DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chellappan et al. (US 2022/0104474) hereinafter known as , and further in view of Files et al. (US 2020/0253187) hereinafter known as Files.
Regarding claim 1, Chellappan discloses a method of detecting pests [0060][0064], the method comprising:
generating an activation signal (claim 14; “…wherein the wingbeat frequency falling within a selected range set for mosquitoes triggers an activation signal for the imaging device and/or the microphone.”) by detecting infrared light using at least one detector ([0042]; “ Passive Infrared Sensors connected to the camera and the other electronics detect whether or not an insect coming into the trap is a mosquito or not.”)[0043][0044],
wherein the signal indicates a pest is present (claims 13-14).
Chellappan do not specifically disclose generating an analog signal using an infrared detector driven by a pulse-width modulated signal.
Files discloses a method (claim 1) of using pest traps [0002]. The pest trap may include an infrared imaging sensor that detects the motion of potential pests [0037][0038]. Files teaches of a system-on-a-chip ([0126]; 1402) that includes a universal asynchronous receiver-transmitter (UART) ([0124]; 1418), a pulse width modulation (PWM) component 1440 and various signal processing components such as an analog-to-digital converter (ADC) 1448 [0126][0149]. Further, the reference teaches that the circuit uses pulse width modulation 1802 to help detect a presence of a pest [0148].
In view of Files, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to view the activation signal, of Chellappan, as an analog signal and further have the passive infrared detector utilize a pulse width modulation (PWM) component to modulate the said activation signal. The motivation is to modulate the pulses of the analog activation signal to correspond to the infrared signal generated because of the detection of the pest.
Regarding claim 2, Chellappan, in view of Files, discloses the method of claim 1, further comprising the step of filtering the analog signal based on expected pest wingbeat frequencies. (Chellappan; [0044]; claims 13-14)
Regarding claim 3, Chellappan, in view of Files, discloses the method of claim 2, further comprising the step of converting the analog signal to a digital signal. (Files; [0126][0149])
Regarding claim 5, Chellappan, in view of Files, discloses the method of claim 1, further comprising the step of using an onboard classifier to determine whether the analog signal indicates the pest is present. (Chellappan; [0040]; “ a network connection or direct connection to a computer processor 1200 storing software in computerized memory that is configured to receive image data and audio data to determine the classification of the species in the camera field of view.”)(Chellappan; claims 13-14)
Regarding claim 6, Chellappan, in view of Files, discloses a method of detecting pests, the method comprising:
generating an analog signal by detecting infrared light using at least one detector driven by a pulse-width modulated signal (see the rejection of claim 1); and
wherein the analog signal indicates a pest is present according to a wingbeat frequency of the pest. (Chellappan; [0044]; claims 13-14)
Regarding claim 7, Chellappan, in view of Files, discloses the method of claim 6, further comprising the step of filtering the analog signal based on expected pest wingbeat frequencies. (Chellappan; [0042])
Allowable Subject Matter
Claims 4 and 8-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, Chellappan, in view of Files, do not disclose the method of claim 3, further comprising the step of waking up a microcontroller upon detecting at least two consecutive digital signal values have exceeded a threshold value.
Regarding claim 8, Chellappan, in view of Files, do not disclose the method of claim 6, further comprising the steps of:
converting the analog signal to a digital signal; and
waking up a microcontroller upon detecting at least two consecutive digital signal values have exceeded a threshold value.
Claims 9-11 are objected due to being dependent on objected base claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kubota (US2022/0142136)
Eom et al. (US 2019/0133106)
Coleman (US 2021/0112647)
Guice et al. (US 9,295,245)
Hyde et al. (US 2014/0226860)
Shaw et al. (US 2006/0254522)
Marka et al. (US 2019/0000059)
Weber-Grabau (US 2015/0234049)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUGH MAUPIN/Primary Examiner, Art Unit 2884
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