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 .
Status of Claims
This office action for the 19/189830 application is in response to the communications filed April 25, 2025.
Claims 1-20 were initially submitted April 25, 2025.
Claims 2 and 11-20 were cancelled April 25, 2025.
Claims 1 and 3-10 are currently pending and considered below.
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).
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Claims 1, and 3-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,308,999 in view of Reed et al. (US 2021/0304537; herein referred to as Reed).
As per claim 1,
Claim 1 of U.S. Patent No. 12,308,999 teaches “A smart gate system with temperature responsive control, comprising: a thermal sensor for measuring a temperature of a visitor and transmitting the measured temperature; a QR code reader to read a health status QR code and transmitting a message including health status information of the visitor in accordance with the health status QR code and a request for entry, the health status QR code having a predetermined date range; a database system for receiving and maintaining the health status information and registered visitor information; a gate controller receiving a control signal for permitting or denying entry through a gate”:
(Claim 1 of U.S. Patent No. 12,308,999. “A smart gate system, comprising: a thermal sensor for measuring a temperature of a visitor and transmitting the measured temperature; a QR code reader to read a health status QR code and transmitting a message including health status information of the visitor in accordance with the health status QR code and a request for entry, the health status QR code having a predetermined date range; a database system for receiving and maintaining the health status information and registered visitor information; a gate controller receiving a control signal for permitting or denying entry through a gate;”)
Claim 1 of U.S. Patent No. 12,308,999 further teaches “a server for determining that the health status information and the temperature of the visitor obtained from the thermal sensor indicate that the visitor has not contracted a predetermined virus and that the visitor is a registered visitor, and responding to the request for entry by transmitting the control signal to the gate controller in accordance with the determination and whether the health status QR code is within the predetermined date range; and a screen protector; wherein the gate controller controlling opening of the gate based on the control signal that permits entry through the gate; wherein the thermal sensor is a forehead thermal sensor for measuring body temperature at a user’s forehead, when the thermal sensor is automatically position adjusted to the position of the user’s forehead, a sound is output by a sound output device when the user’s forehead is in a position of the thermal sensor, wherein the screen protector includes a cover means to cover the forehead temperature sensor with a protective sheath material, wherein the protective sheath material is provided on a supply spool in the form of long rolled individual sheets and is advanced onto a take up spool after each use of the forehead temperature sensor, wherein the supply spool is equipped with a resistive despool decelerator such as a friction wheel to hinder excessive release of the sheath, wherein the protective sheath material is configured with a conductive path traveling longitudinally through a length of conductive polymer, a capacitive sensor mounted on one or both of the supply spool or the take up spool makes electrical contact with the conductive path to measure and record a capacitance value, the capacitance value reflects contact between and individual and the protective sheath material during a measurement occurrence on the forehead thermal sensor, and wherein the microcontroller includes program instructions to advance the take up spool after a cycle of capacitative measurements.”:
(Claim 1 of U.S. Patent No. 12,308,999. “a server for determining that the health status information and the temperature of the visitor obtained from the thermal sensor indicate that the visitor has not contracted a predetermined virus and that the visitor is a registered visitor, and responding to the request for entry by transmitting the control signal to the gate controller in accordance with the determination and whether the health status QR code is within the predetermined date range; and a screen protector; wherein the gate controller controlling opening of the gate based on the control signal that permits entry through the gate; wherein the thermal sensor is a forehead thermal sensor for measuring body temperature at a user's forehead, when the thermal sensor is automatically position adjusted to the position of the user's forehead, a sound is output by a sound output device when the user's forehead is in a position of the thermal sensor, wherein the screen protector includes a cover means to cover the forehead temperature sensor with a protective sheath material, wherein the protective sheath material is provided on a supply spool in the form of long rolled individual sheets and is advanced onto a take up spool after each use of the forehead temperature sensor, wherein the supply spool is equipped with a resistive despool decelerator such as a friction wheel to hinder excessive release of the sheath, wherein the protective sheath material is configured with a conductive path traveling longitudinally through a length of conductive polymer, a capacitive sensor mounted on one or both of the supply spool or the take up spool makes electrical contact with the conductive path to measure and record a capacitance value, the capacitance value reflects contact between and individual and the protective sheath material during a measurement occurrence on the forehead thermal sensor, and wherein the microcontroller includes program instructions to advance the take up spool after a cycle of capacitative measurements.”)
Claim 1 of U.S. Patent No. 12,308,999 does not explicitly teach “wherein the gate controller includes a power source, a help button, an object detection sensor and a timer”.
