The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 1-20 are presented for examination
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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of patent number 12301745. The table listed below shows the similarity between the two and highlight the differences.
Instant Application 19203972
Patent Number 12301745
A modified smart device system, the system comprising:
a housing having an interior and an exterior;
a set of smart device components in the interior of the housing including a smart device memory, a smart device computing processor for executing a set of instructions stored on the smart device memory and a battery compartment adapted for holding a battery, such that the battery compartment is internal to the housing;
an alternative circuitry in substitution of the battery such that the battery is absent from the set of smart device components, the alternative circuitry installed in the housing and configured to supply operating power to the smart device motherboard instead of a battery; and
a thermally conductive material at least partially filling the battery compartment to promote heat dissipation.
(Currently Amended) A modified smart
phone device as an automated system for collecting digital images in an automated manner of an environment external to a vehicle in motion, the system comprising:
a housing having an interior and an
exterior for mounting to the vehicle;
a set of smart phone device components in the interior of the housing including a smart phone memory, a smart phone computer processor for executing a set of instructions stored on the smart phone memory and a battery compartment adapted for holding a battery, such that the battery compartment is internal to the housing;
a newly provided space holding a thermally conductive material to displace at least some air from the newly provided space for promoting heat dissipation;
a camera controlled by the computer processor, the camera for use in said collecting digital images;
an application as part of the set of instructions stored in the smart phone memory, the application when executed by the smart phone computer processor implementing said automated collecting digital images of the surrounding environment and subsequent processing of the digital images; and
an alternative circuitry in substitution of the battery such that the battery is absent from the set of smart phone device components, the alternative circuitry is installed in the battery compartment to supply operating power to the smart phone computer processor and the camera.
The modified smart device system of claim 1, wherein the set of smart device components in the interior of the housing comprises: one or more camera(s); one or more graphic processing unit(s); and/or one or more artificial intelligence processor(s) capable of performing artificial intelligence processing tasks.
The modified smart device of claim 2, wherein the set of instructions comprise an application executable by the smart device computing processor, and wherein the set of instructions comprise image processing using artificial intelligence.
the modified smart device of claim 3, wherein the application when executed causes the smart device computing processor to analyze the digital images captured by the camera using artificial intelligence and to generate digital data for sending to a remote server when connectivity allows over a communication network.
(Previously Presented) The modified smart phone device of claim 1, where the processing includes using computer vision and artificial intelligence.
6..(Previously Presented) The modified smart phone device of claim 1, wherein the application analyzes the digital images captured the camera using artificial intelligence and generates digital data for sending to a remote server when connectivity allows.
The modified smart device of claim 1 further comprising the alternative circuitry as a custom power circuit in the housing, the custom power circuit replacing the battery of the smart device by connecting at least some of the set of smart device components to a power supply positioned external to the housing.
8. The modified smart device of claim 5 further comprising a layer of thermally conductive material laid internally within the housing between a back plate of the housing and housed components of the set of smart device components.
9. The modified smart device of claim 8 further comprising a heat sink coupled to the housing.
10. The modified smart device of claim 9, wherein the set of smart device components included in the housing are further encompassed in an enclosure or case with accommodation for the heat sink.
2. (Previously Presented) The modified smart phone device of claim 1, where the processing includes using computer vision and artificial intelligence.
3.(Previously Presented) The modified smart phone device of claim 1, wherein the application analyzes the digital images captured the camera using artificial intelligence and generates digital data for sending to a remote server when connectivity allows.
4. (Previously Presented) The modified smart phone device of claim 1, wherein the battery of the set of smart phone device components is absent from the interior of the housing thereby creating newly provided space, which was not present before removal of the battery of the smart phone device.
5.(Previously Presented) The modified smart phone device of claim 4 further comprising the alternative circuitry as a custom power circuit in the housing, the custom power circuit replacing the battery of the smart phone device by connecting at least some of the set of smart phone device components to a power supply positioned external to the housing.
