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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claim 20, the generic placeholders are recited followed by action without reciting any structure that will perform or execute the claimed limitations. The generic placeholders are “a first acquisition unit”, “a second acquisition unit” and “an evaluation unit”. Structure for the generic placeholder such as unit include a processor were found in [0058] and [0064] of the specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-7, 12-18 and 20 are rejected under 35 U.S.C.101 because the claims recite an abstract ideas without reciting significantly more.
For claim 1 Step 1: Claim 1 recites a method for evaluating a body temperature which a process and thus falls into one of the statutory categories of invention.
Step 2A Prong One: Claim 1 recites the limitation, evaluating the body temperature regulating function of the target by using the autonomic index of the target and the perspiration index of the target. As evident from the background of the claim, the limitation recites a process of evaluation of the temperature regulating function using the autonomic index and perspiration index of the target. Simple act of evaluation of a value or function using certain conditions can be performed mentally with the aid of pen, paper and calculator. Thus the limitation falls into the “mental concept” groupings of abstract ideas. The use of pen, paper and calculator to perform the claimed limitation does not negate the mental nature of this limitation.
Step 2A Prong Two: Besides the abstract idea, the claim recites the additional elements acquiring an autonomic index of a target and acquiring a perspiration index of the target. Autonomic index and perspiration index are data that are necessary conditions required to perform the evaluation of the abstract idea. These additional elements are mere data gathering step and are necessary for use of the recited judicial exception (evaluating the body temperature regulating function) and is recited at high level generality. Thus these limitations are insignificant extra-solution activity. Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception.
Step 2B: Claim 1 as a whole does not amount to significantly more than the recited judicial exception. Claim 1 has two additional elements. Both the additional elements recites mere data gathering steps which explained previously are extra-solution activity and thus still considered insignificant even upon reconsideration. The claim does not recite how evaluating the body temperature regulating function will used be used to solve any problem or be implemented into practical application to control an object based on the result of the evaluation. Even when considered in combination, these additional elements represent mere instructions to apply an exception and
insignificant extra-solution activity, which do not provide an inventive concept. Therefore claim 1 is not eligible.
Claim 2 recites, the method of claim 1, wherein the autonomic index includes at least one of a heart rate variability index or a pulse rate variability index, and
the perspiration index includes at least one of a skin conductance change or an amount of perspiration. Claim 2 recites additional details to the abstract idea without reciting any additional element that would amount to significantly more than the abstract ideas.
Claim 3 recites, the method of claim 1, wherein in the evaluating, the body temperature regulating function of the target is evaluated by further using classification information obtained by classifying a result of evaluating the body temperature regulating function into a plurality of patterns based on a threshold value set for each of the autonomic index and the perspiration index. Claim 3 recites additional details to the abstract idea which can be performed mentally with the aid of pen and paper and do not recite any additional element that would amount to significantly more than the abstract idea.
Claims 4-7 recite additional details to the abstract idea which can be performed mentally with the aid of pen and paper and do not recite any additional element that would amount to significantly more than the abstract idea.
Claim 12 recites, the method of claim 1 further comprising: acquiring an index of fatigue of a thermoregulation function indicating a degree of fatigue of the body temperature regulating function of the target; and evaluating exercise performance of the target using the index of fatigue of the thermoregulation function of the target. Claim 12 recites additional data gathering steps such as acquiring an index of fatigue of a thermoregulation function and performing mental process of evaluation of the exercise performance based on the acquired/gathered data. Claim 12 recites a simple act of evaluation which can be performed mentally thus falls into the mental concept groupings of abstract ideas and does not recite any additional elements that would amount to significantly more than abstract idea.
Claim 13 recites, the method of claim 12, wherein in the evaluating of the exercise performance, evaluating the exercise performance of the target allows an exercise performance index indicating the exercise performance of the target to
be output. Claim 13 recites to provide the value of evaluation which is a simple act that can be performed mentally with the aid of pen and paper. Thus the claimed limitations fall into the mental concept groupings of abstract ideas and does not recite any additional elements that would amount to significantly more than the abstract idea.
