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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 31-36 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention lacks patentable utility. Claims 31-36 are directed to a “computer readable medium” claimed in the absence of any underlying medium or other system, but a signal is not a method, machine, manufacture, or composition of matter. The claim thus falls outside the four statutory categories of 35 U.S.C. 101 and is therefore nonstatutory. If the specification includes written description support, this rejection could be overcome by claiming the invention as being stored in a non-transitory computer readable medium; however, see MPEP 2111.05 for a discussion of functional and nonfunctional descriptive material as related to computer readable media.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2, 5, 23, 24, 30, and 31 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 18, 20, 26, and 28, respectively, of U.S. Patent No.11,600,071. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of the claimed invention are anticipated by the limitations of the claims of U.S. Patent No.11,600,071.
Instant application – Claim 2
U.S. Patent No.11,600,071 – claim 1
2. (New) A method comprising:
1. (Previously Presented) A method of configuring a visible light sensor that is mounted in a space to record images of the space, the method comprising:
retrieving at least one first image of a space from memory;
recording a first image of the space;
detecting an indication of at least one portion of the at least one first image of the space; defining at least one region of interest in the space based on the indication of the at least one portion in the at least one first image;
defining a first region of interest and a second region of interest within the space based on the first image;
configuring a visible light sensor to detect or disregard one or more first environmental characteristics in the at least one region of interest;
configuring the visible light sensor to: detect the first environmental characteristic in the first region of interest during operation to enable control of the first load control device in response to the first environmental characteristic, and detect the second environmental characteristic in the second region of interest during operation to enable control of the second load control device in response to the second environmental characteristic; recording a second image of the space; detecting, in the second image, at least one of the first environmental characteristic in the first region of interest or the second environmental characteristic in the second region of interest;
configuring at least one control strategy or control parameter configured to control at least one electrical load in the space, wherein the at least one control strategy or control parameter is configured to control the at least one electrical load in response to detection, within at least one second image recorded by the visible light sensor, of the one or more first environmental characteristics in the at least one region of interest or detection, within the at least one second image recorded by the visible light sensor, of one or more second environmental characteristics outside of the at least one region of interest; and
determining a first control strategy for the first region of interest and a second control strategy for the second region of interest, wherein the first control strategy and the second control strategy are different, wherein the first control strategy is configured to enable control of a first load control device in response to detection of a first environmental characteristic in the first region of interest, wherein the second control strategy is configured to enable control of a second load control device in response to detection of a second environmental characteristic in the second region of interest, and wherein the first environmental characteristic and the second environmental characteristic are different;
responsive to the detection of the one or more first environmental characteristics in the at least one region of interest or the detection of the one or more second environmental characteristics outside of the at least one region of interest, controlling the at least one electrical load in the space based on the at least one control strategy or control parameter.
responsive to detecting the at least one of the first environmental characteristic or the second environmental characteristic, executing at least one of the first control strategy to control the first load control device or the second control strategy to control the second load control device.
Instant Application – claim 23
U.S. Patent No.11,600,071 – claim 18
23. (New) A visible light sensor comprising:
18. (Previously Presented) A device comprising:
a memory; and at least one control circuit configured to: retrieve at least one first image of a space from the memory;
a memory; and a control circuit configured to: retrieve a first image of a space;
detect an indication of at least one portion of the at least one first image of the space; define at least one region of interest in the space based on the indication of the at least one portion in the at least one first image;
define a first region of interest and a second region of interest within the space based on the first image;
configure the visible light sensor to detect or disregard one or more first environmental characteristics in the at least one region of interest;
generate configuration data configured to: detect the first environmental characteristic in the first region of interest during operation to enable control of the first load control device in response to the first environmental characteristic, and detect the second environmental characteristic in the second region of interest during operation to enable control of the second load control device in response to the second environmental characteristic; store the configuration data in the memory to enable the detection of the fist environmental characteristic and the second environmental characteristic; retrieve a second image of the space; detect, in the second image, at least one of the first environmental characteristic in the first region of interest or the second environmental characteristic in the second region of interest;
configure the visible light sensor with at least one control strategy or control parameter configured to control at least one electrical load in the space, wherein the at least one control strategy or control parameter is configured to control the at least one electrical load in response to detection, within at least one second image recorded by the visible light sensor, of the one or more first environmental characteristics in the at least one region of interest or one or more second environmental characteristics outside of the at least one region of interest; and
determine a first control strategy for the first region of interest and a second control strategy for the second region of interest, wherein the first control strategy and the second control strategy are different, wherein the first control strategy is configured to enable control of a first load control device in response to detection of a first environmental characteristic in the first region of interest, wherein the second control strategy is configured to enable control of a second load control device in response to detection of a second environmental characteristic in the second region of interest, and wherein the first environmental characteristic and the second environmental characteristic are different;
responsive to the detection of the one or more first environmental characteristics in the at least one region of interest or the one or more second environmental characteristics outside of the at least one region of interest, control the at least one electrical load in the space based on the control strategy or control parameter.
responsive to detection of the at least one of the first environmental characteristic or the second environmental characteristic, execute at least one of the first control strategy to control the first load control device or the second control strategy to control the second load control device.
Instant application – claim 30
U.S. Patent No.11,600,071 – claim 26
30. (New) At least one computer-readable storage medium having instructions stored thereon that, when executed by at least one control circuit, are configured to cause the at least one control circuit to:
26. (Currently Amended) A non-transitory computer-readable medium having stored thereon instructions that, when executed by a control circuit, cause the control circuit to:
retrieve at least one first image of a space from memory;
retrieve a first image of a space;
detect an indication of at least one portion of the at least one first image of the space; define at least one region of interest in the space based on the indication of the at least one portion in the at least one first image;
define a first region of interest and a second region of interest within the space based on the first image;
configure the visible light sensor to detect or disregard one or more first environmental characteristics in the at least one region of interest;
determine a first control strategy for the first region of interest and a second control strategy for the second region of interest, wherein the first control strategy and the second control strategy are different, wherein the first control strategy is configured to enable control of a first load control device in response to detection of a first environmental characteristic in the first region of interest, wherein the second control strategy is configured to enable control of a second load control device in response to detection of a second environmental characteristic in the second region of interest, and wherein the first environmental characteristic and the second environmental characteristic are different;
configure the visible light sensor with at least one control strategy or control parameter configured to control at least one electrical load in the space, wherein the at least one control strategy or control parameter is configured to control the at least one electrical load in response to detection, within at least one second image recorded by the visible light sensor, of the one or more first environmental characteristics in the at least one region of interest or one or more second environmental characteristics outside of the at least one region of interest; and
generate configuration data configured to: detect the first environmental characteristic in the first region of interest during operation to enable control of the first load control device in response to the first environmental characteristic, and detect the second environmental characteristic in the second region of interest during operation to enable control of the second load control device in response to the second environmental characteristic; store the configuration data to enable the detection of the fist environmental characteristic and the second environmental characteristic; retrieve a second image of the space; detect, in the second image, at least one of the first environmental characteristic in the first region of interest or the second environmental characteristic in the second region of interest; and
responsive to the detection of the one or more first environmental characteristics in the at least one region of interest or the one or more second environmental characteristics outside of the at least one region of interest, control the at least one electrical load in the space based on the control strategy or control parameter.
responsive to detection of the at least one of the first environmental characteristic or the second environmental characteristic, execute at least one of the first control strategy to control the first load control device or the second control strategy to control the second load control device.
Allowable Subject Matter
Claims 3-4, 6-22, and 25-29 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2017/0318701, discloses an electronic device with electrical load control.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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