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 .
Response to Amendment
In the amendments filed September 25th, 2025, the following has occurred: claims 1 and 13 have been amended; claims 1-3, 5-7 and 9-13, and 15-18 remain pending in this application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5, 9, 11-13, and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barjatia et al. (US 20170299425 A1, “Barjatia”) in view of Pandharipande (US 20150331093 A1, “Pandharipande”) and Elwell (US 20070182580 A1, “Elwell”).
Regarding claim 1, Barjatia discloses a system for evaluating a characteristic of a portion of a building space, comprising: a plurality of speakers ([0023], multiple speakers may be placed in the room); a plurality of microphones([0025], multiple microphones may be placed in the room); a plurality of pairs, each pair including at least one of the plurality of microphones and at least one of the plurality of speakers, each pair forming one of a plurality of audio multipath transmission channels, and at least one of the plurality of pairs being associated with at least one of one or more detection areas within the portion of the building space([0025] microphones receive direct sound waves as well as reflected multipath waves emitted from speaker210)(It is the examiner’s interpretation that a microphone receiving a sound wave generated by a speaker creates a pairing between said microphone and said speaker, and in an environment with multiple speakers and multiple microphones, the creation of a plurality of pairs would implicitly occur)(it is the examiner’s interpretation that the multipath transmission channel(s) are associated with the room the speaker and microphone elements which constitutes a detection area); determine a characteristic channel response matrix based on the audio samples and the audio signals([0020] The acoustic presence detection application 217 further includes an adaptive filter 119 that adaptively estimates an audio signal received by a microphone based on modifying a source audio signal, such as a signal transmitted to a speaker as modified by the impulse response of the room.)([0031]-[0034], describes a process for training the adaptive filter by generating a baseline impulse response by using transmitted signals sent to the speaker(s) by the media system which are then converted into sound waves and transmitted into the room)(it is the examiner’s interpretation that in the embodiment comprising multiple speakers and microphones, the impulse response would be a channel response matrix); and evaluate the characteristic of the portion of the building space based on the characteristic channel response matrix and the baseline channel response matrix.([0036], As a result, adaptive filter 119 may be more sensitive to changes in the room impulse response 220 leading to improved detection sensitivity.); select one or more of the plurality of speakers based on a baseline channel response matrix and the activated microphones, the baseline channel response matrix representing a plurality of audio transmission channels between the plurality of pairs of the one or more of the plurality of microphones and the one or more of the plurality of speakers of the portion of the building;([0035], in detection mode, adaptive filter continuously generates a signal based on the parameters established in training mode)(it is the examiner’s interpretation that the parameters established in training mode include the impulse response which are based on the activated microphones. It is the examiner’s interpretation that this indicates that the speakers selected during detection mode implicitly are based on the baseline impulse response response from training mode as well as the activated microphones and that the impulse response represents an audio transmission channel between the speakers and the microphones); wherein the controller is configured to determine the baseline channel response matrix by (i) activating each of the plurality of microphones to capture one or more baseline audio samples, (ii) transmitting a baseline command signal to each of the plurality of speakers while the building space is in a baseline condition in which the building space is unoccupied, each of the speakers being configured to generate a plurality of baseline audio signals based on the baseline command signal, and (iii) calculating the baseline channel response matrix based on the baseline audio signals and the baseline audio samples(([0031]-[0035], describes a process for training the adaptive filter by generating a baseline impulse response by using transmitted signals sent to the speaker(s) by the media system which are then converted into sound waves and transmitted into the room in order to generate a baseline error signal. In detection mode, the adaptive filter continuously generates a signal based on the identified baseline adaptive filter parameters and if no occupancy is detected in the room, the error signal remains at zero indicating no change in the environment has occurred. If a person enters the room, the magnitude of the error signal increases, which indicates a change in occupancy detection)
Barjatia may not explicitly teach a controller communicatively coupled to each of the plurality of speakers and to each of the plurality of microphones, the controller being configured to: select one or more of the one or more detection areas; activate one or more of the plurality of microphones to capture one or more audio samples, each of the activated microphones corresponding to at least one of the pairs associated with one or more of the selected detection areas; transmit a command signal to each of the selected speakers, the selected speakers being configured to generate a plurality of audio signals based on the command signal; and a user interface configured to receive one or more detection area selections from a user, the one or more detection area selections being one or more corresponding geographic areas within the portion of the building space.