6. (Previously Presented) The modified smart phone device of claim 5 wherein the custom power circuit as a smart phone battery replacement circuit includes one or more component(s) selected from the group consisting of: (a) an electrical safety component; (b) a voltage regulation component; (c) a capacitance component; (d) a reverse current protection component; (e) a temperature sensor; (f) a microcontroller; and (g) an inductance component.
7. (Previously Presented) The modified smart phone device of claim 5, further comprising the custom power circuit electrically connected to a power button of the set of smart phone device components, such that an electrical signal from the custom power circuit simulates a smart phone power button activation action.
8. (Cancelled) The modified smart phone device of claim 5 further comprising the newly provided space holding a thermally conductive material to replace displace at least some air from the newly provided space for promoting heat dissipation.
9. (Currently Amended) The modified smart phone device of claim 85 further comprising a layer of thermally conductive material laid internally within the housing between a back plate of the housing and housed components of the set of smart phone device components.
10. (Previously Presented) The modified smart phone device of claim 9 further comprising a heat sink coupled to the housing.
As shown from the table above, claims 1-20 of patent 12301745 teaches the same concept of the instant application.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 1, 5-8, 10-13, 15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dillow (US Patent Application 20190346893) in the view of Huang (US Patent Application 20090186264).
As per claim 1, Dillow teaches a modified smart device system [100, fig. 1], the system comprising:
a housing having an interior [732, inside housing fig. 7] and an exterior [exterior surface of the mobile device: 0023].
a set of smart device components [components shown in figure 10] in the interior of the housing including a smart device memory [1004, fig. 10], a smart device computing processor [1002, fig. 10] for executing a set of instructions stored on the smart device memory and a battery compartment adapted for holding a battery [inner surface to hold the battery: 0025], such that the battery compartment is internal to the housing [0025, 0028, 0052, as pointed out the mobile device housing includes an inner surface that hold the battery. For example, as shown in figure 2A, show the batter is deposed inside the battery compartment; housing 204 and battery housing 212. Jutting portion may protrude from back of the mobile device and from back 214].
a thermally conductive material [204, fig. 2A] at least partially filling the battery compartment to promote heat dissipation [0028, 0041, as pointed out the device includes temperature control that help reduce heating as well as heat sink 722 shown in figure 7. For example, temperature control housing 204 includes left side holes 208, right side holes 209, extension piece 216, and grille 206. As another example, the housing includes temperature regulating device 720, heat sink 722 and fan 740].
Dillow does not teach an alternative circuitry in substitution of the battery such that the battery is absent from the set of smart device components, the alternative circuitry installed in the housing and configured to supply operating power to the smart device motherboard instead of a battery.
However, Huang teaches an alternative circuitry [1402, fig. 14] in substitution of the battery such that the battery is absent from the set of smart device components, the alternative circuitry installed in the housing and configured to supply operating power to the smart device motherboard instead of a batter [0041, 0063. as pointed out the battery back can be used to recharge the mobile device as well as a replacement of the mobile device battery. For example, battery packs shaped to conform to the external shape of a mobile device, thereby providing a permanent or long-term replacement power source without significantly affecting the size and usability of the mobile device].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the design of Dillow to include the design of Huang to enable the alternative battery back to be used as a permanent substitution of the internal battery when necessary.
As per claim 5, Dillow does not teach the alternative circuitry as a custom power circuit in the housing, the custom power circuit replacing the battery of the smart device by connecting at least some of the set of smart device components to a power supply positioned external to the housing.
However, Huang teaches the alternative circuitry as a custom power circuit in the housing, the custom power circuit replacing the battery of the smart device by connecting at least some of the set of smart device components to a power supply positioned external to the housing [0041, 0063, as shown in figure 14, circuit 1402 include connector 1406 that connect to the mobile device as well as battery and rechargeable module].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the design of Dillow to include the design of Huang to enable the alternative battery back to be used as a permanent substitution of the internal battery when necessary.
As per claim 6, Dillow teaches the custom power circuit as a smart device battery replacement circuit includes one or more component(s) selected from the group consisting of: (a) an electrical safety component; (b) a voltage regulation component; (c) a capacitance component; (d) a reverse current protection component; (e) a temperature sensor; (f) a microcontroller; and (g) an inductance component. [0036, as shown in figure 6A, the device includes temperature sensor 613 monitor the temperature of the device].
