DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after December 9, 2016, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 10, and 18 were amended in the Amendment filed on May 11, 2026.
Claims 1, 4-7, 9, 10, 13-16, and 18-20 are currently pending and under examination, of which claims 1 and 10 are independent claims.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 11, 2026 has been entered.
Response to Amendment
Applicant’s amendments to claim 18 has overcome the objections previously set forth.
Response to Arguments
Applicant’s clarifying arguments of the intended scope and amendments to the claims in response to 35 USC 103 rejections previously presented have been considered but are moot because the arguments do not apply to the new cited reference being used in the current rejections. Dependent claims 4-7 and 9 depend from independent claim 1; and dependent claims 13-16 and 18-20 depend from independent claim 10.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1, 4-7, 9, 10, 13-16, and 18-20 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Independent claim 1 is amended to recite “…receiving from at least one sensor a first data; using the first data to determine a number of individuals within an area proximate to the at least one sensor; using the number of individuals to directly identify at least one of a plurality of general object categories;…” (Emphasis added) The Office respectfully submits that the Specification does not offer support for “using the number of individuals to directly identify at least one of a plurality of general object categories”.
The Amendment filed on May 11, 2026 refers to Paragraphs [0017] and [0066] of the Specification offering support for the claim amendment. The Office respectfully notes that although the Amendment indicates that the paragraphs refer to the Specification ass filed, based on the context referred to in the first paragraph of the Amendment, it appears that the published Specification is the one being referred to. Accordingly, the Office refers to the following portions of the published Specification. The Office respectfully submits that neither Paragraphs [0017] of [0066] offers support for the amended limitation “using the number of individuals to directly identify…”. The Office reviewed other portions of the Specification but was unable to find adequate support.
Paragraph [0003] of the published Specification describes the following:
A controlling device, which may be in the form of a thermostat, receives from at least one sensor a first data and the controlling device uses the first data to identify at least one of a plurality of general object categories. In an example, the general object categories include an adult male, an adult female, a child, and a pet. The identified at least one of the plurality of general object categories to is used to select at least one of a plurality of heating, ventilation, and cooling (HVAC) profiles. The selected at least one of the plurality of HVAC profiles is then used to control a state one of more HVAC elements, such as a heating unit, an air conditioning unit, a door, a window, a window dressing, and the like. (Emphasis added)
Paragraph [0017] of the published Specification describes the following:
For determining/differentiating between a size, shape, mass, etc. of one or more individuals and/or pets in an environment, the sensor 128 is preferably an occupancy or motion sensor. For this purpose and by way of non-limiting example, the sensor 128 may be a passive infra-red, sensor system such as described in U.S. Patent No. 5,670, 943, or U.S. Patent No. U.S. Pat. No. 10,119,858, a doppler based sensor system such as described in U.S. Pat. No. 11,080,974, a LIDAR based sensor system, etc. The sensor 128 could also be a carbon dioxide detector that detects the level of carbon dioxide in the ambient air, that reports the level to controller 118, and that determines a type for an individual or pet based on the amount of carbon dioxide detected.
Paragraph [0066] of the published Specification describes, in part, the following:
In one embodiment, processor 500 uses a current state of occupancy of one or more areas inside structure 100, along with the ambient indoor temperature and desired setpoint temperature, to calculate, or modify one or more existing, expected thermal responses. In this embodiment, processor 500 receives occupancy signals from one or more occupancy sensors 128, either via network interface 504 or a dedicated, prior art receiver of thermostat 106.
However, similar to other portions of the Specification, none of the referred paragraphs in the Amendment offer support the method uses a number of individuals or occupants to directly identify at least one of a plurality of general object categories, which may be an adult, a child or a pet. Other than a sensor determining/differentiating between a size, shape, mass, etc. of one or more individuals and/or pets in an environment, none of the portions describe that the “number of individuals” is used “to directly identify” at least one of a plurality of object categories.
As a result, independent claim 1 and related dependent claims are rejected because the amended recitations fail to comply with the written description requirement.
Independent claim 10 was similarly amended as independent claim 1. Therefore, independent claim 10 and related dependent claims are also rejected under 35 USC 112(a).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter, which the inventor or a joint inventor regards as the invention.