However, Reed teaches wherein the gate controller includes a power source, a help button, an object detection sensor and a timer:
(Paragraphs [0171] and [0172] of Reed. The teaching describes the access control system 100 preferably includes a door status sensor 116 that periodically senses and/or detects whether the door 112 is open or closed/locked. In one embodiment, if the door 112 remains open after a predetermined time (e.g., 30 seconds), the access control reader 102 will recognize that the door 102 is open and will send an alarm signal to the alarm 110. In one embodiment, the access control system 100 preferably includes an exit controller 118 that is in communication with the access control reader 102. In one embodiment, the exit controller 118 may include a depressible button [construed as a help button] or a motion sensor for indicating when an individual wishes to exit an area that is enclosed by the door 112. In one embodiment, an individual may depress a button on the exit controller 118 for transmitting a signal to the access control reader 102, which, in turn, generates a signal for unlocking the electric lock 114 so that the door 112 may be opened.)
It would have been obvious to one of ordinary skill in the art before the time of filing to add to U.S. Patent No. 12,308,999 the gatekeeping technology of Reed. Each of the limitations of the claim are taught between the parent patent and the prior art, although not in a single reference. One of ordinary skill in the art could have combined the elements as claimed by known methods and in that combination, each element would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictable. Accordingly, this combination would have been obvious to one of ordinary skill in the art.
As per claim 3,
The combined teaching of claim 1 of U.S. Patent No. 12,308,999 and Reed teaches the limitations of claim 1.
Claim 2 of U.S. Patent No. 12,308,999 teaches “further comprising: a personal display device which is used to securely obtain the health status QR code, wherein the QR code reader reads the health status QR code from a display of the personal display device when the thermal sensor reads the temperature of the visitor”:
(Claim 2 of U.S. Patent No. 12,308,999. “further comprising: a personal display device which is used to securely obtain the health status QR code, wherein the QR code reader reads the health status QR code from a display of the personal display device when the thermal sensor reads the temperature of the visitor.”)
As per claim 4,
The combined teaching of claim 2 of U.S. Patent No. 12,308,999 and Reed teaches the limitations of claim 3.
Claim 3 of U.S. Patent No. 12,308,999 teaches “wherein the server is a cloud service, the thermal sensor, QR code reader, personal display device, and gate controller wirelessly communicate with the cloud service via the Internet”:
(Claim 3 of U.S. Patent No. 12,308,999. “wherein the server is a cloud service, the thermal sensor, QR code reader, personal display device, and gate controller wirelessly communicate with the cloud service via the Internet.”)
As per claim 5,
The combined teaching of claim 2 of U.S. Patent No. 12,308,999 and Reed teaches the limitations of claim 3.
Claim 4 of U.S. Patent No. 12,308,999 teaches “wherein the server does not transmit a health status QR code to the personal display device when the temperature reading from the thermal sensor is above a normal range”:
(Claim 4 of U.S. Patent No. 12,308,999. “wherein the server does not transmit a health status QR code to the personal display device when the temperature reading from the thermal sensor is above a normal range’)
As per claim 6,
The combined teaching of claim 1 of U.S. Patent No. 12,308,999 and Reed teaches the limitations of claim 1.
Claim 6 of U.S. Patent No. 12,308,999 teaches “wherein upon reading the health status QR code, the QR code reader compares a date of the reading against the predetermined date range, wherein when the date of the reading is after the predetermined date range, the QR code reader transmits a message indicating that the health status QR code has expired, and wherein the gate controller receives a control signal denying entry through the gate based on the expiration of the QR code.”:
(Claim 6 of U.S. Patent No. 12,308,999. “wherein upon reading the health status QR code, the QR code reader compares a date of the reading against the predetermined date range, wherein when the date of the reading is after the predetermined date range, the QR code reader transmits a message indicating that the health status QR code has expired, and wherein the gate controller receives a control signal denying entry through the gate based on the expiration of the QR code.”)
As per claim 7,
The combined teaching of claim 1 of U.S. Patent No. 12,308,999 and Reed teaches the limitations of claim 1.
Claim 7 of U.S. Patent No. 12,308,999 teaches “further comprising: an emergency override in which a command can be sent to the gate controller and used to allow entry through the gate without a temperature measurement from the thermal sensor”:
(Claim 7 of U.S. Patent No. 12,308,999. “further comprising: an emergency override in which a command can be sent to the gate controller and used to allow entry through the gate without a temperature measurement from the thermal sensor.”)