Claim 14 recites, the method of claim 12, wherein the acquiring of the index of fatigue includes: acquiring of an autonomic index of the target; and acquiring of a perspiration index of the target. Claim 14 recites mere data gathering step that is necessary to perform the recited judicial exception and thus is considered insignificant. Claim 14 does not recite any additional element that would amount to significantly more than the abstract idea.
Claims 15-18 recite additional details to the abstract idea which can be performed mentally with the aid of pen and paper and do not recite any additional element that would amount to significantly more than the abstract idea.
Independent claim 20 recites functional limitations which are similar to the functional limitations of claim 1 thus considered ineligible as discussed above in claim 1. Claim 20 recites additional elements “a first acquisition unit”, “a second acquisition unit” and “an evaluation unit”. These additional elements are recited at high level of generality that are being used to implement the abstract idea and do not amount to significantly more than the abstract idea.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,2 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP93 (JP 2013248293 A). The terms used in the reference are not exactly the same terms used in the claims but the reference conceptually teaches the claimed invention that is why the reference anticipates the claim instead of clearly anticipating it.
For claim 1, JP93 anticipates, a method for evaluating a body temperature regulating function (determining body temperature adjustment index, [0005] and [0006]), the method comprising:
acquiring an autonomic index of a target (obtaining autonomic nerve activity index of the user, [0045] and [0021]);
acquiring a perspiration index1 of the target (perspiration sensor determining state of perspiration (perspiration index), [0046],[0047] and [0045], see also [0021]); and
evaluating the body temperature regulating function of the target by using the autonomic index of the target and the perspiration index of the target (the body temperature adjustment index controlling the temperature regulation of the user’s body is determined/evaluated based on autonomic nerve activity index and user’s state of perspiration to evaluate whether to perform heating or cooling, [0029],[0031], [0056] and [0060]-[0062]).
JP93 teach:
[0005] Then, this invention calculates requires a body temperature adjustment index based on the state of a biological body2, and it aims at provision of the technique which performs body temperature adjustment appropriately by performing body temperature adjustment according to this body temperature adjustment index.
[0006] In order to solve the above-mentioned subject, the present invention adopted the following composition. The thermoregulation device according to the present invention performs at least one of heating and cooling on the living body based on the state detection unit that detects the state of the living body and the living body state detected by the state detection unit. A temperature adjustment operation unit that adjusts the temperature of the living body, and a control unit that obtains a temperature adjustment index based on a detection value of the state of the living body by the state detection unit, and operates the temperature adjustment operation unit based on the temperature adjustment index Equipped with Further, in the body temperature control method of the
present invention, the state detection unit detects the state of the living body, and the body temperature adjustment operation unit heats the living body based on the state of the living body detected by the state detection unit. The step of performing at least one operation of cooling to adjust the body temperature of the living body, and the control unit determines the body temperature adjustment index based on the detection value of the state of the living body by the state detection unit, and based on the body
temperature adjustment index And operating the body temperature adjustment operation unit. A method of regulating body temperature.
[0045] Then, the control unit 36a obtains an autonomic nerve activity index (for example, HF / LF or LF / (HF + LF)) from the power of each band, timeseries
data of the autonomic nerve activity index or the heart rate, a gradual fluctuation component The power (integral value) of the band VLF is set as a biological signal (step S260).
[0047] The state of perspiration may be detected not only by GSR but also by mounting a hygrometer (not shown) on the skin surface and measuring the humidity on the skin surface.
[0056] In addition, the control unit 36a determines the control amount of heating or cooling in accordance with a biological signal related to temperature regulation, for example, the VLF and the amount of sweating. If this VLF or sweat rate is high, the control amount is increased, and if it is low, the control amount is decreased. Then, the temperature adjustment direction and the control amount are set as a temperature adjustment index (step S340).
For claim 2, JP93 anticipates, the method of claim 1, wherein the autonomic index includes at least one of a heart rate variability index or a pulse rate
variability index (autonomic nerve index related to heart rate, [0045], [0021] and [0042]), and
the perspiration index includes at least one of a skin conductance change or an amount of perspiration (condition or state (index) of perspiration detected by measuring electrical conductivity of the skin or humidity on the surface of the skin (perspiration), [0021] and [0047]).