Pandharipande teaches a controller communicatively coupled to each of the plurality of speakers and to each of the plurality of microphones, the controller being configured to: select one or more of the one or more detection areas; activate one or more of the plurality of microphones to capture one or more audio samples, each of the activated microphones corresponding to at least one of the pairs associated with one or more of the selected detection areas([0031], sensor (102) comprises a sensing logic (114) operatively coupled to an ultrasonic transmitter, receiver, as well as the clock in order to process received signals)(it is the examiner’s interpretation that the logic coordinating the transmission (timing logic (116) and reception (sensing logic 114) of pulses would implicitly include selecting a detection area due to the sensor being located in a detection area); transmit a command signal to each of the selected speakers, the selected speakers being configured to generate a plurality of audio signals based on the command signal;([0031], The timing logic 116 is configured to controlling the timing of the pulses transmitted from the transmitter 108 under the influence of the clock 107)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic presence detection, before the effective filing date of the claimed invention, to modify the system of Barjatia, to include the controller of Pandharipande with a reasonable expectation of success, with the motivation of being able to adjust transmission times of pulses from the transmitter to ensure the receiver only receives pulses from its associated transmitter [0009].
Barjatia, as modified in view of Pandharipande may not explicitly teach and a user interface configured to receive one or more detection area selections from a user, the one or more detection area selections being one or more corresponding geographic areas within the portion of the building space.
Elwell teaches and a user interface configured to receive one or more detection area selections from a user, the one or more detection area selections being one or more corresponding geographic areas within the portion of the building space. ([0139], the user of the sensor status GUI may select a number of options relating to the plurality of occupancy sensors including timing control, manual operation control, threshold values, etc.)(it is the examiner’s interpretation that this constitutes a detection area selection from the user at a user interface)([0140]-[0142] additionally teach using a user remote control to select sensors with a given network address and control their operation. It is the examiner’s interpretation that these sensors implicitly correspond to a respective detection area and the selection of various parameters of operation for the respective sensors corresponds to selecting a detection area which correspond to a geographic area of operation of the sensor).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic presence detection, before the effective filing date of the claimed invention, to modify the system of Barjatia, as modified in view of Pandharipande, to include the detection area user interface selection of Elwell with a reasonable expectation of success, with the motivation of being able to updating occupancy sensor settings based on a user preferences [0143].
Regarding claim 2, Barjatia, as modified in view Pandharipande and Elwell, teaches the system of claim 1. Pandharipande further teaches comprising a plurality of luminaires, wherein each luminaire comprises one or more of the plurality of microphones ([0030]-[0031], sensor comprises a transmitter and receiver (microphone) as well as a port for connecting to a part of a lighting system of one or more luminaires).
Regarding claim 3, Barjatia, as modified in view Pandharipande and Elwell, teaches the system of claim 2. Pandharipande further teaches wherein each of the plurality of speakers are arranged in the building space apart from the plurality of luminaires([0030]-[0031], sensor comprises a transmitter and receiver (microphone) as well as a port for connecting to a part of a lighting system of one or more luminaires)(Fig. 1 illustrates sensor device (102) which contains a transmitter (108) as well as a connecting port (110) for connecting to a lighting control system (112) which comprises one or more luminaires and is located at a distance from the sensor (102)).
Regarding claim 5, Barjatia, as modified in view Pandharipande and Elwell, teaches the system of claim 1. Pandharipande further teaches wherein the selected speakers are configured to sequentially transmit one of the plurality of audio signals ([0040], each of the sensors is to transmit on a different respective time slot over a plurality of frames. Thus when transmitting, each of the transmitters transmits one or more of the pulses on its respective time slot per frame.).
Regarding claim 9, Barjatia, as modified in view of Pandharipande and Elwell, teaches the system of claim 1. Panharipande further teaches wherein each of the plurality of speakers are directional (Implicit, [0033] each of the sensors may be mounted at a different spot and directed in a different respective direction)([0035] sensing logic in each sensor is arranged to sense presence-related information from a respective coverage region).
Regarding claim 11 Barjatia, as modified in view Pandharipande and Elwell, teaches the system of claim 1. Pandharipande further teaches wherein each of the plurality of audio signals has a frequency greater than or equal to 16 kHz. (Implicit, [0030] transmitters are ultrasonic transmitters)(it is the examiner’s interpretation that as the transmitters are ultrasonic transmitters, their transmitted signals would have a frequency greater than 16 kHz)
Regarding claim 12, Barjatia, as modified in view Pandharipande and Elwell, teaches the system of claim 1. Elwell further teaches further comprising a commissioning subsystem configured to associate one or more of the plurality of pairs with one or more of the one or more detection areas.([0055], occupancy sensor 100 includes an acoustic transmitter 102, an acoustic receiver 104)([0122], the user of the remote control and monitoring 122 may select updating the room/occupant data 3202a2 for the occupancy sensor in step 3210.)
