Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/28/2026 has been entered.
Claim Objections
The objection to Claim 22 is withdrawn based on the amendment filed on 1/28/2026.
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 1, 3-6, 10, 12-14, and 16-22, and 25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Is the Claim to a Process, Machine, Manufacture or Composition of Matter?
Claim 1 recites a prediction system, claim 19 recites a prediction method, and Claim 20 recites a non-transitory computer readable medium. Thus, the claims are to a system, method, and manufacture, which are among the statutory categories of invention.
Step 2A: Prong One: Does the Claim Recite an Abstract Idea?
Independent claim 1 recites:
A carbon dioxide concentration prediction system comprising:
a prediction unit configured to predict, based on a current carbon dioxide concentration of an internal space in a prediction target and environment information in the prediction target, a carbon dioxide concentration of the internal space [the examiner finds that the foregoing underlined element recites mathematical concepts, and also a mental process because they can be performed by a human using pen and paper]; and
a provision unit configured to provide the carbon dioxide concentration predicted by the prediction unit, wherein
the internal space contains a gas including carbon dioxide,
the environment information further includes air flow information in the internal space,
the air flow information includes at least one of information of a supply unit configured to supply an external gas outside the internal space to the internal space or information of an exhaust unit configured to evacuate an internal gas that is the gas in the internal space to outside of the internal space,
the information of the supply unit, the information of the exhaust unit, and information of an air cleaner not involved in the supply of the external gas to the internal space include an expense from an operation of the supply unit, the exhaust unit, and the air cleaner,
the prediction unit is configured to predict at least one of a first concentration that is the carbon dioxide concentration in a current operation state of the supply unit and the exhaust unit, a second concentration that is the carbon dioxide concentration in a case where at least one of the supply unit or the exhaust unit has changed from the current operation state, or the expense in a case where the carbon dioxide concentration is the second concentration [the examiner finds that the foregoing underlined element recites mathematical concepts, and also a mental process because they can be performed by a human using pen and paper], and
the provision unit is configured to provide at least one of the current carbon dioxide concentration, the first concentration, the second concentration, or the expense;
wherein the prediction unit is configured to control at least one of the supply unit or the exhaust unit such that based on the predicted second concentration, the carbon dioxide concentration of the internal space is set to be lower than or equal to a threshold concentration that is determined according to the risk of infection in a region and/or during each period [the examiner finds that the foregoing underlined element recites mathematical concepts, and also a mental process because they can be performed by a human using pen and paper].
Step 2A: Prong Two: Does the Claim Recite Additional Elements That Integrate The Abstract Idea Into a Practical Application?
The elements that are not underlined above are the additional elements (i.e., the prediction unit, “a provision unit configured to provide the carbon dioxide concentration predicted by the prediction unit”, “the internal space contains a gas including carbon dioxide”, “the environment information further includes air flow information in the internal space”, “the air flow information includes at least one of information of a supply unit configured to supply an external gas outside the internal space to the internal space or information of an exhaust unit configured to evacuate an internal gas that is the gas in the internal space to outside of the internal space”, “the information of the supply unit, the information of the exhaust unit, and information of an air cleaner not involved in the supply of the external gas to the internal space include an expense from an operation of the supply unit, the exhaust unit, and the air cleaner”, “the provision unit is configured to provide at least one of the current carbon dioxide concentration, the first concentration, the second concentration, or the expense”; and “wherein the prediction unit is configured to control at least one of the supply unit or the exhaust unit such that based on the predicted second concentration, the carbon dioxide concentration of the internal space is set to be lower than or equal to a threshold concentration”).
The examiner submits that each of the following additional elements does no more than generally link the use of the abstract idea to a particular technological environment or field of use because they are merely an incidental or token addition to the claim that does not alter or affect how the process steps of the abstract idea are performed. The prediction unit is broadly claimed and merely recites use of generic computer hardware to implement the abstract idea (i.e., the predicting step). The elements “the internal space contains a gas including carbon dioxide”, “the environment information further includes air flow information in the internal space”, “the air flow information includes at least one of information of a supply unit configured to supply an external gas outside the internal space to the internal space or information of an exhaust unit configured to evacuate an internal gas that is the gas in the internal space to outside of the internal space”, and “the information of the supply unit, the information of the exhaust unit, and information of an air cleaner not involved in the supply of the external gas to the internal space include an expense from an operation of the supply unit, the exhaust unit, and the air cleaner” recite mere gathering of data for use in the abstract idea; and “a provision unit configured to provide the carbon dioxide concentration predicted by the prediction unit” and “the provision unit is configured to provide at least one of the current carbon dioxide concentration, the first concentration, the second concentration, or the expense” are merely outputting a result of the abstract idea (see MPEP 2106.05(g)). The controlling of the carbon dioxide concentration is merely an insignificant application of a result of the abstract idea to a generic HVAC system (see MPEP 2106.05(g)).
