang electrical receptacle box,), comprising:
a body member (Fig. 2, el. 200, Paragraph 32: electrical receptacle) adapted for securement (Fig. 2, el. 207) to an existing electrical box (Fig. 2, el. 210, Paragraph 32: receptacle box210), the body member having an opening or passageway for accessing and using one or more existing light switches or outlets (fig. 2, el. 208 and Paragraph 32: outlet 208) associated with the existing electrical box (Fig. 2, el. 210); and an electronic communication system at least partially housed within the body member (Fig. 11, el. 1108, 1104, 1112, Fig. 12A, el. 1206, 1214, Fig. 22, el. 2200), wherein when mounted to the existing electrical box the communication system is adapted to be electrically powered through connection with the existing wiring associated with electrical box (Paragraph 38: the circuitry may also be operable to convert AC voltage to DC voltage ), the electronic communication system including a button or lever (Paragraph 55: the electrical receptacle cover 600 may include on/off switch) that upon activation by a user through pressing the button or pulling the lever causes a system microcontroller (Paragraph 56: internal processor) of the electronic communication system (Paragraph 56: intercom system) to initiate communication with another communication system remotely located from a location where the body member is mounted to the existing electrical box (Paragraph 56: This embodiment of the electrical receptacle cover 600 also includes a microphone 618 to receive audible input, such as to facilitate a telephone conversation or inter-home/office communication as traditionally accomplished by way of an intercom system);
wherein the communication system includes an externally visible electronic display or screen adapted for displaying instructions, text, video or images for viewing by individuals located at or near to the location where the body member is mounted to the existing electrical box when the button or lever is activated by the user for an emergency situation (Paragraph 62: display, Paragraph 51: IG. 6 depicts forward facing electrical receptacle cover 600 which includes cover plate mounting, screw aperture 604, transmission tabs 606, internal speaker grille cover mounting apertures 608, speakers 610, visual indicator 612, internal magnetic component 614).
Regarding claim 10, Ebeling teaches, wherein the system controller displaying logos, colors, images, video or other visual or textual information not related to an emergency situation on the display or screen when the button or lever has not been activated (Paragraph 51: IG. 6 depicts forward facing electrical receptacle cover 600 which includes cover plate mounting, screw aperture 604, transmission tabs 606, internal speaker grille cover mounting apertures 608, speakers 610, visual indicator 612, internal magnetic component 614).
Regarding claim 11, see claim 2 rejections.
Regarding claim 12, see claim 3 rejections.
Regarding claim 13, see claim 4 rejections.
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.
Claims 6-7, 9, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ebeling (US 20220408169) in view of Fadell (US 20180322405).
Regarding claim 6, Ebeling teaches, the claimed system microcontroller.
Ebeling does not teach wherein the system microcontroller configured to automatically send digital information concerning a location of the communication system to one or more first responders or emergency centers or agencies upon activation of the button or lever by the user for an emergency event.
Fadell teaches smart-home networking (abstract), automatically send digital information concerning a location of the communication system to one or more first responders or emergency centers or agencies upon activation of the button or lever by the user for an emergency event (Paragraph 86: the network-connected smart devices can broadcast live video stream to nearby emergency personal such as police and fire departments. For example, upon detecting an intruder or some other emergency occurring the home or upon someone pressing a panic button in the home, live video can be broadcast to nearby emergency personnel, such as police, fire, medical, and other first responders. The video, for example, is transmitted from the room where the most activity is occurring or where the button was pressed. Paragraph 6: obtaining, at a server, geographic location information from one or more home devices of one or more residential homes; grouping, at the server, some of the one or more residential homes into the neighborhood security network based at least in part on the geographic location information; monitoring, at the server, security-related information received from the home devices of the residential homes in the neighborhood security network to detect a security-related condition in one of the residential homes; and responsive to detecting the security-related condition in the one of the residential homes).
Therefore, it would have been obvious to one with ordinary skill in the art before the filing date of the claimed invention to modify Ebeling with Fadell in order to improve the system and obtain best results.
Regarding claim 7, Ebeling in view of Fadell teaches, wherein the digital information includes an exact room location within a building or facility when the communication system is located within a multiple room or multiple story building or facility (Paragraph 6).
Regarding claim 9, Ebeling teaches, the claimed system.
Ebeling does not teach wherein the instructions, text, video or images are electronically received by the electronic communication system from another communication system upon another communication being digitally informed of the emergency situation through the activation of the button or lever by the user.
Fadell teaches smart-home networking (abstract), wherein the instructions, text, video or images are electronically received by the electronic communication system from another communication system upon the another communication being digitally informed of the emergency situation through the activation of the button or lever by the user (Paragraph 86 and 6).
Therefore, it would have been obvious to one with ordinary skill in the art before the filing date of the claimed invention to modify Ebeling with Fadell in order to improve the system and obtain best results.
Regarding claim 15, see claim 6 rejections.
Regarding claim 16, see claim 7 rejections.
Claims 5, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ebeling (US 20220408169) in view of Rintz (US 7,273983).
Regarding claim 5, Ebeling teaches, the claimed method.
Ebeling does not teach a removable or movable activation switch cover externally secured to the body member to help reduce inadvertent or accidental activation of the button or lever.