As per claim 7, Dillow does not teach the custom power circuit electrically connected to a power button of the set of smart device components, such that an electrical signal from the custom power circuit simulates a smart phone power button activation action.
However, Huang teaches the custom power circuit electrically connected to a power button of the set of smart device components, such that an electrical signal from the custom power circuit simulates a smart phone power button activation action [0063, the switch enable switching power on and off of the mobile device].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the design of Dillow to include the design of Huang to enable the alternative battery back to be used as a permanent substitution of the internal battery when necessary.
As per claim 8, Dillow teaches a layer of thermally conductive material laid internally within the housing between a back plate of the housing and housed components of the set of smart device components [0041, figure 7 show heatsink 722 inside the housing. For example, 732 inside housing 710. In practice, the ducted air may pull the heat away from heat sink 722].
As per claim 10, Dillow teaches the set of smart device components included in the housing are further encompassed in an enclosure or case with accommodation for the heat sink [0041, figure 7 show heatsink 722 inside the housing. For example, 732 inside housing 710. In practice, the ducted air may pull the heat away from heat sink 722].
As per claim 11, Dillow teaches the smart device enclosure comprises a hood [0028, figure 2A shows cover 210. For example, battery housing 212 is configured to interface, such as snap or latch, with battery cover 210].
As per claim 12, Dillow teaches, a mount which provides one or more degree(s) of articulation affixed to the smart device enclosure, wherein the mount permit the smart device to be affixed to a surface [fig. 1-2 show battery back connected to the back of the mobile device and join for flexibility].
As per claim 13, Dillow teaches the back plate is a custom back plate with a built-in heat dissipating configuration and materials [0041, figure 2-3 and 7, show custom battery back with heat sink for example 722].
As per claim 15, Dillow teaches the custom power circuit resides outside of the housing [0031, as show in figure 5B, circuit board 522 is disposed outside the housing].
As per claim 19, Dillow teaches the set of instructions comprise an application executable by the smart device computing processor, wherein the smart device further comprises a smart device display, and wherein the application when executed displays information on the smart device display [0059, display information to the user of the device].
As per claim 20, Dillow teaches the smart device housing is further encompassed in a heat dissipating enclosure, and the enclosure supports a connection to power and/or communications [0041, as shown in figure 7, the enclosure includes heatsink 722].
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Dillow (US Patent Application 20190346893) in the view of Huang (US Patent Application 20090186264) and in the view of Tao (US Patent Application 20210334622).
As per claim 2, Dillow and Huang do not teach the set of smart device components in the interior of the housing comprises: one or more camera(s); one or more graphic processing unit(s); and/or one or more artificial intelligence processor(s) capable of performing artificial intelligence processing tasks.
However, Tao teaches the set of smart device components in the interior of the housing comprises: one or more camera(s); one or more graphic processing unit(s); and/or one or more artificial intelligence processor(s) capable of performing artificial intelligence processing tasks [0003, 0042, fig. 1-2 show multiple components including PGU’s and CPU’s that are used for processing data using neural network or artificial intelligent].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the designs of Dillow and Huang to include the method of Tao in order to use neural network to process captured data.
As per claim 3, Dillow and Huang do not teach the set of instructions comprise an application executable by the smart device computing processor, and wherein the set of instructions comprise image processing using artificial intelligence.
However, Tao teaches the set of instructions comprise an application executable by the smart device computing processor, and wherein the set of instructions comprise image processing using artificial intelligence [0033-0035, as pointed out the CPU and GPU perform various functions of the neural processing].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the designs of Dillow and Huang to include the method of Tao in order to use neural network to process captured data.
As per claim 4, Dillow and Huang do not teach the application when executed causes the smart device computing processor to analyze the digital images captured by the camera using artificial intelligence and to generate digital data for sending to a remote server when connectivity allows over a communication network.