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Step 2B: Does the Claim Recite Additional Elements That Amount to Significantly More Than the Abstract Idea?
The examiner submits that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application. Independent Claim 19 and 20 recite essentially the same features as Claim 1, and are also not patent eligible.
Dependent Claims 1-6, 10, 12-14, and 16-18, and 21-25 are also not patent eligible. Dependent Claim 2 merely recites an insignificant application of a result of the abstract idea (see MPEP 2106.05(g)). Dependent Claims 3-6, 10, 12-14, 18, and 21-25 merely recite further details of the mathematical concepts and/or mental process, and/or mere gathering of data for use in the mathematical concepts and/or mental process. Claims 16-17 further merely recite use of generic components (the plurality of terminals) and generic computer hardware (the determination unit and storage unit) to implement the abstract idea, in addition to mere outputting of a result of the abstract idea (the warning information).
Claim Rejections - 35 USC § 103
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) 1, 3-6 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (U.S. Pub. No. 2019/0264940, hereinafter “Lee”) in view of Komae (WO-2018061147-A1) and Hiramatsu (U.S. Pub. No. 2023/0277709).
Regarding Claim 1, Lee teaches a carbon dioxide concentration prediction system (Figs. 9-12) comprising: a prediction unit (server 1210) configured to predict, based on a current carbon dioxide concentration of an internal space in a prediction target and environment information in the prediction target, a carbon dioxide concentration of the internal space (Fig. 9, block 915, Fig. 10, block 1013, and Fig. 11, block 1117); and a provision unit configured to provide the carbon dioxide concentration predicted by the prediction unit (CO2 concentration determined in Fig. 9, block 915 is output to ventilating apparatus control, paragraph [0148], and CO2 concentration determined in Fig. 10, block 1013, and Fig. 11, block 1117 are output to the ventilation schedule selection step, paragraphs [0163] and [0171]), wherein the internal space contains a gas including carbon dioxide (Figs. 9-12), the environment information further includes air flow information in the internal space, the air flow information includes at least one of information of a supply unit configured to supply an external gas outside the internal space to the internal space or information of an exhaust unit configured to evacuate an internal gas that is the gas in the internal space to outside of the internal space (ventilating apparatus 1220 and air conditioning apparatus 1230, Fig. 9, block 911, Fig. 10, block 1011 and Fig. 11, block 1111), the information of the supply unit and the information of the exhaust unit include an expense from an operation of the supply unit and the exhaust unit (paragraphs [0155], [0164] and [0170], energy), the prediction unit is configured to predict at least one of a first concentration that is the carbon dioxide concentration in a current operation state of the supply unit and the exhaust unit (paragraphs [0148], [0163] and [0171]), a second concentration that is the carbon dioxide concentration in a case where at least one of the supply unit or the exhaust unit has changed from the current operation state (paragraphs [0148], [0163] and [0171]), or the expense in a case where the carbon dioxide concentration is the second concentration (no patentable weight due to “or”), and the provision unit is configured to provide at least one of the current carbon dioxide concentration, the first concentration, the second concentration, or the expense (CO2 concentration determined in Fig. 9, block 915 is output to ventilating apparatus control, paragraph [0148], and CO2 concentration determined in Fig. 10, block 1013, and Fig. 11, block 1117 are output to the ventilation schedule selection step, paragraphs [0163] and [0171]); wherein the prediction unit is configured to control at least one of the supply unit or the exhaust unit such that based on the predicted second concentration, the carbon dioxide concentration of the internal space is set to be lower than or equal to a threshold concentration (target CO2 concentration, paragraphs [0162] and [0171]).
Lee does not specifically teach information of an air cleaner not involved in the supply of the external gas to the internal space that includes an expense from operation of the air cleaner. However, Komae teaches this on page 5 in the second full paragraph (HEMS 240 that measures power consumption of air purifier 230; power consumption is equated to claimed expense). It would have been obvious to one skilled in the art before the effective filing date of the invention to include an air purifier, and power consumption information for an air purifier, as is taught in Komae, in the system of Lee, in order to quickly eliminate indoor air pollution (see Komae, Abstract).