Claims 1, 4-7, 9, 10, 13-16, and 18-20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent claim 1 is amended to recite “…receiving from at least one sensor a first data; using the first data to determine a number of individuals within an area proximate to the at least one sensor; using the number of individuals to directly identify at least one of a plurality of general object categories;…” (Emphasis added) The Office respectfully submits that the amended recitations are unclear and indefinite.
The Office respectfully submits that it is not clear how “using the number of individuals” can “directly identify at least one of a plurality of general object categories”. A person of ordinary skill in the relevant art would not be able to see how a number of individuals can be used to directly identify whether they are adults (male or female), child, or pet.
The Specification does not provide clear explanation on how as sensed number of individuals can be used to “directly identify at least one of a plurality of general object categories”. Paragraph [0075] of the published Specification provides that “While the foregoing disclosure shows illustrative embodiments of the invention and particularly a system that has the advantage of allowing for control in a manner that is fully private, i.e., there is no need for identification of a user per se as control is being triggering on purely a profile based on size/shape/etc., it should be noted that various changes and modifications could be made herein without departing from the scope of the invention as defined by the appended claims.” Based on a size or shape of an individual, the individual can be identified. For the reasons provided in the rejections under 35 USC 112(a), the Specification does not offer support and a clear explanation on how as sensed number of individuals can be used to “directly identify at least one of a plurality of general object categories”. It is unclear how it is possible to identify the individual based on a number of individuals.
The Office is unable to properly examine the intended scope of the claim in view of the amended recitations.
In view of the foregoing, independent claim 1 and related dependent claims are rejected because the amended recitations render the claims indefinite.
In an effort to advance examination, the Office will construe independent claim 1 as follows:
A method, performed by a controller, comprising:
receiving from at least one sensor a first data;
using the first data to determine a number of individuals within an area proximate to the at least one sensor;
using the identified at least one of the plurality of general object categories to select at least one of a plurality of heating, ventilation, and cooling (HVAC) profiles; and
using the selected at least one of the plurality of HVAC profiles to control one of more HVAC elements;
wherein the first data indicates at least a size of an object being sensed by the at least one sensor.
Independent claim 10 was similarly amended as independent claim 1. Therefore, independent claim 10 and related dependent claims are also rejected under 35 USC 112(b).
For purposes of examination and in an effort to advance examination, the Office will construe independent claim 10 with the following recitations”
A non-transitory, computer readable media having instructions stored thereon, the instructions, when executed by a controlling device, causing the controlling device to perform steps, comprising:
receiving from at least one sensor a first data;
using the first data to determine a number of individuals within an area proximate to the at least one sensor;
using the identified at least one of the plurality of general object categories to select at least one of a plurality of heating, ventilation, and cooling (HVAC) profiles; and
using the selected at least one of the plurality of HVAC profiles to control one of more HVAC elements, wherein the first data indicates at least a size of an object being sensed by the at least one sensor.
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.
Claims 1, 4-6, 10, 13-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Salem et al. (US Patent Publication No. 2019/0309975 A1) (“Salem”), in view of Raykov et al. (US Patent Publication No. 2017/0364817 A1) (“Rayov”), and further in view of Golden et al. (US Patent Publication No. 2016/0209072 A1) (“Golden”).
Regarding independent claim 1, Salem teaches:
A method, performed by a controller, comprising: Salem: Paragraph [0049] (“Comfort management control devices (“CMCDs”) 220A, 220B, are respectively located in rooms 110D, 110E. The CMCDs are communicatively coupled to network 170 through respective communication transceivers (not shown), and in the illustrated embodiment the coupling occurs through a wireless router 171.”) Salem: Paragraph [0023] (“The temperature control unit may determine the operational mode of the system based on information gathered from an occupancy sensor. In another aspect, the location of the temperature control unit is determined using a GPS unit; and further, the location may include the altitude of the temperature control unit. Information on the altitude of the temperature control unit may also be gathered from an altimeter in the temperature control unit, and the outdoor environmental information may be obtained based on the location of the temperature control unit.”)
