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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Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12322262, 11651665,10672238, 11132877, 11651668, 9230424. Although the claims at issue are not identical, they are not patentably distinct from each other because the patents all have essentially a limitation “displaying information regarding the second doorbell in response to selecting a map icon representing the second doorbell while the map icon is displayed on the first remote computing device”.
12322262 further addresses claim 2 because it has
9. The computer-readable, non-transitory, programmable product of claim 1, further causing the processor to do the following: display a map, wherein the map displays a first location of a first doorbell and a second location of a second doorbell; and receive a selection of a map icon representing the second doorbell.
10. The computer-readable, non-transitory, programmable product of claim 9, further causing the processor to display information regarding the second doorbell, in response to receiving the selection of the map icon representing the second doorbell while the map icon is displayed via a software application on the first remote computing device.
11. The computer-readable, non-transitory, programmable product of claim 10, further causing the processor to send a wireless communication to a second remote computing device in response to receiving the selection, of the map icon, representing the second doorbell via the software application on the first remote computing device, the wireless communication comprising an invitation to a doorbell user group.
And 11651668 addresses similar claim 2 limitations in its claim 1
Obviousness combinations would be obvious to combine with Fadell et al. 2015/0156031 below as it relates to a smart home and network to provide a variety of useful home security and smart home objectives (0002)
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fadell et al. US 2015/0156031 in view of Bin Mahfooz et al. US 2016/0105388.
Fadell discloses:
1. A non-transitory, computer-readable media, executable by a processor, and configured to cause the processor to perform steps comprising: a map comprising a location of a doorbell (Fig. 1 smart doorbell 106; 0069 smartphone connected; 0117 social paradigm 310c that uses information from a social network; 0292 icon; 0332 address; 0317 a smart device may include a GPS device for identifying the current geographical location of the device and, thus, the particular smart-home environment,); receiving a selection of a map icon representing the doorbell (0069 smartphone connected; 0117 social paradigm 310c that uses information from a social network; 0292 icon; 0332 address; 0317 a smart device may include a GPS device for identifying the current geographical location of the device and, thus, the particular smart-home environment,); and displaying information regarding the doorbell in response to receiving the selection representing the doorbell (0069 smartphone connected; 0117 social paradigm 310c that uses information from a social network, , provides information to a social network (e.g., based on device usage), and/or processes data associated with user and/or device interactions with the social network platform. For example, a user's status as reported to their trusted contacts on the social network could be updated to indicate when they are home or away based on light detection, security system inactivation or device usage detectors; 0292 icon; 0332 address; 0317 a smart device may include a GPS device for identifying the current geographical location of the device and, thus, the particular smart-home environment,).
Fadell does not explicitly disclose the following, however Bin Mahfooz teaches displaying a map (Figs. 9A and 9C); selection of the map icon and displaying information(0050-1)
Therefore, it would have been obvious to a person having ordinary skill before the effective filing date to modify the reference(s) as above in order to select the group or individuals that information will be shared with (Bin Mahfooz 0048)
2. The non-transitory, computer-readable media of Claim 1, wherein the steps further comprise sending a communication to a computing device associated with the doorbell in response to receiving the selection(0069 smartphone connected; 0117 social paradigm 310c that uses information from a social network; 0292 icon; 0332 address; 0317 a smart device may include a GPS device for identifying the current geographical location of the device and, thus, the particular smart-home environment,);
Fadell does not explicitly disclose the following, however Bin Mahfooz teaches of the map icon representing the doorbell, the communication comprising an invitation to a doorbell user group. (0050-1)
Therefore, it would have been obvious to a person having ordinary skill before the effective filing date to modify the reference(s) as above in order to select the group or individuals that information will be shared with (Bin Mahfooz 0048)
3. The non-transitory, computer-readable media of Claim 2, wherein the computing device is a first computing device and the doorbell is a first doorbell, and wherein the steps further comprise: displaying the map comprising a location of a second doorbell, the location of the second doorbell different than the location of the first doorbell; receiving a selection of a map icon representing the second doorbell; sending a communication to a second computing device associated with the second doorbell in response to receiving the selection of the map icon representing the second doorbell, the communication comprising an invitation to the doorbell user group; and creating the doorbell user group comprising the first computing device and the second computing device. (Fig. 2: 100a-f; 0069 smartphone connected; 0117 social paradigm 310c that uses information from a social network, , provides information to a social network (e.g., based on device usage), and/or processes data associated with user and/or device interactions with the social network platform. For example, a user's status as reported to their trusted contacts on the social network could be updated to indicate when they are home or away based on light detection, security system inactivation or device usage detectors; 0292 icon; 0332 address; 0317 a smart device may include a GPS device for identifying the current geographical location of the device and, thus, the particular smart-home environment,).
