VWGoA - Ex. 1004
`Volkswagen Group of America, Inc., Petitioner
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`Applicant(s)
`Application No.
`09/551,365 JOAO, RAYMOND ANTHONY
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136 (a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
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`If No period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`- Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
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`In no event, however, may a reply be timely filed
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`Since this application is in condition for allowance except forformal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`1)IX] Responsive to communication(s) filed on 17 April 2000.
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`2a)l:] This action is FINAL.
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`2b)IZ This action is non-final.
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`4) Claim(s) 1_-2_Q is/are pending in the application.
`is/are withdrawn from consideration.
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`4a) Of the above cIaim(s)
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`5)[:] Claim(s) __ is/are allowed.
`6)IZ Claim(s) 1-_2o is/are rejected.
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`7)|:] Claim(s) __ is/are objected to.
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`8)[:l Claims
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`are subject to restriction and/or election requirement. ‘
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`Application Papers
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`9)E] The specification is objected to by the Examiner.
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`10)I:] The drawing(s) filed on __ is/are objected to by the Examiner.
`11)I:] The proposed drawing correction filed on __ is; a)|:] approved b)[] disapproved.
`12)E] The oath or declaration is objected to by the Examiner.
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`Priority under 35 U.S.C. § 119
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`13)C] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).
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`a)E] All b)D Some * c)I:I None of:
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`1.|:] Certified copies of the priority documents have been received.
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`2.E] Certified copies of the priority documents have been received in Application No.
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`31] Copies of the certified copies of the priority documents have been received in this National_,S_t_age
`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`14)[:I Acknowledgement is made of a claim for domestic priority under 35 U.S.C. & 119(e).
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` Attachment(s)
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`15) E Notice of References Cited (PTO-892)
`16) D Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`17) E] Information Disclosure Statement(s) (PTO-1449) Paper No(s)
`U.S. Patent and Trademark Office
`PTO—326 (Rev. 9-00)
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`18) D Interview Summary (PTO-413) Paper No(s).
`19) '3 Notice of Informal Patent Application (PTO-152)
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`20) C] Other:
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`Office Action Summary
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`Part of Paper No. 2 2
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`‘Application/Control Number: 09/551,365
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`Art Unit: 2632
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless -
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`(e) the invention was described in a patent granted on an application for patent by another filed in the
`United States before the invention thereof by the applicant for patent, or on an international application
`by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371 (c) of this
`title before the invention thereof by the applicant for patent.
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`1.
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`Claims 1-20 are rejected under 35 U.S.C. 102(e) as being anticipated by
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`Launey et al [US 5,086,385].
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`Regarding claim 1, Launey et al discloses an expandable home automation system for
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`communicating and controlling of at least one of the appliances and subsystems within
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`the home as well as systems external to the home. The system includes a central
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`processor 16.(second control device) received a control signal from a hand—held remote
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`22 (first control device) to operate the audio/video system, heating/cooling system,
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`access control systems, garage door system, security system, telephone system,
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`appliances and lighting systems via wireless technology (third control device) through a
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`plurality of secondary processors 26, 26b, see Figs. 1-3 and 12, col. 2, lines 41-61, col.
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`4, lines 34-50, col. 11, lines 54-64, col. 15, lines 2-10 and col. 24, lines 13-29.
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`Regarding claim 2, all the claimed subject matters are cited in respectto claim 1 above,
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`such as lighting system and other appliances within the premise.
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`Regarding claim 3, Launey et al discloses a control system that can speak in the
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`location of the intruder or fire while displaying that location on a floor plan screen of the
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`home, see col. 23, lines 2-4.
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`Regarding claim 4, Launey et al discloses a control system that includes security
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`camera and video recorder, see Figs. 1 and 3h, col. 11, lines 54-68, col. 14, lines 24-28
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`and col. 18, lines 13-19.
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`Regarding claim 5, Launey et al discloses a control system that an unauthorized
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`control of certain functions such as the security function of the instant home automation
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`system, see Figs. 3j and 3k, col. 18, lines 58-64.