For claim 20, JP93 anticipates, a device for evaluating a body temperature regulating function (thermoregulation device controlling heating and cooling on user’s body based on body temperature index, [0005] and [0006]), the device comprising:
a first acquisition unit (state detection unit, [0006]) configured to acquire an autonomic index of a target (using the state detection unit, obtaining autonomic nerve activity index of the user, [0006], [0045] and [0021]);
a second acquisition unit (state detection unit, [0006]) configured to acquire a perspiration index (perspiration sensor determining state of perspiration (perspiration index) and obtained by state determination unit, [0006], [0046],[0047] and [0045], see also [0021]); and
an evaluation unit (a body temperature adjustment operation unit, [0008]) configured to evaluate the body temperature regulating function of the target by using the autonomic index of the target and the perspiration index of the target (the body temperature adjustment index used by the body temperature adjustment operation unit for controlling the temperature regulation of the user’s body is determined/evaluated based on autonomic nerve activity index and user’s state of perspiration to evaluate whether to perform heating or cooling, [0029],[0031], [0056] and [0060]-[0062]).
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) 3-7 are rejected under 35 U.S.C.103 as being unpatentable over JP93 (JP 2013248293 A) in view of CN77B (CN 106018677 B).
Regarding claim 3, JP93 teaches, the method of claim 1, wherein in the evaluating, the body temperature regulating function of the target is evaluated (the body temperature adjustment index controlling the temperature regulation of the user’s body is determined/evaluated based on autonomic nerve activity index and user’s state of perspiration to evaluate whether to perform heating or cooling, [0029],[0031], [0056] and [0060]-[0062]).
JP93 does not teach the details of by further using classification information obtained by classifying a result of evaluating the body temperature regulating function into a plurality of patterns based on a threshold value set for each of the autonomic index and the perspiration index.
CN77 teaches, further using classification information (human body heat stress divided into three stages- classification information) obtained by classifying a result of evaluating the body temperature regulating function (model output of core body temperature and sweat amount) into a plurality of patterns (three stages of the human body’s thermal reaction) based on a threshold value set for each of the autonomic index and the perspiration index (the model output for human body core body temperature and amount of sweat (body temperature regulating function) are compared to the core body temperature and sweat amount of three stages defining heat stress in the body. Each stage has corresponding limit values (thresholds) for core body temperature and sweat amount (autonomic index and perspiration index in view of JP93). Based on the comparison to the three stages, the user/worker’s body temperature regulating function is classified to determine whether the user is in the heat unadapted stage, the heat exhaustion stage or the heat shock state, page 3, 3rd-8th paragraph).
It will be obvious to someone of ordinary skill in the art to modify the method for evaluating a body temperature regulating function as taught by JP93 by applying the known technique of classifying the body temperature regulating function into plurality of patterns based on threshold value set as taught by CN77 as an improvement to the evaluation function to yield predictable results of evaluating user’s condition. Both the references are directed to determining user’s condition based on gathered user’s physiological data.
For claim 4, combination of JP93 and CN77 teach the method of claim 3. In addition CN77 teaches, the plurality of patterns are associated with a plurality of index sets, respectively (each of the three stages of heat stress has control limit values for both core body temperature (autonomical index) and sweat amount (perspiration index), page 3, 7th and 8th paragraph),
each of the plurality of index sets is configured as a combination of the autonomic index and the perspiration index each having a range defined by the threshold value (each of the three stages of heat stress has control limit values for both core body temperature (autonomical index) and sweat amount (perspiration index). The control limits or thresholds can be single value for each stage or a range of values for each stage. Range of values is an obvious variation of a single value3, page 3, 7th and 8th paragraph), and
in the evaluating, one of the plurality of index sets having a range including the autonomic index of the target and the perspiration index of the target is selected, and one of the plurality of patterns associated with the selected index set is evaluated to correspond to the body temperature regulating function of the target (the model output for human body core body temperature and amount of sweat (body temperature regulating function) are compared to the core body temperature and sweat amount of three stages defining heat stress in the body. Each stage has corresponding limit values (thresholds) for core body temperature and sweat amount (autonomic index and perspiration index in view of JP93). Based on the comparison to the three stages, the user/worker’s body temperature regulating function is classified to determine whether the user is in the heat unadapted stage, the heat exhaustion stage or the heat shock state, page 3, 3rd-8th paragraph).