Lee does not specifically teach a threshold concentration that is determined according to a risk of infection in a region (no patentable weight due to and/or) during each period. However, Hiramatsu teaches, in paragraphs [0089]-[0090] and [0160], determining a target CO2 concentration in an indoor space that is determined based on an infection probability (it is noted that the infection probability would be associated with a period). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the target CO2 concentration determination of Hiramatsu in the system of Lee, in order to prevent transmission of infectious material to persons (see Hiramatsu, paragraph [0161]).
Regarding Claim 3, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the prediction unit is configured to further predict a change over time of the carbon dioxide concentration in the prediction target from the current carbon dioxide concentration to the carbon dioxide concentration predicted based on the current carbon dioxide concentration and the environment information (paragraph [0163], CO2 concentration change), and the provision unit is configured to further provide the change over time of the carbon dioxide concentration (CO2 concentration change determined in Fig. 10, block 1013 is output to the ventilation schedule selection step, paragraph [0163]).
Regarding Claim 4, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the first concentration is the carbon dioxide concentration in a state in which the supply unit and the exhaust unit are not operated, and the second concentration is the carbon dioxide concentration in a state in which at least one of the supply unit or the exhaust unit is operated (paragraph [0148], ventilating operation is turned on and off based on CO2 concentration).
Regarding Claim 5, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the prediction unit is configured to predict the carbon dioxide concentration of the internal space and the expense for each of operation states of at least one of the supply unit or the exhaust unit (paragraphs [0163]-[0164], CO2 concentration and energy for cooling/heading schedules), and the provision unit is configured to provide the carbon dioxide concentration of the internal space and the expense which are predicted by the prediction unit for each of the operation states (paragraphs [0163]-[0164], determined CO2 concentrations and energy are output to schedule selection step).
Regarding Claim 6, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the prediction unit is configured to further predict, based on the current carbon dioxide concentration and the first concentration, operation start timing of at least one of the supply unit or the exhaust unit, and further predict a third concentration that is the carbon dioxide concentration in a case where an operation of at least one of the supply unit or the exhaust unit is started at the operation start timing (paragraphs [0163] and [0171], schedules), and the provision unit is configured to further provide at least one of the operation start timing or the third concentration paragraphs [0163] and [0171], determined CO2 concentrations and schedules are output to schedule selection step).
Regarding Claim 18, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the prediction unit is configured to further predict, based on the current carbon dioxide concentration and the predicted carbon dioxide concentration of the internal space, operation start timing of at least one of the supply unit or the exhaust unit, and further predict a fourth concentration that is the carbon dioxide concentration in a case where an operation of at least one of the supply unit or the exhaust unit is started at the operation start timing (paragraph [0163] and [0171], CO2 concentrations and ventilating schedules), and the provision unit is configured to further provide at least one of the operation start timing or the fourth concentration (ventilating schedules are output, paragraph [0164] and [0171]).
Regarding Claim 19, Lee teaches a carbon dioxide concentration prediction method (Figs. 9-12) comprising: predicting, by a prediction unit (server 1210), based on a current carbon dioxide concentration of an internal space in a prediction target and environment information in the prediction target, a carbon dioxide concentration of the internal space (Fig. 9, block 915, Fig. 10, block 1013, and Fig. 11, block 1117, server 1210); and providing, by a provision unit, the carbon dioxide concentration predicted in the predicting (CO2 concentration determined in Fig. 9, block 915 is output to ventilating apparatus control, paragraph [0148], and CO2 concentration determined in Fig. 10, block 1013, and Fig. 11, block 1117 are output to the ventilation schedule selection step, paragraphs [0163] and [0171]), wherein the internal space contains a gas including carbon dioxide (Figs. 9-12), the environment information further includes air flow information in the internal space, the air flow information includes at least one of information of a supply unit configured to supply an external gas outside the internal space to the internal space or information of an exhaust unit configured to evacuate an internal gas that is the gas in the internal space to outside of the internal space (ventilating apparatus 1220 and air conditioning apparatus 1230, Fig. 9, block 911, Fig. 10, block 1011 and Fig. 11, block 1111), the information of the supply unit and the information of the exhaust unit include an expense from an operation of the supply unit and the exhaust unit (paragraphs [0155], [0164] and [0170], energy), the predicting includes predicting, by the prediction unit, at least one of a first concentration that is the carbon dioxide concentration in a current operation state of the supply unit and the exhaust unit (paragraphs [0148], [0163] and [0171]), a second concentration that is the carbon dioxide concentration in a case where at least one of the supply unit or the exhaust unit has changed from the current operation state (paragraphs [0148], [0163] and [0171]), or the expense in a case where the carbon dioxide concentration is the second concentration (no patentable weight due to “or”), and the providing includes providing, by the provision unit, at least one of the current carbon dioxide concentration, the first concentration, the second concentration, or the expense (CO2 concentration determined in Fig. 9, block 915 is output to ventilating apparatus control, paragraph [0148], and CO2 concentration determined in Fig. 10, block 1013, and Fig. 11, block 1117 are output to the ventilation schedule selection step, paragraphs [0163] and [0171]); wherein the predicting, by the prediction unit, includes controlling at least one of the supply unit or the exhaust unit such that based on the predicted second concentration, the carbon dioxide concentration of the internal space is set to be lower than or equal to a threshold concentration (target CO2 concentration, paragraphs [0162] and [0171]).
