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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/30/2026 has been entered.
Response to Amendment
Applicant's amendment filed 4/30/2026 has been received and entered into the record. As a result, claim 1 has been amended. Therefore, claims 1, 2, 4-8, 10, and 12-14 are presented for examination.
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.
Claims 1, 2, 4, 7, 8, 10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. [U.S. Pub. 2006/0142968] ("Han") in view of Wright et al. [U.S. Pub. 2020/0121248] ("Wright").
With regard to claim 1, Han teaches a temperature estimation device [fig. 1: Home Server (170)] comprising:
a processor, wherein the processor is configured to ("method performed in a home server 170 for storing control result information in a database and for controlling the home facility system 130 based on that database [par. 0102]"):
determine a stability of a parasympathetic nerve activity ("If the spectrum area e, of the high frequency band c, increases, stress decreases according to the increase of the para-sympathetic nerve system [par. 0079]" and "The health monitor 101 calculates the ratio of the spectrum area d of the low frequency band a to the spectrum area e of the high frequency band in order to calculate the stress index of each state [par. 0080]" and "the health monitor 101 calculates the maximum peak interval of the R wave or of the photoplethysmography (PPG), from among the measured electrocardiogram waves, in order to determine the Heart Rate Variability (HRV). The monitor then analyzes the frequency spectrum through frequency conversion analysis in order to determine an indexed value of a user's stress ('stress index') [par. 0073]") of a sleeper ("the sleep information includes the user's sleeping stages and the user's sleeping stress information [par. 0065]") for each environment temperature (see [fig. 3] where there is a stress index (f04) for every temperature (f06) measured), and to derive a correspondence relationship between the environment temperature and the stability of the parasympathetic nerve activity of the sleeper for each sleeping("The home server 170 analyzes the sleeping environments and determines an optimum sleeping environments for each sleeping stage based on the control result information of a predetermined period that is stored in the control result information table 300 of the database 171 [par. 0109]" and "In the analysis of the sleeping environments, only the records having a value in the stress index f04 less than a second reference value for each sleeping stage f03 are extracted, the record being stored in the control result information table 300 for a predetermined period of time, and the averages of the values of the temperature field f06, the illumination field f07, and the humidity field f08 of the extracted records are calculated in order to be set as the optimum environments of each sleeping stage [par. 0110]"); and
estimate an appropriate value of the environment temperature suitable for the sleeper based on the correspondence relationship ("The home server 170 calculates averages for the values in the temperature field g04, the illumination field g05, and the humidity field g06 of at least one record 400 extracted as shown in FIG. 4 respectively, sets them as the optimum sleeping environments for the first sleeping stage [par. 0115]").
Although Han teaches monitoring the various sleeping stages [par. 0072 & table 1], Han does not explicitly teach wherein a sleeping elapsed stage is indicated by a sleeping cycle period of the sleeper or an elapsed time from an entry to bed or sleep onset of the sleeper.
In an analogous art (analyzing user sleep), Wright teaches wherein a sleeping elapsed stage is indicated by a sleeping cycle period of a sleeper ("The method may comprise analysing the sensor data to determine respective sleep state timing information (e.g. start/end and/or duration) for a plurality of sleep stages occurring during the first sleep period, and/or wherein the sleep schedule comprises respective expected sleep stage timing information (e.g. start/end and/or duration) for a plurality of sleep stages during the second sleep period. Measured and/or predicted sleep stage timings may be absolute or relative to a start of a sleep period [par. 0017]") or an elapsed time from an entry to bed or sleep onset of the sleeper.
Wright further teaches, "the method may comprise receiving the sensor data indicative of one or more sleep states of the user over a first sleep period (e.g. a particular night); and controlling the one or more appliances based on the sensor data during a second, later sleep period (e.g. a subsequent night) [par. 0012]."
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have included Wright's teachings of determining sleep state timing information for a plurality of sleep stages, with Han's teachings of determining optimal temperature for various sleep stages, for the benefit of controlling an appliance according to a schedule, granting the user an optimal sleep environment over the course of sleep.
Note: claim is presented in the alternative.