For claim 5, combination of JP93 and CN77 teach the method of claim 3. In addition CN77 teaches, wherein the threshold value or values set for the autonomic index and/or the perspiration index is/are set for each of different temperatures (as recited in 3rd paragraph, each of the three stages of heat stress are different from each other meaning each stage has its own temperature range, control limit/ threshold values for core body temperature and sweat amount and for each stage the values are different from the other stages, page 3, 3rd - 8th paragraph).
For claim 6, combination of JP93 and CN77 teach the method of claim 3. In addition CN77 teaches, wherein the threshold value set for each of the autonomic index and the perspiration index is set based on an environment index that represents an environment where the target is situated immediately before the body temperature regulating function is evaluated (CN77 teaches the control limit values of core body temperature and sweat amount are determined according to high temperature environment, ambient temperature, humidity and other factors of the enviroment where the user/worker works as taught in page 2, 2nd - 3rd paragraph).
For claim 7, combination of JP93 and CN77 teach the method of claim 3. In addition JP93 teaches, wherein the threshold value set for each of the autonomic index and the perspiration index is set in consideration of characteristics of the target about an air temperature (the temperature adjustment index which is based of autonomical index and perspiration index as taught in [0055] and [0056] is determined also based on outside air temperature of the surrounding the user is such that appropriate heating or cooling can be performed as taught in [0060]-[0062]). The control limit values (thresholds) autonomical index and perspiration index for each stage are determined based on outside air temperature the user is, as taught in [0034]-[0036]).
Claim(s) 8 is rejected under 35 U.S.C.103 as being unpatentable over JP93 (JP 2013248293 A) in view of CN77 (CN 106018677 B) and Momayez et al. (US 20210264346 A1).
Regarding claim 8, combination of JP93 and CN77 teach the method of claim 3.
Neither in combination nor individually JP93 and CN77 teach the details of making notification of predetermined information to outside if a pattern of the target
evaluated in the evaluating corresponds to a predetermined one of the plurality of patterns, and a state where the target corresponds to the predetermined pattern has continued for a predetermined period.
Momayez et al. teaches, making notification of predetermined information to outside if a pattern of the target evaluated in the evaluating corresponds to a predetermined one of the plurality of patterns (the server compares the determined core body temperature of the worker to pre-set or dynamically set threshold ranges (plurality of patterns) and when the determined core body temperature falls into one of the threshold ranges, alert is sent to the supervisor as remedial action, [0009] and [0010]), and a state where the target corresponds to the predetermined pattern has continued for a predetermined period (the system also monitors how long the worker is exposed to the high temperature environment [0033] based on time from the last break4 as taught in [0034]).
Therefore it would be obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the method for evaluating a body temperature regulating function as taught by combination of JP93 and CN77 by applying the known technique of sending alert or making notification of predetermined information to outside as taught by Momayez et al. as an improvement to the evaluation of the body temperature regulating function to yield predictable results for alerting worker’s safety issue in a high heat environment.
Claim 9 is rejected under 35 U.S.C.103 as being unpatentable over JP93 (JP 2013248293 A) in view of CN77 (CN 106018677 B) and JP23 (JP 2019086223 A).
Regarding claim 9, combination of JP93 and CN77 teach the method of claim 1.
Neither in combination nor individually JP93 and CN77 teach the details of controlling a temperature in a room where the target is present, through an air processing device based on an evaluation result in the evaluating.
JP23 teaches, controlling a temperature in a room where the target is present (based on occupant’s presence and biological condition, air conditioning is performed, [0040]), through an air processing device based on an evaluation result in the evaluating (based on occupant’s heart rate, sweat amount and other biological signals, the air conditioner conditions the room, [0038] and [0043]).
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 method for evaluating a body temperature regulating function where body temperature of the user is controlled based on the evaluation as taught by combination of JP93 and CN77 by applying the known technique of controlling the air conditioner in a room where the user/occupant is present based on the evaluation results of user’s biological signals as taught by JP23 as an improvement to user’s heat stress in the body to yield predictable results for controlling the temperature of user’s environment.