Lee does not specifically teach information of an air cleaner not involved in the supply of the external gas to the internal space that includes an expense from operation of the air cleaner. However, Komae teaches this on page 5 in the second full paragraph (HEMS 240 that measures power consumption of air purifier 230; power consumption is equated to claimed expense). It would have been obvious to one skilled in the art before the effective filing date of the invention to include an air purifier, and power consumption information for an air purifier, as is taught in Komae, in the system of Lee, in order to quickly eliminate indoor air pollution (see Komae, Abstract).
Lee does not specifically teach a threshold concentration that is determined according to a risk of infection in a region (no patentable weight due to and/or) during each period. However, Hiramatsu teaches, in paragraphs [0089]-[0090] and [0160], determining a target CO2 concentration in an indoor space that is determined based on an infection probability (it is noted that the infection probability would be associated with a period). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the target CO2 concentration determination of Hiramatsu in the system of Lee, in order to prevent transmission of infectious material to persons (see Hiramatsu, paragraph [0161]).
Regarding Claim 20, Lee teaches a non-transitory computer readable medium having recorded thereon a program that, when executed by a computer, causes the computer to perform operations (paragraphs [0348]-[0351]) comprising: predicting, based on a current carbon dioxide concentration of an internal space in a prediction target and environment information in the prediction target, a carbon dioxide concentration of the internal space (Fig. 9, block 915, Fig. 10, block 1013, and Fig. 11, block 1117, server 1210), wherein the internal space contains a gas including carbon dioxide (Figs. 9-12), the environment information further includes air flow information in the internal space, the air flow information includes at least one of information of a supply unit configured to supply an external gas outside the internal space to the internal space or information of an exhaust unit configured to evacuate an internal gas that is the gas in the internal space to outside of the internal space (ventilating apparatus 1220 and air conditioning apparatus 1230, Fig. 9, block 911, Fig. 10, block 1011 and Fig. 11, block 1111), the information of the supply unit and the information of the exhaust unit include an expense from an operation of the supply unit and the exhaust unit (paragraphs [0155], [0164] and [0170], energy), the predicting includes predicting at least one of a first concentration that is the carbon dioxide concentration in a current operation state of the supply unit and the exhaust unit (paragraphs [0148], [0163] and [0171]), a second concentration that is the carbon dioxide concentration in a case where at least one of the supply unit or the exhaust unit has changed from the current operation state (paragraphs [0148], [0163] and [0171]), or the expense in a case where the carbon dioxide concentration is the second concentration (no patentable weight due to “or”); and providing the carbon dioxide concentration predicted in the predicting, wherein the providing includes providing at least one of the current carbon dioxide concentration, the first concentration, the second concentration, or the expense (CO2 concentration determined in Fig. 9, block 915 is output to ventilating apparatus control, paragraph [0148], and CO2 concentration determined in Fig. 10, block 1013, and Fig. 11, block 1117 are output to the ventilation schedule selection step, paragraphs [0163] and [0171]); wherein the predicting includes controlling at least one of the supply unit or the exhaust unit such that based on the predicted second concentration, the carbon dioxide concentration of the internal space is set to be lower than or equal to a threshold concentration (target CO2 concentration, paragraphs [0162] and [0171]).