As per claim 8,
Claim 9 of U.S. Patent No. 12,308,999 teaches “A smart gate system with temperature responsive control, comprising: a thermal sensor for measuring a temperature of a visitor and transmitting the measured temperature; a QR code reader to read a health status QR code and transmitting a message including health status information of the visitor in accordance with the health status QR code and a request for entry, the health status QR code having a predetermined date range; a database system for receiving and maintaining the health status information and registered visitor information; a screen protector; a gate controller receiving a control signal for permitting or denying entry through a gate”:
(Claim 9 of U.S. Patent No. 12,308,999. “A smart gate system, comprising: a thermal sensor for measuring a temperature of a visitor and transmitting the measured temperature; a QR code reader to read a health status QR code and transmitting a message including health status information of the visitor in accordance with the health status QR code and a request for entry, the health status QR code having a predetermined date range; a database system for receiving and maintaining the health status information and registered visitor information; a screen protector; a gate controller receiving a control signal for permitting or denying entry through a gate;”)
Claim 9 of U.S. Patent No. 12,308,999 further teaches “a server for determining that the health status information and the temperature of the visitor obtained from the thermal sensor indicate that the visitor has not contracted a predetermined virus and that the visitor is a registered visitor, and responding to the request for entry by transmitting the control signal to the gate controller in accordance with the determination and whether the health status QR code is within the predetermined date range; and the gate controller controlling opening of the gate based on the control signal that permits entry through the gate; wherein the thermal sensor is a forehead thermal sensor for measuring body temperature at a user’s forehead, when the thermal sensor is automatically position adjusted to the position of the user’s forehead, a sound is output by a sound output device when the user’s forehead is in a position of the thermal sensor, wherein the screen protector includes a cover means to cover the forehead temperature sensor with a protective sheath material, wherein the protective sheath material is provided on a supply spool in the form of long rolled individual sheets and is advanced onto a take up spool after each use of the forehead temperature sensor, wherein the supply spool is equipped with a resistive despool decelerator such as a friction wheel to hinder excessive release of the sheath, wherein the protective sheath material is configured with a conductive path traveling longitudinally through a length of conductive polymer, a capacitive sensor mounted on one or both of the supply spool or the take up spool makes electrical contact with the conductive path to measure and record a capacitance value, the capacitance value reflects contact between and individual and the protective sheath material during a measurement occurrence on the forehead thermal sensor, and wherein the microcontroller includes program instructions to advance the take up spool after a cycle of capacitative measurements; a motorized adjustable stand having a temperature sensor for obtaining temperature of the user’s forehead, wherein the motorized adjustable stand automatically position adjusts the temperature sensor to the position of the user’s forehead.”:
(Claim 9 of U.S. Patent No. 12,308,999. “a server for determining that the health status information and the temperature of the visitor obtained from the thermal sensor indicate that the visitor has not contracted a predetermined virus and that the visitor is a registered visitor, and responding to the request for entry by transmitting the control signal to the gate controller in accordance with the determination and whether the health status QR code is within the predetermined date range; and the gate controller controlling opening of the gate based on the control signal that permits entry through the gate; wherein the thermal sensor is a forehead thermal sensor for measuring body temperature at a user's forehead, when the thermal sensor is automatically position adjusted to the position of the user's forehead, a sound is output by a sound output device when the user's forehead is in a position of the thermal sensor, wherein the screen protector includes a cover means to cover the forehead temperature sensor with a protective sheath material, wherein the protective sheath material is provided on a supply spool in the form of long rolled individual sheets and is advanced onto a take up spool after each use of the forehead temperature sensor, wherein the supply spool is equipped with a resistive despool decelerator such as a friction wheel to hinder excessive release of the sheath, wherein the protective sheath material is configured with a conductive path traveling longitudinally through a length of conductive polymer, a capacitive sensor mounted on one or both of the supply spool or the take up spool makes electrical contact with the conductive path to measure and record a capacitance value, the capacitance value reflects contact between and individual and the protective sheath material during a measurement occurrence on the forehead thermal sensor, and wherein the microcontroller includes program instructions to advance the take up spool after a cycle of capacitative measurements; a motorized adjustable stand having a temperature sensor for obtaining temperature of the user's forehead, wherein the motorized adjustable stand automatically position adjusts the temperature sensor to the position of the user's forehead.”)
Claim 9 of U.S. Patent No. 12,308,999 does not explicitly teach “wherein the gate controller includes a power source, a help button, an object detection sensor and a timer”.
However, Reed teaches wherein the gate controller includes a power source, a help button, an object detection sensor and a timer:
(Paragraphs [0171] and [0172] of Reed. The teaching describes the access control system 100 preferably includes a door status sensor 116 that periodically senses and/or detects whether the door 112 is open or closed/locked. In one embodiment, if the door 112 remains open after a predetermined time (e.g., 30 seconds), the access control reader 102 will recognize that the door 102 is open and will send an alarm signal to the alarm 110. In one embodiment, the access control system 100 preferably includes an exit controller 118 that is in communication with the access control reader 102. In one embodiment, the exit controller 118 may include a depressible button [construed as a help button] or a motion sensor for indicating when an individual wishes to exit an area that is enclosed by the door 112. In one embodiment, an individual may depress a button on the exit controller 118 for transmitting a signal to the access control reader 102, which, in turn, generates a signal for unlocking the electric lock 114 so that the door 112 may be opened.)