Claims 10-11 are rejected under 35 U.S.C.103 as being unpatentable over JP93 (JP 2013248293 A) in view of CN77 (CN 106018677 B) and JP23 (JP 2019086223 A) and in further view of JP04 (JP 2014112004 A).
Regarding claim 10, combination of JP93, CN77 and JP23 teach the method of claim 9.
Neither in combination nor individually JP93, CN77 and JP23 teach the details of making the air processing device operate so that the temperature in the room is
equal to a predetermined first temperature, if the body temperature regulating function of the target is evaluated to fall under a first pattern; and making the air processing device operate so that the temperature in the room decreases to a predetermined second temperature lower than the predetermined first temperature and then increases to the predetermined first temperature, if the body temperature regulating function of the target is evaluated to fall under a second pattern that is different from the first pattern. However JP23 teach to condition the room based on biological signals of the user.
JP04 teaches, the controller (control software, page 19, 5th paragraph) includes: making the air processing device operate so that the temperature in the room is equal to a predetermined first temperature, if the body temperature regulating function of the target is evaluated to fall under a first pattern (when it is determined the user is at risk of heat stroke (first pattern), the blower fan, part of the air conditioning system, is started to reduce the room temperature (first predetermined temperature) for 3 minutes, page 20, 2nd – 5th paragraph);
and making the air processing device operate so that the temperature in the room decreases to a predetermined second temperature lower than the predetermined first temperature and then increases to the predetermined first temperature (after 3 minutes, if the temperature of the room is still not sufficiently close to the indoor temperature/humidity, the user is still in the risk of heat stroke, the blower operation is continued to further reduce the room temperature (second predetermined temperature) and after fixed interval if the room temperature is sufficiently close to target indoor temperature/humidity, the blower operation is stopped. That is room temperature will gradually start to increase from the second predetermined temperature (target indoor temperature/humidity) back to first predetermined temperature page 20, 2nd – 5th paragraph), if the body temperature regulating function of the target is evaluated to fall under a second pattern that is different from the first pattern (Once the room temperature is sufficiently close to target indoor temperature/humidity, that user is out of danger for heat stroke (second pattern), the blower operating (air conditioning) is stopped, page 20, 2nd – 5th paragraph, page 23, 2nd paragraph).
Therefore it would be obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the method for evaluating a body temperature regulating function where air conditioner is controlled based on the evaluation as taught by combination of JP93 and CN77 by applying the known technique of air conditioner to operate to reach room temperature equal to predetermined first temperature if the body temperature regulating function fall under a first pattern and continue to operate the air conditioner to reach room temperature equal to second temperature that is lower than first temperature and than back to first predetermined temperature if the body temperature regulating function fall under a second pattern as taught by JP04 as an improvement to room temperature control to yield predictable results for controlling the environment properly to reduce the number of heat stroke and hypothermia as taught by JP04 in page 25, 9th paragraph.
Regarding claim 11, combination of JP93, CN77 and JP23 teach the method of claim 9.
Neither in combination nor individually JP93, CN77 and JP23 teach the details of making the air processing device operate so that the temperature in the room is
equal to a predetermined first temperature, if the body temperature regulating function of the target is evaluated to fall under a first pattern; and making the air processing device operate so that the temperature in the room decreases to a predetermined second temperature lower than the predetermined first temperature and then increases to the predetermined first temperature, if the body temperature regulating function of the target is evaluated to fall under a second pattern that is different from the first pattern. However JP23 teach to condition the room based on biological signals of the user.