With regard to claim 2, the combination above teaches the temperature estimation device according to claim 1. Han in the combination further teaches wherein the processor is further configured to determine the stability of the parasympathetic nerve activity of the sleeper based on the parasympathetic nerve activity of the sleeper in a non-REM sleep period of the sleeper ("The sleeping stage field f03 and the stress index field f04 store a user's sleeping stage and a stress index received from the health monitor 101 [par. 0106]" and "The first sleeping stage is a waking state prior to sleeping. The second sleeping stage is a drowsy state prior to sleeping. The third sleeping stage is an unconscious state prior to a deep sleep. The fourth sleeping stage is a deep sleeping state in a sound sleep [par. 0070];" where any of the first to third sleeping stage can be considered a non-REM sleep period).
With regard to claim 4, Han in the combination above teaches an air conditioning control device [fig. 1: Home Server (170)] for controlling an air conditioner that performs air conditioning of a space in which the sleeper is present ("The air conditioner 131 maintains the temperature, humidity, cleanliness, and average current flow of air within a room suitable for sleeping and exhausts dust, harmful gas, and the like from the room. The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]"),
the air conditioning control device comprising:
the temperature estimation device according to claim 1 ("The home server 170 calculates averages for the values in the temperature field g04, the illumination field g05, and the humidity field g06 of at least one record 400 extracted as shown in FIG. 4 respectively, sets them as the optimum sleeping environments for the first sleeping stage [par. 0115]"); and
the processor is further configured to control the air conditioner based on the appropriate value of the environment temperature estimated by the temperature estimation device ("The home server 170 analyzes optimum sleeping environments suitable for the user's current sleeping stage based on information stored in the control result information database, and outputs a facility control command to the home facility system 130 [par. 0096]" and "The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]").
With regard to claim 7, the combination above teaches the air conditioning control device according to claim 4. Han in the combination further teaches wherein the processor is further configured to control the air conditioner so that the environment temperature changes ("The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]") at a second time point before a first time point at which a deep temperature of the sleeper is to be changed ("If the sleeping stage has changed, for example, to the second sleeping stage, the home server 170 retrieves the records having values in the stress index field f04 less than the second reference value and having a sleeping stage corresponding to the current sleeping stage (i.e., the second sleeping stage) from the control result information table 300 in the same manner as in operation S601, and determines the optimum sleeping environments for the second sleeping stage [par. 0131]" and "The first sleeping stage is a waking state prior to sleeping. The second sleeping stage is a drowsy state prior to sleeping. The third sleeping stage is an unconscious state prior to a deep sleep. The fourth sleeping stage is a deep sleeping state in a sound sleep [par. 0070];" where the temperature change can occur for the third sleeping stage before the fourth deep sleeping stage).
With regard to claim 8, Han in the combination above teaches an air conditioning system [fig. 1: Air Conditioner (131)] comprising:
the air conditioner configured to perform air conditioning of the space in which the sleeper is present ("The air conditioner 131 maintains the temperature, humidity, cleanliness, and average current flow of air within a room suitable for sleeping and exhausts dust, harmful gas, and the like from the room [par. 0088]"); and
the air conditioning control device according to claim 4 configured to control the air conditioner ("The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]").
With regard to claim 10, Han in the combination above teaches an air conditioning control device [fig. 1: Home Server (170)] for controlling an air conditioner that performs air conditioning of a space in which the sleeper is present ("The air conditioner 131 maintains the temperature, humidity, cleanliness, and average current flow of air within a room suitable for sleeping and exhausts dust, harmful gas, and the like from the room. The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]"),
the air conditioning control device comprising:
the temperature estimation device according to claim 2 ("The home server 170 calculates averages for the values in the temperature field g04, the illumination field g05, and the humidity field g06 of at least one record 400 extracted as shown in FIG. 4 respectively, sets them as the optimum sleeping environments for the first sleeping stage [par. 0115]"); and
the processor is further configured to control the air conditioner based on the appropriate value of the environment temperature estimated by the temperature estimation device ("The home server 170 analyzes optimum sleeping environments suitable for the user's current sleeping stage based on information stored in the control result information database, and outputs a facility control command to the home facility system 130 [par. 0096]" and "The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]").