receiving from at least one sensor a first data; Salem: Paragraph [0008] (“Further, certain pets may be sensitive to environmental conditions, and desired initial set point parameters may be entered for such pets. Each comfort target is uniquely identified in the embodiments of the present invention and associated with a particular initial set point parameter; if no initial set point parameter is entered, a predetermined default initial set point parameter may be utilized by embodiments of the present invention. Further, in association with each comfort target, an occupancy type and preference region of the defined treatment region can be specified; for example, if the comfort target is a pet aquarium that resides within a particular room of a defined treatment region, its initial set point parameter may be further defined to associate only with that room. If a particular person of the treatment target group preferably occupies a master bedroom of the defined treatment region, for example, such information may be provided and associated with the initial set point parameter uniquely associated with that person.”) Salem: Paragraph [0050] (“Sensors may be placed in any location desired within or outside of facility 110 to obtain environmental parameters allowing computation of an optimal comfort zone range for the identified occupants of facility 110. Sensors such as those shown in 222A, 222B, 222C, 222D, and 222E may comprise any type of sensors configured to obtain environmental parameters in computation and adjustment of a comfort zone range, such as a temperature sensor; an area occupancy sensor; an infrared temperature measurement sensor; an internal humidity measurement sensor, an external humidity measurement sensor, a barometric pressure sensor, a GPS geolocation sensor, an internal temperature sensor, an external temperature sensor, an external wind speed sensor, an external wind direction sensor, a precipitation sensor, and a weather forecast service interface. In one embodiment of the present invention sensors 222A, 222B, 222C, 222D, and 222E are configured to provide environmental parameters to CMCDs 220A, 220B, providing information such as whether or not each respective room of facility 110 is occupied, a body temperature of an occupant of any of the rooms 110A, 110B, 110C, 110D, 110E of the facility 110, temperature of any of the rooms 110A, 110B, 110C, 110D, 110E, a relative humidity of any of the rooms 110A, 110B, 110C, 110D, 110E, and operational status of an appliance within any of the rooms 110A, 110B, 110C, 110D, 110E, or any other desired environmental parameter that may assist with computation of the comfort zone range as identified above. The CMCDs 220A 220B may also detect changes in environmental loading parameters utilized in such computations. For example, but not by way of limitation, sensor 222E reports an environmental parameter that person 120E is present within room 110E, and sensor 222C reports an environmental parameter that person 120C is present within room 110C and is exercising. Each of these factors respectively affects a comfort zone range that made best be individually computed for each of the defined treatment regions to maintain comfort for the prospective occupants.”) Salem: Paragraph [0058] (“Steps in initializing the comfort management control device continues with FIG. 7 step 715, where the sensor interface regarding sensors in each respective defined treatment regions is configured. As mentioned previously, the sensor interface of the present invention may be configured to obtain environmental information of any desired type from any provided sensors, including, for instance, a temperature sensor, an area occupancy sensor, an infrared temperature measurement sensor, an internal humidity measurement sensor, an external humidity measurement sensor, a barometric pressure sensor, a GPS geolocation sensor; an internal temperature sensor, an external temperature sensor, an external wind speed sensor, an external wind direction sensor, a precipitation sensor, and a weather forecast service interface. The temperature sensor may comprise any type of temperature sensing device, including, but not limited to, a thermistor, a thermocouple, a semiconductor, an infrared sensor or any other type of temperature sensor. The area occupancy sensor may comprise any type of sensor detecting occupation of building area by a person or pet, including, but not limited to, an ultrasonic sensor, passive infrared sensor, a reflected RF sensor, a capacitive sensor, or any other type of occupancy sensor.”) [The occupant (person(s) or pet) sensed reads on “a first data”.]
