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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, the phrase "e.g." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 8, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson (US 20170258398).
Regarding claim 1, A multi-functional device for small children, the device comprising: a thermometer for evaluating a small child's body temperature; (“To provide this input functionality, the monitoring device can include one or a plurality of input devices/sensors 106 positioned proximate the child (close enough to detect/receive the inputs, including near the child, on the child's clothing, strapped to the child, etc.) and configured for measuring various indicators related to sleep, such as movement, breathing rate, heart rate, body temperature, brain activity, eye movement, etc. The input devices can thus include, for example, a motion sensor, a camera with computer vision, a low-power radar, electrodes, a thermometer” Jackson: paragraph 28)
and, coupled thereto, a set of functional devices including a vibrator, a speaker and/or microphone, (“The swing 620 can also include other adjustable child-engagement mechanisms, such as a music unit (e.g., with an adjustable-volume speaker and/or song-menu storage and display devices and an interoperable song-selector device), a vibration unit (e.g., with adjustable intensity),” Jackson: paragraph 45 & “The input devices can thus include, for example, a motion sensor, a camera with computer vision, a low-power radar, electrodes, a thermometer, a microphone,” Jackson: paragraph 28)
and a night-light thereby to enable a carer or parent to efficiently and effectively minister to the small child upon her or his waking and/or when night-feeding and/or when she or he cries. (“The feedback device includes one or more conventional output devices (not shown) for affecting the child in the sleep unit, such as an audio unit (e.g., a speaker or sound machine), an alarm unit (e.g., a speaker and/or light), a light” Jackson: paragraph 52)
Regarding claim 2, The device according to claim 1 and wherein the set of functional devices also comprises a baby-monitor. (“According to one aspect of the invention, the system comprises a monitoring device for measuring indicators related to the sleep and/or development of a child. According to another aspect of the invention, the system comprises a feedback device for outputting measured data related to a child's sleep and/or development. According to another aspect of the invention, the system comprises a monitoring device and a feedback device. The monitoring device measures indicators related to the sleep and/or development of a child and relays the measured data to the feedback device. The feedback device can output the data to a caregiver or other user. The feedback device can additionally or alternatively output alerts to the caregiver relating to the monitored child's sleep condition, and the monitoring device can additionally or alternatively implement child-soothing measures before sending the alerts.” Jackson: paragraph 8)
Regarding claim 8, The device according to claim 1 and also comprising a single battery which powers plural devices from among the set of functional devices and the thermometer. (“In two-piece embodiments each component includes a power source (e.g., battery and/or power cord) or is in electrical-power communication (e.g., power wiring or other conductors) with a power source of the other components, and in one-piece embodiments a single power source can run both components.” Jackson: paragraph 29)
Regarding claim 9, the claim is interpreted and rejected as claim 1 stated above.
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.
Claim(s) 3, 4, 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson in view of Official Notice.
Regarding claim 3, The device according to claim 1 and also comprising a single printed circuit board, aka PCB, which controls plural devices from among the set of functional devices and the thermometer is not specifically disclosed by Jackson. Examiner takes Official Notice that it would have been well known to one of ordinary skill in the art at the time of invention to utilize a single PCB to connect all electronic components of an electronic device. Modifying Jackson to utilize a single PCB to connect all the electronic components would increase the overall utility of the system by minimizing the number of components needed. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Jackson according to Official Notice.
Regarding claim 4, the claim is interpreted and rejected as claim 3 stated above.
Regarding claim 5, The device according to claim 3 and also comprising a single user control device, e.g., sensor ring, which provides control, e.g., on-off control for said plural devices, e.g., for both of the night light and the speaker. (“To provide this input functionality, the monitoring device can include one or a plurality of input devices/sensors 106 positioned proximate the child (close enough to detect/receive the inputs, including near the child, on the child's clothing, strapped to the child, etc.) and configured for measuring various indicators related to sleep, such as movement, breathing rate, heart rate, body temperature, brain activity, eye movement, etc. The input devices can thus include, for example, a motion sensor, a camera with computer vision, a low-power radar, electrodes, a thermometer, a microphone, etc., of a conventional type well-known in the art. In typical embodiments, the monitoring device 102 also includes one or more control devices (e.g., an on-off button, input selector switch(es), unit selection settings such as temperature in degrees C. or F) and a conventional processor programmed for implementing the desired control functionality.” Jackson: paragraph 28)
Regarding claim 6, The device according to claim 1 and wherein said thermometer comprises a non- touch/touch-free or no-contact thermometer is not specifically disclosed by Jackson. Examiner takes Official Notice that it would have been well known to one of ordinary skill in the art at the time of invention to utilize a non-contact thermometer. Modifying Jackson to utilize a single PCB to connect all the electronic components would increase the overall utility of the system by adding additional means for temperature detection. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Jackson according to Official Notice.
Allowable Subject Matter
Claim 7 is 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: the prior art does not disclose nor suggest a baby monitor with the particular capabilities also including the specific structure as claimed in claim 7.
Conclusion
Related Art:
US 20150105608 A1 – baby monitor device
US 20100052918 A1 – baby monitor device
US 20060197671 A1 – baby monitor device
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS R HUNNINGS whose telephone number is (571)272-3118. The examiner can normally be reached M: 6-7:30a, 9:30a-4:45p, 8:30-10p; T: 6-7:30a, 12-4p, 7:30p-12a; W: 6-7:30a, 9:30a-4:45p; H: 6-7:30a, 8:15a-4:45p; F: 12:00-4:45p.
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689
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