With regard to claim 14, Han in the combination teaches an air conditioning system [fig. 1: Air Conditioner (131)] comprising:
the air conditioner configured to perform air conditioning of the space in which the sleeper is present ("The air conditioner 131 maintains the temperature, humidity, cleanliness, and average current flow of air within a room suitable for sleeping and exhausts dust, harmful gas, and the like from the room [par. 0088]"); and
the air conditioning control device according to claim 7 configured to control the air conditioner ("The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]").
Claims 5, 6, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view Wright further in view of Aoki et al. [U.S. Pub. 2022/0065485] ("Aoki").
With regard to claim 5, the combination of Han and Wright teaches the air conditioning control device according to claim 4. Han in the combination further teaches wherein the processor is further configured to control the air conditioner so that the environment temperature becomes the appropriate value ("The home server 170 analyzes optimum sleeping environments suitable for the user's current sleeping stage based on information stored in the control result information database, and outputs a facility control command to the home facility system 130 [par. 0096]" and "The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]"), and then,
if a predetermined condition is satisfied, control the air conditioner ("If the sleeping stage has changed, for example, to the second sleeping stage, the home server 170 retrieves the records having values in the stress index field f04 less than the second reference value and having a sleeping stage corresponding to the current sleeping stage (i.e., the second sleeping stage) from the control result information table 300 in the same manner as in operation S601, and determines the optimum sleeping environments for the second sleeping stage [par. 0131]").
Note: the limitation "if a predetermined condition is satisfied" is a contingent clause and the system taught by Han is capable of increasing temperature, i.e., controls the air conditioner so that the environment temperature becomes higher than the appropriate value. See MPEP 2111.05.
Although Han teaches various conditions such as a wake up time [par. 0137], change in sleep stage [par. 0131], and change in stress index [par. 0130], Han does not explicitly teach if a predetermined condition is satisfied, controls the air conditioner so that the environment temperature becomes higher than the appropriate value.
In an analogous art (nervous system control during sleep), Aoki teaches where if a predetermined condition is satisfied, controls an air conditioner so that an environment temperature becomes higher than an appropriate value ("The second control on air conditioner 30 is performed in the period from 18:00 in the day to 6:00 in the next day in the time chart in FIG. 5. The second control is divided to the before-sleep control which is performed in a period from 18:00 (that is the sunset time) to 22:00 (that is the scheduled go-to-bed time) and the during-sleep control which is performed in the period starting at 22:00 [par. 0073]" and "The first control on air conditioner 30 is performed in the period from 6:00 to 18:00 in the time chart in FIG. 5 [par. 0069]" and "decreases the surrounding temperature by 3 degrees Celsius for 30 minutes, and then increases the surrounding temperature by 3 degrees Celsius for 30 minutes [par. 0069]" the condition to increase the temperature can be based on a wake-up time or based on a periodic elapse of time).
Aoki further teaches, "According to the present invention, it is possible to implement the environmental control system and the environmental control method which make it possible to reduce the disorder of the autonomic nervous system of the subject [par. 0008]."
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have included Aoki's teachings of various predetermined conditions to change the environment temperature, with the teachings of Han, for the benefit of further reducing the disorder of the autonomic nervous system of the sleeper.
With regard to claim 6, the combination above teaches the air conditioning control device according to claim 5. Aoki in the combination further teaches wherein the condition includes at least one of
a first condition that a first REM sleep period starts after the sleeper falls asleep,
a second condition that an amount of decrease in the stability of the parasympathetic nerve activity of the sleeper exceeds a predetermined reference amount after the sleeper falls asleep,
a third condition that a predetermined time elapses after the sleeper enters a bed ("The second control on air conditioner 30 is performed in the period from 18:00 in the day to 6:00 in the next day in the time chart in FIG. 5. The second control is divided to the before-sleep control which is performed in a period from 18:00 (that is the sunset time) to 22:00 (that is the scheduled go-to-bed time) and the during-sleep control which is performed in the period starting at 22:00 [par. 0073]" and "The first control on air conditioner 30 is performed in the period from 6:00 to 18:00 in the time chart in FIG. 5 [par. 0069]" and "decreases the surrounding temperature by 3 degrees Celsius for 30 minutes, and then increases the surrounding temperature by 3 degrees Celsius for 30 minutes [par. 0069];" where after a predetermined time elapses after the scheduled go-to-bed time, e.g., 8 hours, the temperature increases. Additionally, 30 minutes after the go-to-bed time, the temperature starts to rise and fall), or
a fourth condition that a predetermined time elapses after the sleeper falls asleep.