…
Salem: Paragraph [0058] [As described above.] Salem: Paragraph [0008] (“Each comfort target is uniquely identified in the embodiments of the present invention and associated with a particular initial set point parameter; if no initial set point parameter is entered, a predetermined default initial set point parameter may be utilized by embodiments of the present invention.”) Salem: Paragraph [0060] (“In FIG. 7, 725, comfort target profiles are created. As mentioned previously, comfort targets can comprise one or more of a person, a group of people, a pet, an environmentally-sensitive article, or any item for which an environmental comfort zone is to be maintained within the facility. Each type of comfort target may have unique desires and attributes that define comfort within the defined comfort region. For example, each person within the aforementioned group of people may have unique preferred temperature ranges, some of which may overlap. As such, comfort target profiles are created 725 which provide information that one or more comfort target records, each comfort target record including one or more of a comfort target unique ID and one or more of an initial set point parameter associated with the comfort target unique ID; a comfort target type; a preferred occupancy area of the facility; a default occupancy schedule; and priority information regarding resolution of comfort zone range conflicts. Optionally, each comfort target record may further respectively include biometric information such as age, height, gender, likely room of domicile (bedroom), and likely work room (e.g. office); such parameters may assist the CMCD with determining the identify of an occupant being tracked by the sensors of the present invention, and may also assist with population of default values such as the initial set point parameter. Further, identifying information of a mobile device used by a tracking target (such as a mobile phone number or IMEI of such mobile device) may be entered into the comfort target record so that communications with the comfort target's mobile device may provide tracking information or prediction information to allow dynamic adjustment of the defined treatment region (for instance if the comfort target is arriving at the facility and is preparing for ingress) or to allow dynamic adjustment of the comfort zone range (for instance, the comfort target utilizes software on the comfort target's mobile device to send information to the CMCD to adjust a HVAC operational mode, a comfort level or an initial comfort parameter).”) [The determining of the identify of an occupant as either person, group of people, or pet reads on “directly identify at least one of a plurality of general object categories”.]
using the identified at least one of the plurality of general object categories to select at least one of a plurality of heating, ventilation, and cooling (HVAC) profiles; and Salem: Paragraphs [0008] and [0060] [As described above.] [The comfort target profile chosen based on the occupant or target identified (person(s) or pet) from sensor data reads on “using the identified at least one of the plurality of general object categories to select at least one of a plurality of heating, ventilation, and cooling (HVAC) profiles”.]
using the selected at least one of the plurality of HVAC profiles to control one of more HVAC elements;… Salem: Paragraphs [0008] and [0060] [As described above.] Salem: Paragraph [0059] (“Initializing the comfort management control device continues with FIG. 7 step 720, where HVAC system interfaces and treatment region interfaces are established. For example, if any dampers are configured to operate in ducts located in a defined treatment region, interfaces to those dampers (whether by a wired connection or through a wireless RF protocol) is set up to allow control of the dampers within the applicable defined treatment region. Further, interfaces to controls of other HVAC system components is also established, allowing the CMCD to operate the HVAC to maintain the environment within the relevant defined treatment area within a comfort zone range. The HVAC control interface, for example, controls fans and heating and cooling equipment to maintain an environment within the defined treatment region within the identified comfort zone range. Maintaining the comfort zone range in this manner may cause the HVAC control interface to operate the HVAC system components for longer or shorter durations than they would operate when controlling to a comfort level corresponding to a comfort target's initial set point parameter.”) [The comfort target profile chosen based on the occupant or target identified (person(s) or pet) to adjust or control the HVAC operational mode reads on “using the selected at least one of the plurality of HVAC profiles to control one of more HVAC elements”.]
Salem does not expressly teach the amended recitations including “using the first data to determine a number of individuals within an area proximate to the at least one sensor…wherein the first data indicates at least a size of an object being sensed by the at least one sensor.” However,
…using the first data to determine a number of individuals within an area proximate to the at least one sensor;… Raykov: Paragraph [0038] (“The present technique extends the use of the PIR sensor (or other types of motion sensor as discussed above) to provide a quantitative estimate of the number of occupants detected in the region in which the sensor is provided. The region of interest may be a space with relatively well-defined boundaries, such as a room, courtyard or other confined space. However, the technique could also be used for less well-defined regions, e.g. the region of interest could simply be the vicinity of the PIR sensor, without being demarked with walls or other boundaries. The occupants being detected may typically be human beings, but could also be other non-human animals such as livestock or pets.”) Raykov: Paragraphs [0031]-[0035] Also, the technique of estimating the number of occupants in a region based on the spread of sensor values may also be applied to other types of motion sensor, not just a PIR sensor. For example, the at least one motion sensor may comprise an active sensor, which emits radiation into the region and senses motion based on reflection of the emitted radiation from the region. In particular, the active sensor could be any of the following: an active infrared sensor, which emits infrared radiation into the region and senses motion based on reflection of the emitted infrared radiation; a microwave motion sensor, which emits microwave radiation into the region and senses motion based on reflection of the emitted microwave radiation; or an ultrasonic motion sensor, which emits ultrasound radiation into the region and senses motion based on reflection of the emitted ultrasound radiation… In some examples, a combination of two or more different types of sensor (e.g. one PIR sensor and one ultrasound sensor) could be used.”) [Detecting number of occupants (including human, livestock or pets) in the vicinity of the sensor in a space, region, room, courtyard, or well-defined boundaries from PIR sensor, active infrared sensor, microwave motion sensor, or ultrasonic motion sensor radiation reads on “using the first data to determine a number of individuals within an area proximate to the at least one sensor”.]
