Prosecution Insights
Last updated: August 18, 2026
Application No. 18/269,619

ENVIRONMENTAL CONTROL DEVICE, ENVIRONMENTAL CONTROL METHOD, AND ENVIRONMENTAL CONTROL PROGRAM

Final Rejection §101§103§112
Filed
Jun 26, 2023
Priority
Mar 04, 2021 — JP 2021-034002 +1 more
Examiner
SHARMIN, ANZUMAN
Art Unit
2115
Tech Center
2100 — Computer Architecture & Software
Assignee
Hitachi Ltd.
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
141 granted / 179 resolved
+23.8% vs TC avg
Strong +32% interview lift
Without
With
+32.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
18 currently pending
Career history
199
Total Applications
across all art units

Statute-Specific Performance

§101
9.6%
-30.4% vs TC avg
§103
61.7%
+21.7% vs TC avg
§102
9.1%
-30.9% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 179 resolved cases

Office Action

§101 §103 §112
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 Examiner acknowledges applicant’s amendments to claims 1-14 and comments related to claims 1-14 for claim interpretation and agrees the currently amended claims do not invoke interpretation under 35 U.S.C. 112(f). Applicant’s amendment to claim 15 has overcome each and every rejection made under 35 U.S.C. 101 set forth in the office action mailed on 02/12/2026. Therefore the rejection made under 35 U.S.C. 101 has been withdrawn. Applicant’s argument that cited prior of record, Emoto et al. does not teach the newly amended feature that happiness comprises a depression value and neither in combination nor individually Emoto et al. and WO09 (Sawada) do not teach that after the stimulus period, decreasing the temporal or spatial environmental indicator for saving the energy consumption in a saving period which is determined by the person becoming habituated to an indicator of the happiness, wherein happiness comprises a depression value have been fully considered but in moot in view of newly cited reference JP73 (JP 2004353973 A) in combination with cited prior arts of record Emoto et al. and WO09. JP73 explicitly teaches to air condition a space based on user’s PMV value as taught in [0029],[0031], [0041] and [0051]. First during the stimulus period as taught in [0051], condition the space to PMV value u2 (user comfort), than after the stimulus period, condition the space to PMV value u1, that is energy savings mode without impairing user’s comfort since the user feels comfortable to the already conditioned space that is becoming habituated to an indicator of happiness, PMV u2. There is no specific definition of depression value in the claim. Any value that reflects user’s comfort is related to happiness of the user and can be used to determine happiness of the user/person. PMV u2 value is a determination of user’s comfort as taught in [0025]. As such PMV value indicates user’s happiness. Also Emoto et al. teaches in [0125] that arousal level is used as an index that represents the mental and physical condition of a user which can also include user’s happiness since happiness is a combination of both mental and physical state. JP73 is analogous art to Emoto et al. and WO09 because they are from the same field of endeavor that is conditioning a space based on user’s comfort and satisfaction. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the environmental control device boosting happiness of a person performing environmental control as taught by combination of Emoto et al. and WO09 by applying the known technique of decreasing the environmental indicator or control for energy saving consumption in a saving period which is determined by the person becoming habituated to an indicator of happiness as taught by JP73 to yield predictable results of conditioning the space based on user’s comfort. 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) 1,3-5,14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Emoto et al.1 (US 20200224916 A1) in view of WP092 (WO 2019235109 A1) and JP73 3(JP 2004353973 A). The teachings of Emoto et al and WO09 as disclosed in the previous office action are hereby incorporated by reference to the extent applicable to the amended claims. Regarding claim 1, Emoto et al. teaches, an environmental control device (an environmental apparatus controller, [0010]) comprising: a computer (apparatus controller having plurality of CPUs, [0048]) configured to perform learning processing (learning control plan output means, [0065]) by creating a control model by collecting relationships between past examples of changes in temporal or spatial happiness4 of a person who is subjected to environmental control and past examples of changes in a temporal or spatial environmental indicator regarding the person (the learning control plan output means determines the relationship between various arousal level (happiness5) and the change in temperature performed to achieve each target arousal level. In addition to change in temperature, other apparatuses are controlled to aid with user's target arousal level. Based on the learning, multiple plans (model with relationship) are created for each target arousal level and corresponding environmental control parameters, [0060] and [0064]-[0067] and [0071]), and creating the control model by collecting relationships among past examples of changes in the happiness, past examples of changes in the environmental indicator (each control plan as neural network model is created to show relationship between user current arousal level, change in arousal level (changes in happiness) due to change in temperature and other apparatuses (environmental indicator) [0064]-[0067] and [0071]),and where in the computer is further configured to perform environmental control by (selection execution unit, [0075]) based on the created control model (neural network model for the created control plans ([0064]-[0067] and [0071]), determine the temporal or spatial environmental indicator (control plan parameters, [0069]) for boosting happiness of a person who is newly subjected to the environmental control and performing the environmental control while targeting the determined environmental indicator (once the learning of arousal level and corresponding change in environment is completed followed by creating of several plans, the selection execution unit selects one of the plan for execution which will cause the air conditioner, the ventilator, the aroma diffuser, lighting apparatus and others to operate according to the control plan parameters to boost user's arousal level in a space per target arousal level change, [0069],[0071], [0073], [0075], [0114] and [0116]); wherein the happiness comprises a depression value6 (arousal level is used as an index that represents the mental and physical condition of a user which can also include user’s happiness since happiness is a combination of both mental and physical state, [0125].). Emoto et al. does not teach the details of past examples of changes in temporal or spatial energy consumption related to the environmental control and after the stimulus period, decreasing the temporal or spatial environmental indicator for saving the energy consumption in a saving period in which is determined by the person becoming habituated to an indicator of the happiness, wherein the happiness comprises a depression value. However Emoto et al. teaches in [0071] and [0075] that after the learning of user arousal level (happiness) and change in temperature and other control parameters of other apparatuses is completed and several plans are generated, one plan is selected to boost user's happiness or arousal. Change in temperature will cause change in energy consumption and will also affect user’s happiness (comfort). WO09 teaches, past examples of changes in temporal or spatial energy consumption related to the environmental control (learning the relationship between the user thermal cooling (PMV) with the change in indoor environment at the time of reporting. The corresponding change in air conditioner power consumption during the reporting time due to change in indoor environment is also determined and stored as past examples of changes in temporal energy consumption related to environmental control and user comfort such as PMV value, page 7, 5th - 8th paragraph and page 9, 7th paragraph). Emoto et al. and WO09 are analogous art because they are from the same field of endeavor that is conditioning the space per user condition/comfort and satisfaction. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the environmental control device creating a model based on relationship among past examples of changes in happiness, changes in environmental indicator and control the environment based on the target determined environmental indicator as taught by Emoto et al. by applying the known technique of learning the corresponding change in power consumption due to operating air conditioning and blower to change user thermal comfort (happiness) and control the air conditioning and blower operation based on determined parameters such that power usage is minimized causing energy saving while still meeting user comfort as taught by WO09 to yield predictable results of controlling the environment while meeting user comfort with reduced total power consumption as taught by WO09 is page 10, 5th paragraph. Neither in combination nor Emoto et al. and WO09 teaches, during a stimulus period and after the stimulus period, decreasing the temporal or spatial environmental indicator for saving the energy consumption in a saving period which is determined by the person becoming habituated to an indicator of the happiness. However WO09 explicitly teaches in (page 8, 3rd paragraph, page 9, 6th and 7th paragraph and page 10, 4th and 5th paragraph) that the air conditioner starts with following pattern A where the indoor environment is conditioned per user’s preference than after some time pattern B is followed where the indoor environment is conditioned per energy savings condition. All these control are performed while considering PMV value of the user as taught in page 7, 5th paragraph. On the other hand JP73 teaches, during a stimulus period (at first the person in provided stimulus by conditioning the space based on PMV u2 value related to person’s comfort (happiness), [0029], [0035] and [0051]); and after the stimulus period (gradually conditioning the space to PMV u1 value that is after the stimulus period, [0031],[0041] and [0051]), decreasing the temporal or spatial environmental indicator for saving the energy consumption in a saving period which is determined by the person becoming habituated to an indicator of the happiness (by gradually conditioning the space from PMV u2 value to PMV u1 value (energy saving condition) based on fluctuation amount which indicates the comfort impairment of the person inside the air conditioned room as taught in [0049], the environment/space is conditioned with reduced load thus saving energy in saving period since the user is now used to the PMV u2 conditioning settings that is the user is habituated to PMV u2 settings. When the fluctuation amount changes by 1.1 or to negative PMV value7, condition the space again (stimulus period) based on PMV u2 value that is conditioning the spaced based on user/person happiness since PMV value indicates user’s comfort which is related to user/person happiness8, [0031],[0041] and [0051]). JP73 is analogous art to Emoto et al. and WO09 because they are from the same field of endeavor that is conditioning a space based on user’s comfort and satisfaction. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the environmental control device boosting happiness of a person performing environmental control as taught by combination of Emoto et al. and WO09 by applying the known technique of decreasing the environmental indicator or control for energy saving consumption in a saving period which is determined by the person becoming habituated to an indicator of happiness as taught by JP73 to yield predictable results of conditioning the space based on user’s comfort. JP73 teach: [0035] The comfortable PMV value u2 is a value at which the air-conditioned person can experience the second variation in order to impress the air-conditioned person with a comfortable feeling. Further, in order to suppress energy consumption, it is desirable that the value be as close as possible to the energy saving PMV value u1. Then, the steeper the slope of the fluctuation, the more easily the fluctuation is perceived9, but this inclination has a certain limit due to the capability of the air conditioner14. Therefore, when the comfortable PMV value u2 is rapidly changed at a slope close to the limit of the air conditioner 14, the person to be air-conditioned can experience the change and has a value closest to the energy saving PMV value u1. [0041] As described above, in the present embodiment, in order to gradually the target value to the energy-saving PMV value10, it is possible to widen the range in which the air-conditioned person feels comfortable or move the air-conditioned person to a smaller air conditioning load. it can. In addition, by rapidly the target value from the energy-saving PMV value to the comfortable PMV value,11 a feeling of comfort can be impressed to the air-conditioned person. Therefore, the energy consumption can be further reduced without impairing the comfort of the person to be air-conditioned. [0051] As described above, in addition to the reference pattern, the small fluctuation that fluctuates at the predetermined allowable amount allows intermittently12 applying a thermal stimulus (body change) to the air-conditioned person. In general, a person tends to maintain a comfortable feeling when a thermal stimulus is regularly applied. Therefore, due to the small fluctuation, the comfort of the air-conditioned person can be maintained for a longer time. Regarding claim 3, combination of Emoto et al., WO09 and JP73 teach the environmental control device according to claim 1. In addition Emoto et al. teaches, the environmental indicator includes at least one of, illuminance (lighting apparatus changing illuminance in a room, [0114]), a smell (aroma diffuser providing fragrance for improving user's arousal level, [0115]), a sound (sound system providing multiple types of sounds, [0114]), and a design of a space13 (lighting apparatus changing lighting within the space in addition to other environmental control apparatuses, [0114]). In addition WO09 teaches, a predicted mean vote (evaluation value related to PMV - predicted mean vote, page 7, 5th and 6th paragraph). Regarding claim 4, combination of Emoto et al., WO09 and JP73 teach the environmental control device according to claim 3. In addition Emoto et al. teaches, wherein the happiness (mental and physical condition value of the user, [0110]) includes values based on a cerebral blood flow, components of saliva, or a heart rate (autonomic nerve balance (sympathetic nerve activity nerve index) used for determining user's mental and physical condition determines pattern of heartbeat of the user, [0111]). Regarding claim 5, combination of Emoto et al., WO09 and JP73 teach the environmental control device according to claim 4. In addition Emoto et al. teaches, wherein the learning processing unit is configured to create a pattern of changes in the temporal or spatial environmental indicator (the learning control plan output means determines the relationship between various arousal level (happiness) and the change in temperature performed to achieve each target arousal level that is pattern of change in environment and user happiness. In addition to change in temperature, other apparatuses are controlled to aid with user's target arousal level. Based on the learning, multiple plans (model with relationship) are created for each target arousal level and corresponding environmental control, [0060] and [0064]-[0066] and [0071]). Regarding claim 14, combination of Emoto et al., WO09 and JP73 teach the claimed environmental control device. Therefore together they teach the environmental control method implementing the functional limitations of the environmental control device and therefore rejected for the reasons discussed above in claim 1. Regarding claim 15, combination of Emoto et al., WO09 and JP73 teach the claimed environmental control device. Therefore together they teach the environmental control operations executed by a computer implementing the functional limitations of the environmental control device and therefore rejected for the reasons discussed above in claim 1. Claim 15 has an additional limitation which is taught by Emoto et al., a non-transitory computer readable medium upon which is embodied programmed instructions which when executed by a computer (the environmental apparatus controller includes plurality of CPUs which has non-transitory computer readable medium upon which program is stored and executed by processor (computer), [0048]). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Emoto et al.14 (US 20200224916 A1) in view of WP0915 (WO 2019235109 A1) and JP73 16(JP 2004353973 A) and Mitterhofer (US 20230367033 A1). Regarding claim 6 combination of Emoto et al., WO09 and JP73 teach the environmental control device according to claim 5. In addition Emoto et al. teaches, wherein the changes in the environmental indicator include at least one of a change width of the environmental indicator (per the target arousal level (happiness) the air conditioner is decreased by two degrees from the current air condition settings - that is change width (2 level) of the environmental indicator, [0060]), a change speed of the environmental indicator (the air conditioner can determine how to change its operation speed to achieve temperature less than two degrees from the its current condition to achieve user thermal comfort, [0060]). Neither in combination nor individually Emoto et al., WO09 and JP73 teach the details of a maintaining time at a same level of the environmental indicator, and a time integration value of a deviation from a predetermined value of the environmental indicator. Mitterhofer teaches, a maintaining time at a same level of the environmental indicator (from 3pm till a certain time as read from the graph, the electrical usage was uniform that is maintaining current environmental condition (indicator), [0011], [0202] and Fig.4C), and a time integration value of a deviation from a predetermined value of the environmental indicator (time stamped change is electrical usage compared from last year to current year is shown. From the graph, it can be determined for how long the electrical usage is different from the last year electrical usage (predetermined environmental indicator), [0011 ], [0202] and FIG.4D). Emoto et al., WO09, JP73 and Mitterhofer are analogous art because they are from the same field of endeavor that is conditioning the space per user condition. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the environmental control device conditioning the environment by detecting the change in environmental indicator as taught by combination of Emoto et al., WO09 and JP73 by applying the known technique of also looking at the maintaining time at the same level of the environmental indicator that is for how long the environment was maintained after change in conditioning and for how long the environment varied from a predetermined environmental indicator value that is a time integration value of a deviation from a predetermined value of the environmental indicator as taught by Mitterhofer et al. as an to yield predictable results for detecting energy consumption anomaly during environmental indicator control by analyzing various components of energy consumption data as taught by Mitterhofer et al. in [0011]. Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Emoto et al. (US 20200224916 A1) in view of WP09 (WO 2019235109 A1) and JP73 (JP 2004353973 A) and Mitterhofer (US 20230367033 A1) in further view of Tzvieli et al. (US 20180116528 A1). Regarding claim 7 combination of Emoto et al., WO09, JP73 and Mitterhofer teach the environmental control device according to claim 6. Neither in combination nor individually Emoto et al., WO09 and Mitterhofer teach the details of the changes in the happiness include at least one of a level of a maximum value of the happiness, a time integration value of a deviation from a predetermined value of the happiness, and a period of the happiness. Tzvieli et al. teaches, the changes in the happiness include at least one of a level of a maximum value of the happiness (maximum and minimum stress level17 can be detected, [0053], [0148] and [0228]), a time integration value18 of a deviation from a predetermined value of the happiness (time for how long the user is stressed can be determined due to a potential stressor that is for how long the user is not happy, before time t the user was happy since less stress so time for happiness can also be determined, [0148] and [0228]), and a period of the happiness (time t plus delta is how long the user is stressed that is the time the user is not happy). Similarly when not affected by stressor, the user is happy and the time till stressor took place can be determined by the trained model, [0056] and [0148]). Emoto et al., WO09, JP73, Mitterhofer and Tzvieli et al. are analogous art because they are from the same field of endeavor that is conditioning the space per user's condition. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the environmental control device detecting change in happiness as taught by combination of Emoto et al., WO09, JP73 and Mitterhofer by applying the known technique of also detecting maximum value of happiness by looking into maximum value of stress, a time integration value of a deviation from a predetermined value of happiness and period of happiness as taught by Tzvieli et al. to yield predictable results of controlling the environment based on user physical and mental state such as happiness. Regarding claim 8 combination of Emoto et al., WO09, JP73, Mitterhofer and Tzvieli et al. teach the environmental control device according to claim 7. In addition Emoto et al. teaches, wherein the happiness includes a noninvasive or noncontact alternative value (user's mental and physical condition including happiness can be measured by sympathetic nerve activity index that is based on heartbeat of the user – noninvasive alternative value, [0110] and [0111]). Regarding claim 9 combination of Emoto et al., WO09, JP73, Mitterhofer and Tzvieli et al. teach the environmental control device according to claim 7. In addition Emoto et al. teaches, wherein the pattern repeatedly inverts the environmental indicator once lowered or raised (when the target arousal level is +1, the air conditioner decrease by two degrees from the current setting that is inverting from positive to negative and when the target arousal level is -1 , air conditioner increase by one degree from the current setting that is inverting from negative to positive and this performed repeatedly to obtain new learning data for updated control, [0060], [0061] and [0079]). Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Emoto et al. (US 20200224916 A1) in view of WP09 (WO 2019235109 A1) and JP73 (JP 2004353973 A) and Mitterhofer (US 20230367033 A1) in further view of Tzvieli et al. (US 20180116528 A1) and TW82 (TW 201715182 A). Reagrding claim 10, combination of Emoto et al., WP09, JP73, Mitterhofer and Tzvieli et al. teach the environmental control device according to claim 9. Neither in combination nor individually Emoto et al., WP09, JP73, Mitterhofer and Tzvieli et al. teach the details of the environmental control unit is configured to determine one representative when there are a plurality of persons who are newly subjected to the environmental control. TW82 teaches, the computer is further configured to perform the environmental control (processor, page 5,1st paragraph) by determining one representative when there are a plurality of persons who are newly subjected to the environmental control (users with hypertension have the highest weight among other users. So if multiple users are present in a space, the user with hypertension has the highest weight thus highest priority among other users. Therefore air conditioning is performed according to user with hypertension, page 5, 1st and 2nd paragraph and page 7, 5th paragraph). Emoto et al., WP09, JP73 Mitterhofer, Tzvieli et al. and TW82 are analogous art because they are from the same field of endeavor that is conditioning the space per user's condition. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the environmental control device performing air conditioning per user comfort as taught by combination of Emoto et al., WP09, JP73, Mitterhofer and Tzvieli et al. by applying the known technique of determining one representative/user out of multiple users in a space to perform environmental control according to the determined/chosen representative user among multiple users as taught by TW82 as an improvement to environmental control device to yield predictable results of controlling the environment per priority of the users present in the space. Regarding claim 11, combination of Emoto et al., WP09,, JP73, Mitterhofer, Tzvieli et al. and TW82 teach the environmental control device according to claim 10. In addition Emoto et al. teaches, wherein the computer is further configured to perform the environmental control (environmental apparatus controller, [0010]) by collecting, as a part of the control model, a result of performing the environmental control while targeting the determined environmental indicator (" ... The selection control unit is configured to select, based on a predetermined condition, one of a plurality of the control change plans output by the learning control plan output means and execute the one of the control change plans. The learning control plan output means is configured to perform learning such that a method of determining the control change plans to be output is updated by using the mental and physical condition of the user. having changed as a result of executing the control change plan selected by the selection control unit ... ", [0010], that is while meeting target arousal level and controlling the environment per determined parameters of the control plan, the apparatus observes and stores that is updating, the change in arousal level and change in environment due to the execution of the plan, [0010] and [0027]). Regarding claim 12, combination of Emoto et al., WP09, JP73, Mitterhofer, Tzvieli et al. and TW82 teach the environmental control device according to claim 11. In addition TW82 teaches, wherein the computer is further configured to perform the environmental control by determining a balance between the happiness and the saving of the energy consumption according to a weight specified by a user (based on weight of the users, preference settings and other conditions, an optimal energy savings control value for air conditioning is determined while meeting users' comfort in a space19, page 5, 1st and 2nd paragraph). Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Emoto et al. (US 20200224916 A1) in view of WP09 (WO 2019235109 A1) and JP73 (JP 2004353973 A) and Mitterhofer (US 20230367033 A1) in further view of Tzvieli et al. (US 20180116528 A1) and TW82 (TW 201715182 A) in further view of Wan et al. (US 20220113688 A1). Regarding claim 13, combination of Emoto et al., WP09, JP73, Mitterhofer, Tzvieli et al. and TW82 teach the environmental control device according to claim 11. Neither in combination nor individually Emoto et al.,WP09, Mitterhofer, Tzvieli et al. and TW82 teach the details of the learning processing unit is configured to create the control model for a plurality of different spaces, and the environmental control unit is configured to perform the environmental control for the plurality of different spaces. Wan et al. teaches, the computer is further configured to perform learning20 by creating the control model for a plurality of different spaces (building dynamics model, [0090]), to perform environmental control21 (building performance parameters, [0082] and [0083]) for the plurality of different spaces (using building dynamics model, the optimization of building performance parameters that is environmental control for a region can be employed to multiple/plurality regions within the building that is optimizing building performance parameters for multiple/plurality regions in the building, [0090], [0082] and [0083]). Emoto et al., WP09, JP73, Mitterhofer, Tzvieli et al.,TW82 and Wan et al. are analogous art because they are from the same field of endeavor that is conditioning the space per user's condition. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the environmental control device performing environmental control in one space as taught by combination of Emoto et al., WP09, JP73, Mitterhofer, Tzvieli et al. and TW82 by applying the known technique of performing environmental control for plurality of regions/spaces as taught by Wan et al. to yield predictable results of providing each region within the building with desired conditioned environment as taught by Wan et al. in [0089]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP08 (JP 2015232408 A) teaches an environmental control system were based on user’s habituation level of the current environmental settings, the change in air conditioning pattern is triggered as taught in [0020]-[0023]. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANZUMAN SHARMIN whose telephone number is (571)272-7365. The examiner can normally be reached M and Th 7:00am - 3:00pm and Tue 8:00am-12:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KAMINI SHAH can be reached at (571)272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANZUMAN SHARMIN/Examiner, Art Unit 2115 /KAMINI S SHAH/Supervisory Patent Examiner, Art Unit 2115 1 Cited prior art of record. 2 Cited prior art of record 3 Newly cited prior art. 4 There is no definition of happiness on the claim other than reciting happiness comprises depression value but there is no definition of depression value on the claim. The claim is read in light of the specification but the specification is not read into the claim. Any indicator or value related to user’s comfort will relate to user’s happiness. Comfortable user, happy user, uncomfortable user, unhappy user. 5 PMV value in view of newly cited reference JP73 or arousal level in view of Emoto et al. [0125]. Emoto et al. teaches in [0125] that arousal level is used as an index that represents the mental and physical condition of a user which can also include user’s happiness since happiness is a combination of both mental and physical state. 6 There is no particular definition of happiness or depression value on the claim. The claim also does state how the depression value and change in depression value is related to the environmental control. 7 The claim does not mention exactly how it is measured or determined that the person is becoming habituated to an indicator of happiness. It is not clear how habituation is related to an indicator of happiness. Also in view of WO09, page 7, 5th -6th paragraph, the system knows user’s feeling in relation to PMV value and apply this knowledge to condition the space per user/person’s PMV value. 9 Habituation of the person/user to a certain settings. 10 After the stimulus period transitioning to energy saving period. 11 Again after energy saving period back to stimulus period in addition to thermal stimulus teaching in [0051]. 12 Switching between stimulus and saving period determined based on PMV value to make the user comfortable/happy in a conditioned space. 13 No definition of design of space is provided. 14 Cited prior art of record. 15 Cited prior art of record 16 Newly cited prior art. 17 User maximum happiness due to minimized stress. 18 No specific definition of time integration value is provided. 19 There are two ways the air conditioning can be perform that is either using weight of one user and energy saving measures or using weight of each user in a space and energy saving measures. Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to choose from a finite number of identified predictable solutions as identified above with a reasonable expectation of success to control the environment by air conditioning per user's weight while still performing energy saving measures. 20 Learning control plan output means, [0065]) in view of Emoto et al. 21 Selection execution unit, [0075].
Read full office action

Prosecution Timeline

Jun 26, 2023
Application Filed
Feb 12, 2026
Non-Final Rejection mailed — §101, §103, §112
May 11, 2026
Response Filed
Jul 17, 2026
Final Rejection mailed — §101, §103, §112 (current)

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Patent 12631361
METHOD AND CONTROL SYSTEM FOR CONTROLLING AN AIR-CONDITIONING SYSTEM
3y 7m to grant Granted May 19, 2026
Patent 12607988
EXTENSIBLE PROFILES FOR INDUSTRIAL CONTROL MODULES
3y 9m to grant Granted Apr 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+32.2%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 179 resolved cases by this examiner. Grant probability derived from career allowance rate.

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