Regarding claim 13, the claim is a method claim corresponding to claim 1 and is therefore rejected for the same reasons.
Regarding claim 15, the claim is a method claim corresponding to claim 12 and is therefore rejected for the same reasons.
Regarding claim 16, Barjatia, as modified in view of Pandharipande and Elwell, teaches the system of claim 1. Pandharipande further teaches wherein prior to the selected speakers generating the plurality of audio signals based on the command signal, the at least one of the plurality of microphones and the at least one of the plurality of speakers are formed into one of the plurality of pairs and each pair of the plurality of pairs is pre-associated with the at least one of one or more detection areas.([0031], Fig. 1 and 2a, each sensor (102) comprises its own transmitter (108) and receiver (109), which corresponds to a detection area which the sensor is connected to via port (110) for controlling a specific lighting control element (112) for one or more luminaires)(it is the examiner’s interpretation that as each sensor is connected to a specific lighting control element in pairs prior to the transmission of a control signal, the citation reads on the claim limitation)
Regarding claim 17, Barjatia, as modified in view of Pandharipande and Elwell, teaches the system of claim 1. Pandharipande further teaches wherein each of the plurality of audio multipath transmission channels is narrow at a point of transmission from the speaker of each pair of the plurality of pairs, wide in a middle of the audio multipath transmission channel, and narrow at a point of reception by the microphone of each pair.([0035], Fig. 2b, each sensor is arranged to sense presence related information in a respective coverage area. It can be seen from Fig. 2b that the transmission point is narrow and becomes wide in the middle of the audio transmission channel and would ultimately return to being narrow at the point of receipt for receiver (109) which is part of the sensor (102))([0030] sensor (102) senses presence in the form of reflected pulses off of beings or other objects in the environment, indicating that the received pulses are multipath in nature)
Regarding claim 18, Barjatia, as modified in view of Pandharipande and Elwell, teaches the system of claim 17. Pandharipande further wherein at least one of the plurality of audio multipath transmission channels comprises multiple audio paths between the speaker and the microphone of the corresponding pair due to reflections of a corresponding audio signal from the plurality of audio signals.([0030] sensor (102) senses presence in the form of reflected pulses off of beings or other objects in the environment, indicating that the received pulses are multipath in nature)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barjatia in view of Pandharipande, Elwell, and Pandharipande et al. (JP 6072933 B2, “Pandharipande 2”).
Regarding claim 6, Barjatia, as modified in view Pandharipande and Elwell, teaches the system of claim 1. Barjatia, as modified in view Pandharipande and Elwell may not explicitly teach wherein the selected speakers are configured to simultaneously transmit one of the plurality of audio signals.
Pandharipande 2 teaches wherein the selected speakers are configured to simultaneously transmit one of the plurality of audio signals ([attached machine translation, Pg. 5], each ultrasonic sensor has a transmitter)([attached machine translation, Pg. 6], transmissions from the plurality of sensors are synchronized in time and frequency as part of a simultaneous transmission protocol).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic presence detection, before the effective filing date of the claimed invention, to modify the system of Barjatia, as modified in view of Pandharipande and Elwell, to include the simultaneous transmission protocol of Pandharipande 2 with a reasonable expectation of success, with the motivation of determining presence of an occupant in a physical area covered by respective sensor units [attached machine translation, Pg. 6].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barjatia in view of Pandharipande, Elwell, Pandharipande 2, and Alloulah et al. ("An efficient CDMA core for indoor acoustic position sensing," 2010 International Conference on Indoor Positioning and Indoor Navigation, Zurich, Switzerland, 2010, pp. 1-5, “Alloulah”).
Regarding claim 7, Barjatia, as modified in view Pandharipande, Elwell, and Pandharipande 2, teaches he system of claim 6. Barjatia, as modified in view Pandharipande, Elwell, and Pandharipande 2 may not explicitly teach wherein the audio signals transmitted simultaneously are orthogonal.