However, Tao teaches the application when executed causes the smart device computing processor to analyze the digital images captured by the camera using artificial intelligence and to generate digital data for sending to a remote server when connectivity allows over a communication network [0036-0038, process human face detection tasks as well as transmission data to the network interface].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the designs of Dillow and Huang to include the method of Tao in order to use neural network to process captured data.
Claims 14- and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dillow (US Patent Application 20190346893) in the view of Huang (US Patent Application 20090186264) and in the view of Whitehead (US Patent Application 20200121190).
As per claim 14, Dillow and Huang do not teach the set of instructions comprise an application executable by the smart device computing processor, wherein a device operating system stored in the memory is a modified operating system and the device operating system is programmed to launch the application automatically when the set of smart device components is booted, such that powering on the set of smart device components can take place without the use of a power button of the set of smart device components.
However, Whitehead teaches the set of instructions comprise an application executable by the smart device computing processor, wherein a device operating system stored in the memory is a modified operating system and the device operating system is programmed to launch the application automatically when the set of smart device components is booted, such that powering on the set of smart device components can take place without the use of a power button of the set of smart device components [0048, as pointed out the app can be launched automatically by the mobile device. For example, the exemplary software lifecycle comprises power on 500 followed by bootloader 502, which in turn leads to splash screen 504. The splash screen 504 is followed by kernel boot startup scripts 506, which then invokes the application executive 508. At the end of the cycle, power-off 510 takes place].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the designs of Dillow and Huang to include the method of Whitehead to allow an application to launch automatically when the phone is booting.
As per claim 16, Dillow and Huang do not teach the set of instructions comprise an application executable by the smart device computing processor, and wherein the application is launched automatically through an operating system setting upon a device boot of the set of smart device components.
However, Whitehead teaches the set of instructions comprise an application executable by the smart device computing processor, and wherein the application is launched automatically through an operating system setting upon a device boot of the set of smart device components.
[0048, as pointed out the app can be launched automatically by the mobile device. For example, the exemplary software lifecycle comprises power on 500 followed by bootloader 502, which in turn leads to splash screen 504. The splash screen 504 is followed by kernel boot startup scripts 506, which then invokes the application executive 508. At the end of the cycle, power-off 510 takes place].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the designs of Dillow and Huang to include the method of Whitehead to allow an application to launch automatically when the phone is booting.
As per claim 17, Dillow and Huang do not teach the set of instructions comprise an application executable by the smart device computing processor, and wherein the application is launched automatically when the modified device is switched from a booted state to an unlocked state.
However, Whitehead teaches the set of instructions comprise an application executable by the smart device computing processor, and wherein the application is launched automatically when the modified device is switched from a booted state to an unlocked state [0048, as pointed out the app can be launched automatically by the mobile device. For example, the exemplary software lifecycle comprises power on 500 followed by bootloader 502, which in turn leads to splash screen 504. The splash screen 504 is followed by kernel boot startup scripts 506, which then invokes the application executive 508. At the end of the cycle, power-off 510 takes place].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the designs of Dillow and Huang to include the method of Whitehead to allow an application to launch automatically when the phone is booting.
As per claim 18, Dillow and Huang do not teach the set of instructions comprise an application executable by the smart device computing processor, and wherein the application is launched through a third party mobile device management application.
However, Whithead teaches the set of instructions comprise an application executable by the smart device computing processor, and wherein the application is launched through a third party mobile device management application [0048, as pointed out the app can be launched automatically by the mobile device. For example, the exemplary software lifecycle comprises power on 500 followed by bootloader 502, which in turn leads to splash screen 504. The splash screen 504 is followed by kernel boot startup scripts 506, which then invokes the application executive 508. At the end of the cycle, power-off 510 takes place].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the designs of Dillow and Huang to include the method of Whitehead to allow an application to launch automatically when the phone is booting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Otsubo (US 20170012658) teaches cover for mobile device.
Bains (US 20160360644) teaches heat dissipation in a mobile device to enable high-performance desktop functionality.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VOLVICK DEROSE whose telephone number is (571)272-6260. The examiner can normally be reached on Monday-Friday 9AM-6PM.
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/VOLVICK DEROSE/Primary Examiner, Art Unit 2176