Lee does not specifically teach information of an air cleaner not involved in the supply of the external gas to the internal space that includes an expense from operation of the air cleaner. However, Komae teaches this on page 5 in the second full paragraph (HEMS 240 that measures power consumption of air purifier 230; power consumption is equated to claimed expense). It would have been obvious to one skilled in the art before the effective filing date of the invention to include an air purifier, and power consumption information for an air purifier, as is taught in Komae, in the system of Lee, in order to quickly eliminate indoor air pollution (see Komae, Abstract).
Lee does not specifically teach a threshold concentration that is determined according to a risk of infection in a region (no patentable weight due to and/or) during each period. However, Hiramatsu teaches, in paragraphs [0089]-[0090] and [0160], determining a target CO2 concentration in an indoor space that is determined based on an infection probability (it is noted that the infection probability would be associated with a period). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the target CO2 concentration determination of Hiramatsu in the system of Lee, in order to prevent transmission of infectious material to persons (see Hiramatsu, paragraph [0161]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Komae, Hiramatsu, and Ling et al (U.S. Pub. No. 2013/0210351, hereinafter “Ling”).
Regarding Claim 10, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the prediction unit is configured to further predict a size of the internal space further predict the carbon dioxide concentration of the internal space further based on the predicted size of the internal space (paragraphs [0240]-[0241], predicting CO2 concentration based on size of a default zone, e.g., a room). Lee does not specifically teach predicting the size based on an image of the internal space which is captured by an image capturing unit, However, Lee does teach a camera in paragraph [0232]. Further, Ling teaches in paragraph [0162] determining a size of a room based on images of the room captured via a camera. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the room size determination taught in Ling in the system of Lee, in order to accurately determine parameters for configuring the system (see Ling, paragraph [0162]).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Komae, Hiramatsu, and Lee (WO-2017135628-A1, hereinafter “Lee2”).
Regarding Claim 12, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee does not specifically teach wherein the environment information includes motion information of the living subject existing in the internal space, and the prediction unit is configured to further predict the carbon dioxide concentration of the internal space further based on the motion information of the living subject. However, Lee does teach predicting CO2 concentration based on occupancy, i.e., living subjects (Fig. 17, paragraphs [0231]-[0234]), and also teaches a camera in paragraph [0232]. Further, Lee2 teaches using a camera to recognize movement of occupants in order to determine occupancy, and driving an HVAC system by predicting carbon dioxide emission by transmitting the occupancy information on page 4, fifth, tenth, and eleventh paragraphs. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the movement detection of Lee2 in the system of Lee, in order to accurately measure information on the number of occupants (see Lee2, page 3, ADAVANTAGEOUS-EFFECTS section).
Regarding Claim 13, Lee in view of Komae, Hiramatsu, and Lee2 teaches everything that is claimed above with respect to Claim 12. Lee does not specifically teach wherein the prediction unit is configured to acquire the motion information of the living subject based on at least one of an image of the internal space which is captured by an image capturing unit or a sound of the living subject which is acquired by an audio acquisition unit (no patentable weight due to “or”). However, Lee does teach a camera in paragraph [0232]. Further, Lee2 teaches using a camera to recognize movement of occupants (i.e. capture images) in order to determine occupancy, and driving an HVAC system by predicting carbon dioxide emission by transmitting the occupancy information on page 4, fifth, tenth, and eleventh paragraphs. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the movement detection of Lee2 in the system of Lee, in order to accurately measure information on the number of occupants (see Lee2, page 3, ADAVANTAGEOUS-EFFECTS section).
Regarding Claim 14, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the prediction unit is configured to compensate an amount of carbon dioxide exhausted from the living subject based on the number information of the living subject, and predict the carbon dioxide concentration of the internal space based on the compensated amount of carbon dioxide (Fig. 17, paragraphs [0231]-[0234]). Lee does not specifically teach using motion information of the living subject. However, Lee does teach a camera in paragraph [0232]. Further, Lee2 teaches using a camera to recognize movement of occupants (i.e., motion information of living subjects) in order to determine occupancy, and driving an HVAC system by predicting carbon dioxide emission by transmitting the occupancy information on page 4, fifth, tenth, and eleventh paragraphs. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the movement detection of Lee2 in the system of Lee, in order to accurately measure information on the number of occupants (see Lee2, page 3, ADAVANTAGEOUS-EFFECTS section).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in Komae and Hiramatsu , further in view of Tsuruzono et al (U.S. Pub. No. 2024/0011658, hereinafter “Tsuruzono”) and Fuerst et al (U.S. Pub. No. 2022/0146482, hereinafter “Fuerst”).