Fadell does not explicitly disclose the following, however Bin Mahfooz teaches displaying a map (Figs. 9A and 9C); selection of the map icon and displaying information and an invitation to a group (0050-1)
Therefore, it would have been obvious to a person having ordinary skill before the effective filing date to modify the reference(s) as above in order to select the group or individuals that information will be shared with (Bin Mahfooz 0048)
4. The non-transitory, computer-readable media of Claim 3, wherein the first computing device is communicatively coupled to the first doorbell and communicatively isolated from the second doorbell, and wherein the second computing device is communicatively coupled to the second doorbell and communicatively isolated from the first doorbell (Fig 1 home 100 personal devices 166 connecting with the smart home devices, and could be repeated for Fig. 2s homes 100a-f).
5. The non-transitory, computer-readable media of Claim 2, wherein the steps further comprise causing the computing device to send an alert to the doorbell user group (0162, 0166).
6. The non-transitory, computer-readable media of Claim 2, wherein the steps further comprise causing the computing device to send an alert to the doorbell user group in response to a remote sensor detection of unauthorized intrusion (0162, 0166).
7. The non-transitory, computer-readable media of Claim 2, wherein the steps further comprise causing the computing device to send an alert to the doorbell user group in response to detecting, by a remote burglar detection system, a burglary of a building associated with the doorbell (0162; 0166; 0168).
8. The non-transitory, computer-readable media of Claim 2, wherein the steps further comprise receiving an image taken by the doorbell in response to the doorbell sending the image to a database configured to provide visitor information to the doorbell user group (0162, 0166; 0168; 0455).
9. The non-transitory, computer-readable media of Claim 2, wherein the steps further comprise: receiving information from the doorbell; and analyzing the information (Fig. 36).
10. The non-transitory, computer-readable media of Claim 9, wherein the information comprises i) a video, ii) an image taken by the doorbell, or iii) both (0421: a video (e.g., a recorded loop or a live stream of the detected visitor) or still image or any other suitable detected visitor information (e.g., as detected at step 2002) may be communicated at step 2006 to such a user or third party automatically or in response to a request relayed from such a user or third party after being notified of the detected visitor, whereby such communicated visitor information data may be utilized by such a user or third party in any suitable way (e.g., to actively monitor the visitor's activity and/or to attempt to specifically identify the identity of the visitor or at least the type of the identified visitor).).
11. The non-transitory, computer-readable media of Claim 10, wherein analyzing the information comprises applying facial recognition (0425).
12. The non-transitory, computer-readable media of Claim 9, wherein the steps further comprise sending an alert in response to the analyzed information (0134).
13. The non-transitory, computer-readable media of Claim 9, wherein the doorbell is a first doorbell and wherein the information is first information, and wherein the steps further comprise: receiving second information from a second doorbell; and analyzing the second information (Fig. 2 tracked path e.g. TPA, TPB; 0459).
14. The non-transitory, computer-readable media of Claim 13, wherein the steps further comprise comparing the first information with the second information (0455).
15. The non-transitory, computer-readable media of Claim 14, wherein the steps further comprise sending an alert in response to identifying that the first information is the same as the second information (0455).
16. The non-transitory, computer-readable media of Claim 13, wherein the first doorbell is associated with a first building, and the second doorbell is associated with a second building, wherein the first information comprises detecting a visitor to the first building, and wherein the second information comprises detecting a visitor to the second building (Fig. 2 tracked path e.g. TPA, TPB; 0459).
17. The non-transitory, computer-readable media of Claim 16, wherein the steps further comprise comparing the visitor to the first building with the visitor to second building (Fig. 2 tracked path e.g. TPA, TPB; 0459; 0455).
18. The non-transitory, computer-readable media of Claim 17, wherein the steps further comprise sending an alert in response to identifying that the visitor to the first building is the same as the visitor to the second building (Fig. 2 tracked path e.g. TPA, TPB; 0459; 0455; 0162).
19. The non-transitory, computer-readable media of Claim 2, wherein the steps further comprise causing the computing device to receive an alert from the doorbell user group regarding a visitor to a doorbell associated with the doorbell user group (Fig. 2 tracked path e.g. TPA, TPB; 0459; 0455; 0162).
20. The non-transitory, computer-readable media of Claim 2, wherein the steps further comprise causing the computing device to receive an alert from the doorbell user group regarding identification of abnormal behaviors correlated with crime associated with a visitor to a doorbell associated with the doorbell user group (Fig. 2 tracked path e.g. TPA, TPB; 0459; 0455; 0162).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W BECKER whose telephone number is (571)270-7301. The examiner can normally be reached flexible usually 10-6.
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/JOSEPH W BECKER/Examiner, Art Unit 2483
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