DETAILED ACTION
This office action is in response to the application filed on 01/10/2025. Claims 1-20 have been examined.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/10/2025 and 08/03/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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/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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. patent Application No. 18/748,055. Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one of ordinary skill in the art at the time of invention that the claims cover substantially the same subject matter. The table below shows only a sample of how each of these claims is anticipated by claims such as claim 1 of U.S. patent application No. 18/748,055.
Instant application
U.S. patent application No. 18/748,055
Claim 1: A security camera system for monitoring an area associated with a resident having access to an internet-enabled device, and the area is accessible by a visitor with a mobile wireless device; the security camera system comprising: a security camera being aimed at a selected portion of the area to capture a first image of the visitor in the selected portion, the security camera being connectable in signal communication with the internet-enabled device; a packet scanner for receiving a first probe request from the mobile wireless device of the visitor and being connectable in signal communication with the internet-enabled device, the packet scanner being physically closer to the security camera than to the internet-enabled device; a first two-part digital ID created by the security camera system, wherein the first two-part digital ID is based on the first image and the probe request; and a housing containing both the security camera and the packet scanner, the housing being spaced apart from the internet-enabled device.
Claim 1: A security camera method for monitoring an area associated with a resident and being accessible by a visitor with a mobile wireless device that has a MAC address; the security camera method involving the use of a security camera in the area, an internet-enabled device, and a packet scanner for receiving a plurality of probe requests including a first probe request from the first mobile wireless system and a second probe request from the second mobile wireless system; the security camera method comprising: monitoring the area with the security camera; monitoring the area with the packet scanner; detecting, via the security camera, the visitor being in the area at a first instance of time, thereby defining a first event; capturing, via the security camera, a first digital image of the visitor in the area at the first instance of time; detecting, via the packet scanner, the first probe request transmitted from the mobile wireless system of the visitor proximate the first instance of time; transmitting, via the packet scanner, the MAC address from the mobile wireless device of the visitor to the internet-enabled device proximate the first instance of time; storing the first digital image of the visitor on the internet-enabled device; storing the MAC address of the mobile wireless device of the visitor on the internet-enabled device; pairing the first digital image and the MAC address to create a two-part digital ID of the visitor; offering the resident, via the internet-enabled device, a labeling option to assign a label to the two-part digital ID of the visitor; assigning a label to the two-part digital ID of the visitor via the resident interacting with the internet-enabled device; detecting, via the security camera, the visitor being in the area at a second instance of time, thereby defining a second event; capturing, via the security camera, a second digital image of the visitor in the area at the second instance of time; detecting, via the packet scanner, the second probe request transmitted from the mobile wireless system of the visitor proximate the second instance of time; transmitting, via the packet scanner, the MAC address from the mobile wireless device of the visitor to the internet-enabled device proximate the second instance of time; and providing a notice to the resident, via the internet-enabled device, that the second event is associated with the label of the two-part digital ID based at least partially on the MAC address transmitted from the mobile wireless device of the visitor to the internet-enabled device proximate the second instance of time
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 nonstatutory double patenting rejection, set forth in this Office action.
The closest prior art, Amini, paragraph 11 discloses video camera may be used, for example, as a home or office security camera that remains in a substantially static position (e.g., at a front door)… in addition paragraph 15 discloses wireless device 120 can be any suitable network-connected cameras (or “IP cameras”)… the devices 120 can include home sensors (e.g., motion detection sensors and temperature sensors) that can connect to the Internet.
Applicant uniquely claimed distinct features in the instant invention, which are not found in the prior art, either singularly or combination, the features are: “a first two-part digital ID created by the security camera system, wherein the first two-part digital ID is based on the first image and the probe request; and a housing containing both the security camera and the packet scanner, the housing being spaced apart from the internet-enabled device”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY T JEAN BAPTISTE whose telephone number is (571)272-6189. The examiner can normally be reached Monday-Friday 9-5PM EST.
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/JERRY T JEAN BAPTISTE/Primary Examiner, Art Unit 2481