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`Regarding claim 6, Launey et al discloses a control system that home automation
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`system includes audio/video system, heating/cooling system, access control systems,
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`security system, telephone system, appliances and lighting systems via wireless
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`technology, see Fig. 1, col. 2, lines 42-54, col. 4, lines 34-50, col. 11, lines 54-64 and
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`col. 15, lines 2-10.
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`Regarding claim 7, Launey et al discloses a control system that home automation
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`system includes remote microphones 64 and audio recording device, see Fig. 1, col. 10,
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`lines 3-16, col. 11, lines 54-64 and col. 13, lines 3-18.
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`‘ Application/Control Number: 09/551,365
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`Art Unit: 2632
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`Regarding claim 8, Launey et al discloses a control system that includes security
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`camera and video recorder mounted at the front/entrance door or in the garage, see
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`Figs. 1 and 3h, col. 11, lines 54-68, col. 14, lines 24-28 and col. 18, lines 13-19.
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`Regarding claim 9, Launey et al discloses a control system that home automation
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`system includes audio recording device and remote microphones 64 for the user to
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`communicate with the system by voice within the premise, see Fig. 1, col. 10, lines 3-
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`16, col. 11, lines 54-64 and col. 13, lines 3-18.
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`Regarding claim 10, Launey et al discloses a control system that home automation
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`system includes diagnostic routines 526, see Fig. 5a, col. 26, lines 44-56.
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`Regarding claim 11, all the claimed subject matters are cited in respect to claims 1 and
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`10 above.
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`Regarding claim 12, all the claimed subject matters are cited in respect to claims 1 and
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`10 above.
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`Regarding claim 13, all the claimed subject matters are cited in respect to claim 1
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`above.
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`‘Application/Control Number: 09/551,365
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`Regarding claim 14, all the claimed subject matters are cited in respect to claims 2 and
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`13 above.
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`Regarding claim 15, all the claimed subject matters are cited in respect to claims 3 and
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`13 above.
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`Regarding claim 16, all the claimed subject matters are cited in respect to claim 1
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`above.
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`Regarding claim 17, all the claimed subject matters are cited in respect to claim 1
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`above.
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`Regarding claim 18, Launey et al discloses an expandable home automation system
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`for communicating and controlling of at least one of the appliances and subsystems
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`within the home as well as systems external to the home. The system includes a
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`central processor 10 (second control device) received a control signal from a hand-held
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`remote 22 (first control device) to operate the audio/video system, heating/cooling
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`system, access control systems, garage door system, security system, telephone
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`system, appliances and lighting systems via wireless technology (third control device)
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`through a plurality of secondary processors 26, 26b, see Figs. 1-3 and 12, col. 2, lines
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`41-61, col. 4, lines 34-50, col. 11, lines 54-64, col. 15, lines 2-10 and col. 24, lines 13-
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`29.
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`-Application/Control Number: 09/551,365
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`Art Unit: 2632
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`Page 6
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`Regarding claim 19, all the claimed subject matters are cited in respect to claims 10 and
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`18 above.
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`Regarding claim 20, all the claimed subject matters are cited in respect to claim 18
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`above.
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Suman et al discloses a control module which selectively controls the operation of at
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`least one lamp and one garage door opener through a remote controller. [US 5,793,300]
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`and [us 5,903,226]
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`2.
`Any inquiry concerning this communication or earlier communications from
`the examiner should be directed to examiner Van Trieu whose telephone number is
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`(703) 308-5220. The examiner can normally be reached on Mon-Fri from 7:00 am_to
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`4:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Mr. Jeffery Hofsass, can be reached on (703) 305-4717. The office
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`facsimile number is (703) 308-6743.
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`' Application/Control Number: 09/551,365
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`Art Unit: 2632
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`Any inquiry of a general nature or relating to the status of this application or
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`proceeding should be directed to the Group receptionist whose telephone number is
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`(703)305-3900, Mon-Fri, 8:30 am to 5:00 pm.
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`; Examiner: Van Triex/
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`Group: 2632
`Date: 1 1/27/00
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