JP04 teaches, the controller (control software, page 19, 5th paragraph) includes: making the air processing device operate so that the temperature in the room is equal to a predetermined first temperature, if the body temperature regulating function of the target is evaluated to fall under a first pattern (when it is determined the user is at risk of heat stroke (first pattern), the blower fan, part of the air conditioning system, is started to reduce the room temperature (first predetermined temperature) for 3 minutes, page 20, 2nd – 5th paragraph);
and making the air processing device operate so that the temperature in the room decreases to a predetermined second temperature lower than the predetermined first temperature and then increases to the predetermined first temperature (after 3 minutes, if the temperature of the room is still not sufficiently close to the indoor temperature/humidity, the user is still in the risk of heat stroke, the blower operation is continued to further reduce the room temperature (second predetermined temperature) and after fixed interval if the room temperature is sufficiently close to target indoor temperature/humidity, the blower operation is stopped. That is room temperature will gradually start to increase from the second predetermined temperature (target indoor temperature/humidity) back to first predetermined temperature page 20, 2nd – 5th paragraph), if the body temperature regulating function of the target is evaluated to fall under a second pattern that is different from the first pattern and the temperature in the room is higher than or equal to a predetermined temperature (Once the room temperature is sufficiently close to target indoor temperature/humidity, that user is out of danger for heat stroke (second pattern), the blower operating (air conditioning) is stopped, page 20, 2nd – 5th paragraph, page 23, 2nd paragraph).
Therefore it would be obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the method for evaluating a body temperature regulating function where air conditioner is controlled based on the evaluation as taught by combination of JP93 and CN77 by applying the known technique of air conditioner to operate to reach room temperature equal to predetermined first temperature if the body temperature regulating function fall under a first pattern and continue to operate the air conditioner to reach room temperature equal to second temperature that is lower than first temperature and than back to first predetermined temperature if the body temperature regulating function fall under a second pattern as taught by JP04 as an improvement to room temperature control to yield predictable results for controlling the environment properly to reduce the number of heat stroke and hypothermia as taught by JP04 in page 25, 9th paragraph.
Claims 12-18 are rejected under 35 U.S.C.103 as being unpatentable over JP93 (JP 2013248293 A) in view of CN77 (CN 106018677 B) and Jang et al. (US 20120184871 A1).
Regarding claim 12 combination of JP93 and CN77 teach the method of claim 1.
Neither in combination nor individually JP93 and CN77 teach the details of acquiring an index of fatigue of a thermoregulation function indicating a degree of
fatigue of the body temperature regulating function of the target; and evaluating exercise performance of the target using the index of fatigue of the thermoregulation function of the target.
Jang et al. teaches, acquiring an index of fatigue (level of fatigue) of a thermoregulation function indicating a degree of fatigue of the body temperature regulating function of the target (a level of fatigue of the user is determined based on level of muscle fatigue, muscle movement signal and electromyographic signal -thermalregulation function, [0028] and [0040]);
and evaluating exercise performance of the target using the index of fatigue of the thermoregulation function of the target (based on fatigue index compared to threshold, the exercise monitor determines whether the specific exercise is risky (performance) for the user based on user’s current condition, [0075] and [0085]).
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 method for evaluating the body temperature regulating function of the target as taught by combination of JP93 and CN77 by applying the known technique of index of fatigue of a thermoregulation function and evaluating exercise performance based on the acquired fatigue index as taught by JP04 as an improvement to the method of evaluating body temperature to yield predictable results of controlling the user’s environment based on user’s condition.
Regarding claim 13, combination of JP93, CN77 and Jang et al. teach the method of claim 12. In addition Jang et al. teaches, in the evaluating of the exercise performance, evaluating the exercise performance of the target allows an exercise performance index indicating the exercise performance of the target to be output (the determined muscle fatigue is displayed by the controller, [0063],[0075] and [0085]).
Regarding claim 14, combination of JP93, CN77 and Jang et al. teach the method of claim 12. In addition Jang et al. teaches, the acquiring of the index of fatigue (a level of fatigue of the user is determined based on level of muscle fatigue, muscle movement signal and electromyographic signal -thermalregulation function, [0028] and [0040]) includes:
In addition JP93 teaches, acquiring of an autonomic index of the target (obtaining autonomic nerve activity index of the user, [0045] and [0021]); and
acquiring of a perspiration index of the target (perspiration sensor determining state of perspiration (perspiration index), [0046],[0047] and [0045], see also [0021]).