Regarding Claim 16, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee does not specifically teach a plurality of terminals; and a determination unit configured to determine a magnitude relationship between the carbon dioxide concentration predicted by the prediction unit and a threshold concentration that is a threshold of the carbon dioxide concentration of the internal space, wherein each of the plurality of terminals has a storage unit and the provision unit, the storage unit is configured to store the threshold concentration, the prediction unit is configured to predict the second concentration, the determination unit is configured to determine a magnitude relationship between the second concentration predicted by the prediction unit and each of the threshold concentrations stored in each of the storage units, when the determination unit determines that the second concentration is higher than the threshold concentration stored in the storage unit in one terminal among the plurality of terminals, the provision unit in the one terminal is configured to provide warning information related to the carbon dioxide concentration of the internal space (it is noted that this contingent limitation does not need to be given patentable weight because if the second concentration is not higher than the threshold concentration stored in the storage unit in any terminal among the plurality of terminals, the warning is not provided, see MPEP 2111.04(II)). Further, Tsuruzono teaches a plurality of terminals (Fig. 2, ventilation control device 200 in combination with cameras 70a-c, CO2 sensors 60a-c, and dampers 80a-c in rooms R1-R3); and a determination unit configured to determine a magnitude relationship between the carbon dioxide concentration predicted by the prediction unit and a threshold concentration that is a threshold of the carbon dioxide concentration of the internal space (Fig. 1, prediction unit 40 is located in machine learning device 100 in ventilation control device 200, paragraphs [0038-[0042]), wherein each of the plurality of terminals has a storage unit and the provision unit, the storage unit is configured to store the threshold concentration (memory in machine learning device 100 is associated with each of cameras 70a-c, CO2 sensors 60a-c, and dampers 80a-c in rooms R1-R3; paragraphs [0088]-[0095], carbon dioxide concentration threshold), the prediction unit is configured to predict the second concentration (paragraph [0092], carbon dioxide concentration varies based on ventilation control being performed), the determination unit is configured to determine a magnitude relationship between the second concentration predicted by the prediction unit and each of the threshold concentrations stored in each of the storage units (paragraph [0092], ventilation control performed based on relationship between carbon dioxide concentration and threshold). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the terminals of Tsuruzono in the system of Lee, in order to maintain carbon dioxide concentrations at a threshold or lower in multiple rooms (e.g., R1-R3, see paragraph [0088]).
Lee and Tsuruzono do not specifically teach when the determination unit determines that the second concentration is higher than the threshold concentration stored in the storage unit in one terminal among the plurality of terminals, the provision unit in the one terminal is configured to provide warning information related to the carbon dioxide concentration of the internal space (it is noted that this contingent limitation does not need to be given patentable weight because if the second concentration is not higher than the threshold concentration stored in the storage unit in any terminal among the plurality of terminals, the warning is not provided, see MPEP 2111.04(II)). However, Fuerst teaches, in paragraph [0057] notifying occupants that manual ventilation should occur based on a predetermined target CO2 value. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the notifications of Fuerst in the system of Lee and Tsuruzono, in order to ensure a comfortable working environment and safe conditions (see Fuerst, paragraph [0057]).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view Komae and Hiramatsu, further in view of Tsuruzono, Fuerst and Shimomura (WO-2020179186-A1).
Regarding Claim 17, Lee in view of Komae, Hiramatsu, Tsuruzono, and Fuerst teaches everything that is claimed above with respect to Claim 16. Lee does not specifically teach wherein the storage unit is configured to store a correlation between the carbon dioxide concentration of the internal space and a labor expense of the living subject existing in the internal space, the prediction unit is configured to predict the labor expense of the living subject corresponding to the carbon dioxide concentration of the internal space based on the correlation stored in the storage unit, and when the labor expense of the living subject which is predicted by the prediction unit is higher than or equal to a predetermined labor expense threshold, the supply unit is configured to supply the external gas to the internal space or the exhaust unit is configured to evacuate the internal gas to outside of the internal space (it is noted that this contingent limitation does not need to be given patentable weight because if the labor expense of the living subject which is predicted by the prediction unit is not higher than or equal to a predetermined labor expense threshold, the external gas is not provided or the internal gas is not evacuated, see MPEP 2111.04(II)). However, Shimomura teaches, on page 11, in the fourth to the sixth full paragraphs, and in Fig. 8, a discomfort index that is an index of the work efficiency (i.e., a labor expense) associated with an increase in carbon dioxide concentration in a room, and subjecting a space to ventilation based on the value of the discomfort index (i.e. the discomfort index being correlated to various thresholds). It would have been obvious to one skilled in the art before the effective filing date of the invention to include the discomfort index taught in Shimomura in the system of Lee, in order to suppress drowsiness and create an environment suitable for work (see Shimomura, page 11, fifth full paragraph).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Komae, Hiramatsu, and Handte (DE-202011105211-U1).
