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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`13/93 1,857
`
`06/29/2013
`
`Joseph Higgs
`
`SEC-P120US
`
`1036
`
`Fogarty, L.L.C.
`P.O. Box 703695
`Dallas, TX 75370-3695
`
`
`
`
`GAUTHIER, GERALD
`
`ART UNIT
`
`2653
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/28/2014
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`uspto @fogartyip.com
`docket @ fogartyip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 13/931 ,857 HIGGS, JOSEPH
`Examiner
`Art Unit
`AIA (First Inventor toFile)
`Office Action Summary
`
`2653GERALD GAUTHIER vee.
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS 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 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.
`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, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`1) Responsive to communication(s)filed on 3.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5) Claim(s) 1-27 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-27 is/are rejected.
`8)L] Claim(s)___ is/are objectedto.
`
`9)L] Claim(s)
`are subjectto restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`hito-//Awww.usoto.gov/oatenis/init events/
`
`
` nvindex.isp or send an inquiry to PPHfeecback@uspto.aoy.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)KX] The drawing(s)filed on 06/29/2013 is/are: a)[X] accepted or b)[] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)L] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)[] Some** c)L] None ofthe:
`1.) Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachment(s)
`3) TC Interview Summary (PTO-413)
`1) X Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`.
`.
`4) O Other
`—_
`2) CT] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20141121
`
`

`

`Application/Control Number: 13/931 ,857
`Art Unit: 2653
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`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 for the rejection will not be considered a new groundof
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`3.
`
`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 madein this Office action:
`
`A personshall 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 effectivefiling date of the claimed
`invention.
`
`4.
`
`Claims 1-21 are rejected under 35 U.S.C. 102a as being anticipated by Thomas
`
`(US 7,027,659 B1).
`
`As to claim 1, Thomas discloses a method, comprising:
`
`receiving video at a video visitation device in a secure environment [column
`
`10, lines 25-38];
`
`

`

`Application/Control Number: 13/931 ,857
`Art Unit: 2653
`
`Page 3
`
`adjusting a depth of field parameter for the video, such that an image of a
`
`first object at a first distance from the videovisitation device is in focus and an
`
`image of a second object at a second distance from the videovisitation device is
`
`blurred [column 12, lines 23-40]; and
`
`providing the video to a viewing device located outside of the secure
`
`environment [column 12, lines 41-47].
`
`Asto claims 2-7, Thomasdiscloses a method of claim 1 [column 12, line 48 to
`
`column 18, line3].
`
`Asto claim 8, Thomasdisclosesall the limitations of claim 8 as stated in claim
`
`1’s rejection above.
`
`Furthermore, Thomasdiscloses a tangible computer readable medium [column
`
`10, lines 25-27].
`
`Asto claims 9-13, Thomasdiscloses a tangible computer readable medium of
`
`claim 8 [column 12, line 48 to column 13, line3].
`
`As to claim 14, Thomasdisclosesall the limitations of claim 14 as stated in claim
`
`1’s rejection above.
`
`

`

`Application/Control Number: 13/931 ,857
`Art Unit: 2653
`
`Page 4
`
`Asto claims 15-21, Thomas discloses a system of claim 8 [column 12, line 48 to
`
`column 18, line3].
`
`Conclusion
`
`5.
`
`The prior art madeof record and not relied upon is considered pertinent to
`
`applicant's disclosure. See PTO-892 form.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to GERALD GAUTHIER whosetelephone numberis
`
`(571)272-7539. The examiner can normally be reached on 8:00 AM to 4:30 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Fan Tsang can be reached on (571) 272-7547. The fax phone numberfor
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 13/931 ,857
`Art Unit: 2653
`
`Page 5
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`November 24, 2014
`
`/GERALD GAUTHIER/
`Primary Examiner, Art Unit 2653
`
`

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