Note: claim is presented in the alternative.
With regard to claim 12, Han in the combination teaches an air conditioning system [fig. 1: Air Conditioner (131)] comprising:
the air conditioner configured to perform air conditioning of the space in which the sleeper is present ("The air conditioner 131 maintains the temperature, humidity, cleanliness, and average current flow of air within a room suitable for sleeping and exhausts dust, harmful gas, and the like from the room [par. 0088]"); and
the air conditioning control device according to claim 5 (as presented in claim 5 above) configured to control the air conditioner ("The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]").
With regard to claim 13, Han in the combination teaches an air conditioning system [fig. 1: Air Conditioner (131)] comprising:
the air conditioner configured to perform air conditioning of the space in which the sleeper is present ("The air conditioner 131 maintains the temperature, humidity, cleanliness, and average current flow of air within a room suitable for sleeping and exhausts dust, harmful gas, and the like from the room [par. 0088]"); and
the air conditioning control device according to claim 6 (as presented in claim 6 above) configured to control the air conditioner ("The air conditioner 131 is connected to the home server 170 through the network 170, and operates based on a facility control command from the home server 170 [par. 0088]").
Response to Arguments
Applicant's arguments filed 4/30/2026 have been considered but are not persuasive.
Applicant arguments are summarized and responded to below:
"The sleeping elapsed stage is indicated by a sleeping cycle period of the sleeper or an elapsed time from the entry to the bed or sleep onset of the sleeper. The processor estimates an appropriate value of the environment temperature suitable for the sleeper based on the correspondence relationship.
For example, as disclosed in paragraphs [0069] - [0071] of Han, the term 'sleep stage' in Han corresponds to 'sleep depth', and does not correspond to 'the sleeping cycle period' or 'the elapsed time from the entry to the bed or sleep onset of the sleeper' as in the present invention.
Wright does not disclose or suggest deriving, for each of a plurality of sleep stages, an indicator value for evaluating the user's sleep quality, where that indicator value is different from the sleep stage itself.
Wright does not disclose determining, for each sleeping elapsed stage of the sleeper, a correspondence relationship between environment temperature and the stability of the parasympathetic nerve activity of the sleeper, nor does Wright disclose estimating an appropriate environment temperature based on such a correspondence relationship" [remarks pages 2-3]
The examiner respectfully disagrees. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant describes the "sleeping elapsed stage" and "sleeping cycle period" as elapsed periods of time during sleep (see [pars. 0097 and 0106] and [fig. 8]). Han is relied upon to teach deriving a relationship between the environment temperature and the stability of the parasympathetic nerve activity of the sleeper for each sleeping stage [par. 0109-0110]. Wright is relied upon to teach determining elapsed periods of time (start/end/duration) of various sleeping stages [par. 0017]. It is the combination of Han and Wright that teaches Applicant's claimed limitation of "deriving a relationship between the environment temperature and the stability of the parasympathetic nerve activity of the sleeper for each sleeping elapsed stage". It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have included Wright's teachings of determining sleep state timing information for a plurality of sleep stages, with Han's teachings of determining optimal temperature for various sleep stages, for the benefit of controlling an appliance according to a schedule, granting the user an optimal sleep environment over the course of sleep.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hiei et al. [U.S. Pub. 2019/0137136] teaches where an air-conditioning control system provides an appropriate environment in accordance with a stress level of a person in a room.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT W CHANG whose telephone number is (571)270-1214. The examiner can normally be reached (M-F) 10:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached at 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINCENT WEN-LIANG CHANG/
Examiner
Art Unit 2119
/ZIAUL KARIM/Primary Examiner, Art Unit 2119
Prosecution Insights