It would have been obvious to one of ordinary skill in the art before the time of filing to add to U.S. Patent No. 12,308,999 the gatekeeping technology of Reed. Each of the limitations of the claim are taught between the parent patent and the prior art, although not in a single reference. One of ordinary skill in the art could have combined the elements as claimed by known methods and in that combination, each element would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictable. Accordingly, this combination would have been obvious to one of ordinary skill in the art.
As per claim 9,
The combined teaching of claim 1 of U.S. Patent No. 12,308,999 and Reed teaches the limitations of claim 3.
Claim 5 of U.S. Patent No. 12,308,999 teaches “further comprising: a mount for holding the personal display device in a position for reading by the QR code reader”:
(Claim 5 of U.S. Patent No. 12,308,999. “further comprising: a mount for holding the personal display device in a position for reading by the QR code reader.”)
As per claim 10,
The combined teaching of claim 1 of U.S. Patent No. 12,308,999 and Reed teaches the limitations of claim 1.
Claim 8 of U.S. Patent No. 12,308,999 teaches “wherein the QR code reader records a current date when the health status QR code is read, and wherein the gate controller denies entry through the gate when the predetermined date range of the health status QR code is after the current date, indicating that the health status QR code has expired”:
(Claim 8 of U.S. Patent No. 12,308,999. “wherein the QR code reader records a current date when the health status QR code is read, and wherein the gate controller denies entry through the gate when the predetermined date range of the health status QR code is after the current date, indicating that the health status QR code has expired.”)
Subject Matter Free of Prior Art
Claims 1 and 3-10 contain subject matter free of prior art.
The following is a statement of reasons for the indication of subject matter free of prior art: The Examiner has conducted a thorough search of the prior art and could not find a single reference, or combination of references with adequate rationale to combine to teach the limitations of “a screen protector…wherein the thermal sensor is a forehead thermal sensor for measuring body temperature at a user's forehead, when the thermal sensor is automatically position adjusted to the position of the user's forehead, a sound is output by a sound output device when the user's forehead is in a position of the thermal sensor, wherein the screen protector includes a cover means to cover the forehead temperature sensor with a protective sheath material, wherein the protective sheath material is provided on a supply spool in the form of long rolled individual sheets and is advanced onto a take up spool after each use of the forehead temperature sensor, wherein the supply spool is equipped with a resistive despool decelerator such as a friction wheel to hinder excessive release of the sheath, wherein the protective sheath material is configured with a conductive path traveling longitudinally through a length of conductive polymer, a capacitive sensor mounted on one or both of the supply spool or the take up spool makes electrical contact with the conductive path to measure and record a capacitance value, the capacitance value reflects contact between and individual and the protective sheath material during a measurement occurrence on the forehead thermal sensor, and wherein the microcontroller includes program instructions to advance the take up spool after a cycle of capacitative measurements” in claim 1. Claim 8 recites similar limitations. The closest prior art that the Examiner was able to find was:
Hatamian et al. (US 2022/0111091; herein referred to as Hatamian): which teaches an automated means for obtaining a user’s temperature with an automatically positioned thermometer on the user’s forehead. However, Hatamian is deficient in teaching a sound output by the system when the forehead is in the correct position relative to the temperature sensor, and the remaining limitations of claim 2.
Li (US 2021/0010867): which teaches a forehead thermometer that is used in conjunction with a protective cap to ensure ease of cleaning the device. However, this prior art is deficient in providing a protective sheath that has capacitive measurement capability.
Abreu et al. (US 2015/0105687): which teaches a temperature sensor patch that uses capacitive measurements to obtain subject temperatures. However, this capacitive measurement is used as an alternative to conventional forehead thermometer measurements as opposed to using the capacitance to determine an advance of a spool of a protective sheath.
Looking at this prior art, it is clear to the examiner that novel subject matter is contained in claim 1 and by extension claim 8. None of these references, even if properly combined, would have taught the limitations of claim 1. Accordingly, claims 1 and 3-10 contain subject matter free of prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD A NEWTON whose telephone number is (313)446-6604. The examiner can normally be reached M-F 8:00AM-4:00PM (EST).
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/CHAD A NEWTON/Primary Examiner, Art Unit 3681
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