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 .
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 15-18 and 20 are finally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoofe IV (11,908,307). Claims are finally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoofe IV (2019/0378399). Each discloses a security monitor (300) for an enclosure (301), a portable housing (objects 311-316B) mountable in the enclosure, the security monitor comprising a plurality of data sensors (321-326B) for monitoring data associated with the enclosure, the plurality of data sensors being supported by the housing, the plurality of data sensors comprising motion, temperature and humidity (see column 11, line 60 through column 12, line 3), a wireless communication port (see column 5, lines 40-53 and column 6, lines 15-41) configured to connect to a wireless network and supported by the housing, a security monitor controller (401) supported by the housing, and a security monitor tangible storage medium (65) supported by the housing.
As to claims 16 and 17, an accelerometer (see column 5, lines 3-13) as a motion sensor is inherently configured to sense vibrations.
As to claim 18, a magnet for magnetic mounting (see column 20, lines 27-47) is disclosed.
As to claim 20, the security monitor tangible storage medium (65) processes and transmits data as part of the security monitor.
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hoofe IV in view of DiPoala (2016/0323118). Hoofe IV does not disclose a hook-and-loop mounting fabric. However, DiPoala discloses it was known to employ a hook-and-loop mounting structure to support a sensor (see paragraph 63). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the security monitor of Hoofe IV with hook-and-loop mounting structure in the manner of DiPoala as claimed, as such a modification would predictably provide an adjustable mounting means for the monitor housing.
Applicant’s arguments with respect to claims 15-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Hoofe IV primarily shows the subject matter as now claimed.
Claims 1-14 are allowed.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles-Bosques, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
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