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Salem and Raykov before them, for using the first data to determine a number of individuals within an area proximate to the at least one sensor because the references are in the same field of endeavor as the claimed invention and they are focused on analyzing environmental parameters.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because a simple sensor combined with “intelligent” machine learning models can be utilized to solve the more complex problem of counting occupants in a room with the ability to count the number of room occupants to within ±1 individual while substantially reducing the hardware costs, computational power and the need for specialist installation. Raykov Paragraph [0137].
Salem and Raykov do not expressly teach the recitations including that such first data that directly identifies at least one of the general object categories “indicates at least a size of an object being sensed by the at least one sensor”. However, Golden describes a smart thermostat. Golden teaches:
…wherein the first data indicates at least a size of an object being sensed by the at least one sensor. Golden: Paragraph [0049] (“In a typical embodiment, the at least one sensor 210 is configured to emit electromagnetic field or a beam of electromagnetic radiation 506. The at least one sensor 210 looks for changes in the field or return signal caused by movement of, for example, an occupant 508. The occupant 508 may be, for example, a human or a pet. In other embodiments, the at least one sensor 210 is configured to detect an approaching occupant 508 by infrared light reflection. In other embodiments, the at least one sensor 210 is configured to perform facial recognition of the occupant 508 to distinguish between a human and a pet. In a typical embodiment, information from the at least one sensor 210 is used to determine whether an occupant 508 is present. In addition, information from the at least one sensor 210 is used to determine, for example, distance of the occupant 508 from the programmable intelligent thermostat 102, size of the occupant 508, whether the occupant 508 is a human or pet, and the like. In some embodiments, based upon the determination, various component of the programmable intelligent thermostat 102 are automatically adjusted. In other embodiments, based upon the determination, the programmable intelligent thermostat 102 automatically adjusts heating or cooling operation of the HVAC system to conserve energy. In some embodiments, the HVAC system may adjust heating or cooling differently depending on whether a human or a pet has been detected.”) Golden: Paragraph [0053] (“In some embodiments, the HVAC system may adjust heating or cooling differently depending on whether a human or a pet has been detected. In another example, if the movement is by a human, the programmable intelligent thermostat 102 can initiate “wake-up” prior to the human touching the display 208 of the programmable intelligent thermostat 102.”) [The determined size of the occupant to determine whether the occupant is a human or pet based on information from the at least one sensor reads on “at least a size of an object being sensed by the at least one sensor”.]
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Salem, Raykov, and Golden before them, for the first data to indicate at least a size of an object being sensed by the at least one sensor because the references are in the same field of endeavor as the claimed invention and they are focused on analyzing environmental parameters.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would provide a comfortable environment based on an object’s size, while conserving energy. Golden Paragraphs [0049] and [0053].
Regarding claim 4, Salem, Raykov, and Golden teach all the claimed features of claim 1, from which claim 4 depends. Salem further teaches:
The method as recited in claim 1, wherein the at least one sensor comprises a passive infrared sensor. Salem: Paragraph [0058] [As described in claim 1] [The area occupancy sensor may comprise any type of sensor detecting occupation of building area by a person or pet, including, but not limited to a passive infrared sensor reads on “a passive infrared sensor”]
Regarding claim 5, Salem, Raykov, and Golden teach all the claimed features of claim 1, from which claim 5 depends. Salem further teaches:
The method as recited in claim 1, wherein the at least one sensor comprises an occupancy sensor. Salem: Paragraph [0058] [As described in claim 1] [The area occupancy sensor may comprise any type of sensor detecting occupation of building area by a person or pet, including, but not limited to any other type of occupancy sensor reads on “an occupancy sensor”.]