Regarding claim 15, combination of JP93, CN77 and Jang et al. teach the method of claim 14. In addition JP93 teaches, the autonomic index includes a heart rate variability index (autonomic nerve index related to heart rate, [0045], [0021] and [0042]), and
the perspiration index includes a skin conductance change or an amount of perspiration (condition or state (index) of perspiration detected by measuring electrical conductivity of the skin or humidity on the surface of the skin (perspiration), [0021] and [0047]).
Regarding claim 16, combination of JP93, CN77 and Jang et al. teach the method of claim 12. In addition Jang et al. teaches, in the evaluating of the exercise performance, the exercise performance of the target is evaluated by further using association information indicating association between each of different values of the index of fatigue of the thermoregulation function and an exercise performance index indicating the exercise performance (the controller determines the muscle fatigue and compares it (evaluation) with different thresholds. Each type of exercise has corresponding threshold and based on the comparison the controller determines the state of risk for each exercise type based on user’s determined fatigue value, [0075], [0077], [0080] and [0085]).
Regarding claim 17, combination of JP93, CN77 and Jang et al. teach the method of claim 16. In addition Jang et al. teaches, wherein the association information includes a plurality of types of information set according to types of exercise (each type of exercise has muscle identification information and a type of exercise forming a set of information related to fatigue and type of exercise. The determined muscle fatigue is compared with the set of information to determine the risk state of the user for each exercise type, [0077], [0075], [0080] and [0085]).
Regarding claim 18, combination of JP93, CN77 and Jang et al. teach the method of claim 16. In addition Jang et al. teaches, the association information includes a plurality of types of information set according to risks related to the thermoregulation function during an exercise (the fatigue level is compared to determine risk levels such as first risk level, second level and so on, [0085], see also [0075], [0077] and [0080]).
Claim 19 is rejected under 35 U.S.C.103 as being unpatentable over JP93 (JP 2013248293 A) in view of CN77 (CN 106018677 B) and Jang et al. (US 20120184871 A1) and in further view of JP23 (JP 2019086223 A).
Regarding claim 19 combination of JP93, CN77 and Jang et al. teach the details of method of claim 12.
Neither in combination nor individually JP93, CN77 and Jang et al. teach the details of making an air processing device control a temperature, a humidity, and/or an
airflow in a space where the target is present, based on an evaluation result in the evaluating of the exercise performance; or making a temperature processing device control a temperature, a humidity, and/or an airflow of an appliance or clothing touched by the target.
JP23 teaches, making an air processing device control a temperature, a humidity, and/or an airflow in a space where the target is present, based on an evaluation result in the evaluating of the exercise performance (based on occupant’s heart rate, sweat amount and other biological signals, the air conditioner conditions the room by changing room’s temperature, air flow direction and humidity, [0016]-[0017], [0038] and [0043];
or making a temperature processing device control a temperature, a humidity, and/or an airflow of an appliance or clothing touched by the target.
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 method for evaluating a body temperature regulating function where body temperature of the user is controlled based on the evaluation as taught by combination of JP93,CN77 and Jang et al. by applying the known technique of controlling the air conditioner in a room where the user/occupant is present based on the evaluation results of user’s biological signals as taught by JP23 as an improvement to user’s heat stress in the body to yield predictable results for controlling the temperature of user’s environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hong et al. (US 20160039424 A1) teaches a wearable device which evaluates user’s state index and compares with driving index to determine level of automation required by the car including temperature for user’s comfort.
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/ANZUMAN SHARMIN/Examiner, Art Unit 2115
/THOMAS C LEE/Supervisory Patent Examiner, Art Unit 2115
1 State is a value representing the amount of sweating/perspiration which is same as index of perspiration.
2 State of biological signal includes autonomic nerve activity index and perspiration index.
3 It will be obvious to someone of ordinary skill in the art to choose from a finite number of identified, predictable solutions such as a single value or range of values with reasonable expectation of success. MPEP.2143.I.(E)
4 The time for break can be predetermined or dynamic since workers are given breaks at each fixed intervals and the workers can choose to skip break if desired by the worker. Predetermined time is an obvious variation of dynamic time. Since the system monitors the time since last break to send alert, the system is well aware of the time the worker is exposed to the high heat environment to ensure the worked is not overworked in high heat environment.