Alloulah teaches wherein the audio signals transmitted simultaneously are orthogonal. (Pg. 1, Abstract], An ultrasonic multi-code despreader is proposed, allowing simultaneous broadband acoustic ranging signals to be processed in real time by embedded sensors. )( To this end, we adapt architectures from the spread spectrum and radar literature to create an efficient and accurate despreader for direct sequence spread spectrum (DSSS), code division multiple access (CDMA) broadband ultrasonic signals.)(it is the examiner’s interpretation that as the signals are DSSS signals, they are implicitly orthogonal, as noted in applicant’s specification at Pg. 13)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic presence detection, before the effective filing date of the claimed invention, to modify the system of Barjatia, as modified in view of Pandharipande, Elwell, and Pandharipande 2, to include the simultaneous orthogonal signal transmission of Alloulah with a reasonable expectation of success, with the motivation of being able to identify source transmitters from a received signal when multiple signals are transmitted concurrently [Pg. 2].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barjatia in view of Pandharipande, Elwell, and Arulandu et al. (US 20160095190 A1, “Arulandu”).
Regarding claim 10, Barjatia, as modified in view of Pandharipande and Elwell, teaches the system of claim 1. Barjatia, as modified in view of Pandharipande and Elwell, may not explicitly teach wherein each of the plurality of microphones are omnidirectional.
Arulandu teaches wherein each of the plurality of microphones are omnidirectional. ([0037], the ultrasonic transceiver of each luminaire is omnidirectional)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic presence detection, before the effective filing date of the claimed invention, to modify the system of Barjatia, as modified in view of Pandharipande and Elwell, to include the omnidirectional transceiver of Arulandu with a reasonable expectation of success, with the motivation of being able to install the luminaires in any position without any particular planning [0037].
Response to Arguments
Applicant's arguments filed September 25th, 2025 have been fully considered but they are not persuasive. On pg. 1-2 of Applicant’s Remarks, Applicant argues that Barjatia, as modified in view of Pandharipande and Elwell fail to teach the limitations of claims 1 and 13 for the following reasons:
Barjatia teaches using a training signal and adaptive filter and therefore fails to teach the limitations of “"the baseline channel response matrix by (i) activating each of the plurality of microphones to capture one or more baseline audio samples, (ii) transmitting a baseline command signal to each of the plurality of speakers while the building space is in baseline condition in which the building space is unoccupied, each of the speakers being configured to generate a plurality of baseline audio signals based on the baseline command signal, and (iii) calculating the baseline channel response matrix based on the baseline audio signals and the baseline audio samples."
With respect to (1), the examiner agrees that Barjatia teaches using training signals and an adaptive filter in order to reflect changes in room occupancy, however the examiner disagrees that this teaching precludes Barjatia from reading upon the amended claim limitations. For example, Barjatia at [0031]-[0035] discloses a process for calibrating an acoustic presence detector in which a speaker transmits an appropriate training signal comprising white noise or music, which is then used to calibrate an adaptive filter which adjusts parameters in order to determine an error signal. This initial error signal, which is representative of the environmental conditions within a space, is then used as a baseline in order to compare whether future error signals have increased or decrease. In detection mode, if no change in the environment has occurred, then the error signal remains at zero indicating there is no change in occupancy. If an object such as a person enters the room, the resultant error signal will increase in magnitude in reference to the training mode error signal, thus indicating a change in occupancy. This indicates that the training mode signal transmission and reception, along with the initial adaptive filter parameters and error signals, equates to the microphone capturing baseline audio signals when the room is in a reference (baseline) state, and then establishing a baseline channel response, from which subsequent detection mode measurements will be compared to. Therefore the rejections of claims 1-5, 9, and 11-18 are maintained under 35 U.S.C. 103 over Barjatia in view of Pandharipande and Elwell.
On pg. 2-3 of Applicant’s Remarks, Applicant argues that due to the alleged allowability of claim 1, that claim 6, 7, and 10 are therefore in condition for allowance. As noted in the response to arguments with respect to claim 1, above, the rejection of claim 1 has been maintained and therefore so are the rejections of claims 6, 7, and 10 under 35 U.S.C. 103
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
White et al. (US 20190214019 A1) which discloses a system for occupancy counting by sound
Koteshawara (US 10795018 B1) which discloses methods and systems for presence detection using ultrasonic signals
Altman (US 20160154089 A1) which discloses a method and apparatus for performing ultrasonic presence detection
Dowling et al. (US 20030222587 A1) which discloses a universal lighting network methods and systems
Nolan et al. (US 20160345414 A1) which discloses a lighting system control mobile terminal which utilizes occupancy sensors and provides a user interface for selecting detection regions
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RICHARD WALKER whose telephone number is (571)272-6136. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645