Regarding claim 6, Salem, Raykov, and Golden teach all the claimed features of claim 1, from which claim 6 depends. Salem further teaches:
The method as recited in claim 1, wherein the at least one sensor comprises a motion sensor. Salem: Paragraph [0062] (“As such occupants move room to room, sensors in the rooms detect such motion and track the occupants (and most likely comfort target profiles) accordingly. This tracking, in turn is used for input to adjust the defined treatment region boundaries as provided in step 625.”)
Regarding independent claim 10, Salem teaches:
A non-transitory, computer readable media having instructions stored thereon, the instructions, when executed by a controlling device, causing the controlling device to perform steps, comprising: Salem: Paragraph [0042] (“The present technology may be embodied as a method, a system, a device, and/or a computer program product, for example within a comfort management control device. Accordingly, the present technology may take the form of an entirely software embodiment, an entirely hardware embodiment, or an embodiment combining aspects of both software and hardware. Furthermore, the present technology may take the form of a computer program product on a computer-readable storage medium having computer-readable program code embodied in the storage medium. Any suitable computer-readable storage medium may be utilized, including any combination of hard disks, CD-ROM, FLASH memory, optical storage devices, magnetic storage devices, USB memory devices, any appropriate volatile or non-volatile memory system, and the like. The present technology may take the form of a downloadable and/or cloud-based non-downloadable computer program product and/or methods.”)
Regarding the remaining recitations of independent claim 10, the claim recites similar limitations as corresponding independent claim 1 and is rejected using the same teachings and rationale.
Regarding claim 13, the claim recites similar limitations as corresponding claim 4 and is rejected using the same teachings and rationale.
Regarding claim 14, the claim recites similar limitations as corresponding claim 5 and is rejected using the same teachings and rationale.
Regarding claim 15, the claim recites similar limitations as corresponding claim 5 and is rejected using the same teachings and rationale.
Regarding claim 19, Salem, Raykov, and Golden teach all the claimed recitations of claim 10, from which claim 19 depends. Salem further teaches:
The non-transitory, computer readable media as recited in claim 10, wherein the controlling device comprises a thermostat. Salem: Paragraph [0005] (“These HVAC equipment components are in turn operated by a control unit (for example, …a thermostat), which monitors one or more environmental parameters and operates HVAC equipment to maintain an internal environment within desired parameters to achieve comfort for occupants of such internal environments.”)
Regarding claim 20, Salem, Raykov, and Golden teach all the claimed recitations of claim 10, from which claim 20 depends.
The non-transitory, computer readable media as recited in claim 10, wherein the one or more HVAC elements is at least one of a heating system, an air conditioning system, a window, a door, and a window dressing. Salem: Paragraph [0005] (“As used herein, the term Heating, Ventilation, and Air Conditioning (“HVAC”) addresses a broad range of techniques and equipment used in the technology of indoor and environmental comfort. Also for purposes of this application, “HVAC” may include a broad range equipment that is intended to be used in the treatment of internal environments, including chiller units, heat pumps, forced air heat systems, radiant heating systems, geothermal heating systems, steam radiators, geothermal cooling systems, solar heating systems, evaporative coolers, airflow dampers, active or passive ventilation systems, and humidity control systems, among others. These HVAC equipment components are in turn operated by a control unit (for example, in prior systems, a thermostat), which monitors one or more environmental parameters and operates HVAC equipment to maintain an internal environment within desired parameters to achieve comfort for occupants of such internal environments.”)
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Salem, Raykov, and Golden in view of Jonsson (US Patent Publication No. 2024/0144692 A1) (“Jonsson”).
Regarding claim 7, Salem, Raykov, and Golden teach all the claimed features of claim 1, from which claim 7 depends. Salem, Raykov, and Golden do not expressly teach the features of claim 7. However, Jonsson describes a people detector in an HVAC system. Jonsson teaches:
The method as recited in claim 1, wherein the at least one sensor comprises a Light Detection and Ranging (LIDAR) sensor. Jonsson: Paragraph [0002] (“People detectors can also be used to count people in a certain space, such as commercial or residential properties, to thereby control Heat, Ventilation and Air Conditioning (HVAC) or for keeping track of the number of people in a certain space, e.g. for fire protection purposes or office utilisation metrics.”) Jonsson: Paragraph [0039] (“The people sensor 2 can e.g. be based on capturing an image of the space by the doorway in two dimensions (2D) or three dimensions (3D), e.g. based on Time-of-Flight (ToF) detection, visual imaging (i.e. a camera), infrared detection, thermal detection, lidar, radar, etc.”)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Salem, Raykov, Golden, and Jonsson before them, for the at least one sensor to comprise a Light Detection and Ranging (LIDAR) sensor because the references are in the same field of endeavor as the claimed invention and they are focused on analyzing environmental parameters.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would to effectively control air conditioning in a certain space. Jonsson Paragraph [0002].
