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, 9, and 10 were amended and claims 2, 3, 8, 11, 12, and 17 were cancelled in the Amendment filed on January 26, 2026. Although claim 18 is labeled as “currently amended” there are no amendments presented in the claim.
Claims 1, 4-7, 9, 10, 13-16, and 18-19 are currently pending and under examination, of which claims 1 and 10 are independent claims.
Response to Amendment
Applicant’s amendments to claim 9 have 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 102 and 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 Objections
The following claims are objected to for lack of antecedent support or for redundancies. The Examiner recommends the following changes:
Claim 18, line 2, insert “first” before “data”.
Appropriate correction is respectfully requested.
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 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”.]
using the first data to … identify at least one of a plurality of general object categories; Salem: Paragraphs [0050] and [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 sensor data or information used to identify the occupant as either person, group of people, or pet reads on “using the first data to 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 “directly identify at least one of a plurality of general object categories;” where 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:
…using the first data to directly identify at least one of a plurality of general object categories;… 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 information from the at least one sensor to determine the size of the occupant to determine whether the occupant is a human or pet reads on “using the first data to directly identify at least one of a plurality of general object categories”.]
…wherein the first data indicates at least a size of an object being sensed by the at least one sensor. Golden: Paragraph [0049] [As described above.] [The size of the occupant from the 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 and Golden before them, to use the first data to directly identify at least one of a plurality of general object categories, where the first data indicates 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 teaches 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 teaches 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 teaches 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 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 and Golden teach all the claimed recitations of claim 10, from which claim 20 depends. Salem further teaches:
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 and Golden in view of Jonsson (US Patent Publication No. 2024/0144692 A1) (“Jonsson”).
Regarding claim 7, Salem and Golden teach all the claimed features of claim 1, from which claim 7 depends. Salem 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, 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 and Golden in view of Modi et al. (US Patent Publication No. 2016/0300479 A1) (“Modi”).
Regarding claim 9, Salem and Golden teach all the claimed features of claim 1, from which claim 9 depends. Salem 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 Sale, 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. 2017/0003047 A1 to Groham describes in paragraph [0025] “The system differentiates between a person 171 and a pet 172 based on learned behavioral patterns. Specifically, the presence of a pet is detected when for a defined period of time no human activity is detected within the building, but a motion is sensed at the same time. Human activity can be identified by any of or the combination of the following: detected correct interaction with a user interface to the system, detection of turning on or off a TV or computer or a computing device, turning on the stove or a microwave, sound of human voice, human coughing, yawning or sneezing detected inside of the building, thermal imaging detection of a human-sized body, camera recognition of a human, etc.”
US Patent Publication No. 2011/0253796 A1 to Posa et al. describes in paragraph [0017] “Another option would be to apply different rules/considerations based on a pre-defined “profile” for a particular person. For example, a particular person may prefer to keep the room they are occupying at a higher or lower temperature than other potential occupants; in cases such as these, the system may identify particular occupants by their size, heat signature, or other methods of analysis and, based on their profile, define the environmental parameters to be applied to the rooms they are occupying at a particular time. When multiple occupants having dissimilar profiles are in the same room, the system would derive compromise settings based on pre-defined rules for factoring in the profiles of each occupant.”
US Patent Publication No. 2024/0118720 A1 to Ovadia describes in Paragraph [0055] (“Another option would be to apply different rules/considerations based on a pre-defined “profile” for a particular person. For example, a particular person may prefer to keep the room they are occupying at a higher or lower temperature than other potential occupants; in cases such as these, the system may identify particular occupants by their size, heat signature, or other methods of analysis and, based on their profile, define the environmental parameters to be applied to the rooms they are occupying at a particular time. When multiple occupants having dissimilar profiles are in the same room, the system would derive compromise settings based on pre-defined rules for factoring in the profiles of each occupant.”)
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Choi whose telephone number is (571)272-1473. The examiner can normally be reached Monday - Friday 7:30 am to 5:00 pm.
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/ALICIA M. CHOI/Primary Patent Examiner, Art Unit 2117