Rintz teaches removable or movable activation switch cover externally secured to the body member to help reduce inadvertent or accidental activation of the button or lever (Col. 30, lines 53-66: The assembly senses the loss of power and unlocks the switch assembly from attachment to the mounting bracket. Unsnapping the decorative cover exposes the switch assembly so it can be removed from the mounting bracket. The switch assembly then becomes a mobile).
Therefore, it would have been obvious to one with ordinary skill in the art before the filing date of the claimed invention to modify Ebeling with Rintz in order to improve the system and provide a design that is easy to use by the user which increase system simplicity.
Regarding claim 14, see claim 5 rejections.
Examiner also found he following related art”
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Rintz (US 7,273983).
Regarding claim 1, Rintz teaches, combination outlet or light switch cover and communication system adapted for securement to an existing electrical box in place of a conventional light switch or outlet cover (Fig. 1, 11-13. And Col. 9, lines 53-64 and Col. 30, line 65 through Col. 31, lines 1-3: the switch assembly then becomes a mobile, hand held emergency flashlight. The battery back-up system can allow for communication with first responder and can also provide power for transmitting signals and communications to first responders in power failure situations), comprising:
a body member adapted for securement to an existing electrical box, the body member having an opening or passageway for accessing and using one or more existing light switches or outlets associated with the existing electrical box (Col. 2, lines 20-35 and Fig. 1, el. 58 and Fig. 20, el. 704); and
an electronic communication system at least partially housed within the body member, wherein when mounted to the existing electrical box the communication system is adapted to be electrically powered through connection with the existing wiring associated with electrical box (abstract: the switch assembly then becomes a mobile, hand-held emergency flashlight. The battery back-up system also allows for communication with first responders and Fig. 15-16, 18), the
electronic communication system including a button or lever that upon activation by a user through pressing the button or pulling the lever causes a system microcontroller of the electronic communication system to initiate communication with another communication system remotely located from a location where the body member is mounted to the existing electrical box (Col. 30, lines 65 through Col. 31, lines 1-3: the switch assembly then becomes a mobile. Hand-held emergency flashlight. The battery back-up system can allow for communication with first responders and can also provide power for transmitting signals and communication to first responders in power failure situations).
Regarding claim 2, Rintz teaches, wherein the communication system further comprising an AC to DC Power converter for converting AC power receiving from the existing wiring at the existing electrical box to DC power (Fig. 15, the device from capital asset engineering is approximately 1.645 inches long, 0.4 inches high and 0.9inches wide, and can convert 3-, 6-, 9- or 12-volts DC into AC in the range from about
60 volts AC to about 300 volts AC, and can provide frequencies in the range of about 100 hertz to about 1600 hertz. Preferably, a 3 VDC battery will be used and converted to 90 volts AC at a frequency of 600 Hz and a blink rate of 2 times per second and FIG. 21, sensing or inverter circuit 700, can convert any of the selected DC voltages to AC voltage, of greater than 90 volts at a frequency range of approximately 50 to 2000 hertz).
Regarding claim 3, Rintz teaches, wherein the communication system further comprising a battery backup for powering the communication system where there is a power outage affecting the availability of receiving AC power from the existing wiring at the existing electrical box (Col. 21, lines 39-44: Battery Module 964 consists of the batteries) used to power the backup system in the event of a power failure).
Regarding claim 4, Rintz teaches, wherein the communication system further including a microphone and speaker to permit verbal communication with the remotely located another communication system (abstract: The switch assembly then becomes a mobile, hand-held emergency flashlight. The battery back-up system can allow for communication with first responders and can also provide power for transmitting signals and communications to first responders in power failure situations "so it includes speaker and microphone").
Regarding claim 5, Rintz teaches, a removable or movable activation switch cover externally secured to the body member to help reduce inadvertent or accidental activation of the button or lever (Col. 30, lines 53-66: The assembly senses the loss of power and unlocks the switch assembly from attachment to the mounting bracket. Unsnapping the decorative cover exposes the switch assembly so it can be removed from the mounting bracket. The switch assembly then becomes a mobile).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Rintz (US 7,273983) in view of Agarwal (US 20030012344).
Regarding claim 6, Rintz teaches, the claimed communication system.
Rintz does not teach microcontroller configured to automatically send digital information concerning a location of the communication system to one or more first responders or emergency centers or agencies upon activation of the button or lever by the user for an emergency event.
Agarwal teaches automatically send digital information concerning a location of the communication system to one or more first responders or emergency centers or agencies upon activation of the button or lever by the user for an emergency event (Paragraph 11, 16).
Therefore, it would have been obvious to one with ordinary skill in the art to modify Rintz with Agarwal in order to improve the system and provide location information which increase reliability and ensure assistance in time.
Regarding claim 7, Rintz in view of Agarwal teaches, wherein the digital information includes an exact room location within a building or facility when the communication system is located within a multiple room or multiple story building or facility (Agarwal: Paragraph 16).
Allowable Subject Matter
Claims 17-19 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.
None of the cited arts alone or in reasonable combination teaches (automatically initiate or send lockdown commands or instructions upon activation of the button or lever by the user concerning lockdown of a room where the communication system is located, the building or facility where the communication system is located or an area associated with a location of the communication system) as claimed in claim 17.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA EL-ZOOBI whose telephone number is (571)270-3434. The examiner can normally be reached Monday-Friday 7-4.
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/MARIA EL-ZOOBI/Primary Examiner, Art Unit 2692