Regarding claim 16, the claim recites similar limitations as corresponding claim 7 and is rejected using the same teachings and rationale.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Salem, Raykov, and Golden in view of Modi et al. (US Patent Publication No. 2016/0300479 A1) (“Modi”).
Regarding claim 9, Salem, Raykov, and Golden teach all the claimed features of claim 1, from which claim 9 depends. Salem, Raykov, and Golden do not expressly teach the features of claim 9. However, Modi describes a motion sensor adjustment. Modi teaches:
The method as recited in claim 1, wherein the at least one sensor is caused to provide the first data in response to an appliance being determined to be in a predetermined state. Modi: Paragraph [0066] (“The signal adjuster 120 may use the HVAC status 155 to determine if an alert, indicating the detection of motion, from the motion sensor 210 is a false alert. The signal adjuster 120 may determine, from the HVAC status 155, if a vent in the same room as the motion sensor 210 was on, and pumping air into the room, during the time period over which the motion sensor 210 detected motion based on a moving heat source detected by the passive infrared sensor 212. The sensor adjuster 120 may also determine if such as vent in the room is located near an object that may be moveable by air from the vent and susceptible to heating from an outside source. For example, the vent may be near a window curtain, which may been blown around when the vent is active, and may be warmed by sunlight coming through the window. If the HVAC status 155 indicates that such a vent was operating when motion was detected by the motion sensor 210, the signal adjuster may cause the alert from the motion sensor 210 to be disregarded as a false alert. The passive infrared sensor 212 may have detected a warm window curtain, moved by air from the vent, as a moving heat source. The signal adjuster 120 may also be able to determine, based on the alert signal from the motion sensor 210, where in the room motion was detected, and may further cross-check the location of the detected motion with the known location of objects such as window curtains, to further determine that the alert is a false alert.”) [The HVAC status reads on “an appliance determined to be in a predetermined state” and if the HVAC status indicates that such a vent was operating when motion was detected by the motion sensor reads on “the at least one sensor is caused to provide the first data”.]
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Salem, Raykov, Golden, and Modi before them, for the at least one sensor is caused to provide the first data in response to an appliance being determined to be in a predetermined state because the references are in the same field of endeavor as the claimed invention and they are focused on analyzing environmental parameters.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it may be determined based on the current temperature and at least one previous temperature that an area in proximity to the passive infrared sensor has experienced a temperature change. In response to the determination that the area in proximity to the passive infrared sensor has experienced a temperature change, the signal indicating that a moving heat source was detected by the passive infrared sensor may be disregarded as a false alert and no indication of motion detected may be sent. Modi Paragraph [0002].
Regarding claim 18, the claim recites similar limitations as corresponding claim 9 and is rejected using the same teachings and rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Publication No. 2011/0193700 A1 to Fitzgibbon et al. describes in paragraph [0043] (“The determination that a person or persons are originally in the house may be made by any sensor arrangement (e.g., a passive infrared (PIR) sensor) that senses and determines that the number of persons present in the house. In one example, various sensors may be located in various positions or locations in the house (e.g., in different rooms). These sensors sense the activities (or presence) of persons in the house and a determination (i.e., count) is made as to an original number of persons present in the house from these sensed readings.”)
US Patent Publication No. 2015/0177716 A1 to Hyman et al. describes data analytics on the sensor information of a plurality of temperature sensors within the room or area can be used to track, for example, a rate of temperature change through the room or area. This information can be used to determine, for example, are flow through the room or area. Analytics of the sensed temperature information can be used for HVAC (heating, ventilation, and air conditioning), and space (vent locations and air speed) optimizations. Further, for example, data analytics on sensed data of ambient light sensors can be used for determining the location, orientation, and/or direction of windows of an area. Further, the data analytics can be used to determine the orientation of the area or room itself.
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/ALICIA M. CHOI/Primary Patent Examiner, Art Unit 2117
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