Regarding Claim 21, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee further teaches wherein the provision unit provides information for recommending cleaning of a filter, when an exhaust amount becomes lower or equal to a predetermined exhaust amount (it is noted that this contingent limitation does not need to be given patentable weight because if the exhaust amount does not become lower or equal to the predetermined exhaust amount, the information for recommending cleaning of the filter is not provided, see MPEP 2111.04(II)). Further, Handte teaches cleaning a filter if a flow rate of exhaust air falls below a certain value in the fifth paragraph on page 3. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the filter cleaning of Handte in the system of Lee, because the cleaning removes retained particles in the filter in a known matter (see Handte, fifth paragraph on page 3).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Komae, Hiramatsu, and Yamamoto et al (U.S. Pub. No. 2016/0018124, hereinafter “Yamamoto”).
Regarding Claim 22, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee does not specifically teach wherein the prediction unit predicts a humidity of the internal space based on a current humidity of the internal space. However, Lee does teach a humidity sensor (paragraph [0230]). Further, Yamamoto teaches humidity prediction in paragraphs [0177]-[0178]. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the humidity prediction of Yamamoto in the system of Lee, because humidity is related to comfort (see Yamamoto, paragraph [0185]).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Komae, Hiramatsu, and Ichihara (WO-2020059442-A1).
Regarding Claim 25, Lee in view of Komae and Hiramatsu teaches everything that is claimed above with respect to Claim 1. Lee does not specifically teach wherein the environment information includes one or more of a sound of a voice, a sound of a cough, or a sound of a sneeze. However, Ichihara teaches, in the second full paragraph on page 5 detecting the sound of a voice, a sneeze, or a cough, and on pages 6-7 teaches operating an airflow control unit 34 based on the detection. It would have been obvious to one skilled in the art before the effective filing date of the invention to include the sound detection of Ichihara in the system of Lee, in order to suppress the spread of infection (see Ichihara, Technical-Field section).
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Richardson, Morrow, Kalil, Bekker, and Wood, "Shared Air: A renewed focus on Ventilation for the Prevention of Tuberculosis Transmission", Plos One, May 2014, teaches determining a CO2 threshold based on risk of TB infection in South Africa (see Fig. 3).
Rudnick and Milton, "Risk of Indoor Airborne Infection Transmission Estimated from Carbon Dioxide Concentration, Indoor Air 2003, teaches calculations that give a relationship between airborne infection transmission risk and CO2 concentration.
Response to Arguments
Applicant's arguments filed 1/28/2026 have been fully considered but they are not persuasive.
Regarding the 101 rejection, Applicant argues on pages 12-13 the claims recite actions that cannot be applied in the mind. The Examiner agrees, however, the particular actions, i.e., controlling a supply unit or exhaust unit, are merely an insignificant application of a result of the abstract idea to a generic HVAC unit. Applicant goes on to argue on page 13 that the claims are an improvement to a technology. The Examiner disagrees, because the claims are obvious (see the updated 103 rejections above).
Regarding the 103 rejections, the newly added claim features are taught by the Hiramatsu reference. Updated rejections of the Claims are provided above. It is noted that the claim features regarding the geographical region, which have no patentable weight in the current claims due to the presence of “and/or”, and are argued by Applicant on pages 15-16 of the Remarks, are taught by the Richardson reference, which is cited in the Prior Art of Record section above. It is noted that Applicant stated that support for interpreting “region”, as used in the specification and claims, to mean a geographical region is found in the Japanese foreign priority application(s) in the interview that was conducted on 1/6/2026.
Conclusion
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/CYNTHIA L DAVIS/Examiner, Art Unit 2863
/SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857