DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 1 is pending.
Priority
Applicant’s claim for the benefit of provisional application 63/106,857 submitted on 10/28/2020 is acknowledged.
This application is a CIP of 17/512,465 filed on 10/27/2021, now Patent No. 11,860,596.
This application is a CIP of 17/512,467 filed on 10/27/2021, now Patent No. 11,934,165.
This application is a CIP of 17/512,470 filed on 10/27/2021, now Patent No. 11,782,408.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,782,408. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of 11,782,408 recite very similar structure and functionality as discussed in the table below.
18/375,856 (instant)
11,782,408
Analysis
Claim 1
A user device comprising:
a user interface;
a communication interface to communicate with one or more photovoltaic windows; and
a processing subsystem that is communicatively coupled to the user interface and the communication interface, wherein the processing subsystem is configured to:
generate a representation of a photovoltaic window of the one or more photovoltaic windows;
receive a user input via the user interface indicating a selection of the representation of the photovoltaic window;
generate, in response to receiving the user input, a control signal for modifying an operation of the photovoltaic window; and
send, using the communication interface, the control signal to a wireless communication system of the photovoltaic window, wherein the wireless communication system is solely powered by electrical power generated by a photovoltaic of the photovoltaic window from incident light onto the photovoltaic window.
Claim 1
A user device comprising:
a user interface;
a communication interface to communicate with one or more photovoltaic windows; and
a processing subsystem that is communicatively coupled to the user interface and the communication interface, wherein the processing subsystem is configured to:
generate a graphical representation of a photovoltaic window of the one or more photovoltaic windows, the graphical representation of the photovoltaic window being selectable by a user;
receive a user input via the user interface indicating a selection of the graphical representation of the photovoltaic window;
generate, in response to receiving the user input, a control signal for modifying an operation of the photovoltaic window; and
send, using the communication interface, the control signal to a wireless communication system of the photovoltaic window, wherein the wireless communication system is solely powered by electrical power generated by a photovoltaic integrated with a glass of the photovoltaic window from incident light onto the photovoltaic window.
same
same
same
same
A graphical representation (11,782,408) reads on “a representation” (18/375,856).
A graphical representation (11,782,408) reads on “a representation” (18/375,856).
Same
A photovoltaic integrated with a glass of the photovoltaic window (11,782,408) reads on “photovoltaic of the photovoltaic window” (18/375,856).
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall et al. (US 2019/0309560 A1) (“Hall”).
Regarding independent claim 1, Hall teaches:
A user device comprising: (Hall: [0013] “In one aspect of the invention, the system for controlling an automated window includes a mobile device, which, in turn, includes an application installed on the mobile device. The application receives a user command and sends the user command to a first hub. The first hub, includes a local area network (LAN) interface, a personal area network (PAN) interface, a gateway that converts LAN messages to PAN messages, and a server comprising a processor and non-volatile memory. The processor is configured to receive the user command from the mobile device via the LAN interface, determine that the user command is a real time control and send the user command to an automated window via the PAN interface. The automated window includes a PAN interface, an actuator, a server comprising a processor and non-volatile memory. The processor for the automated window is configured to receive the user command from the first hub via the PAN interface and actuate the automated window based on the user command.”) [The mobile device reads on a “user device”.]
a user interface; (Hall: [0043] “The processor may receive user data from one or more user input devices. The input devices may include a user interface for receiving the user input from a user, and may include a mobile device capable of wirelessly transmitting and receiving a signal. The mobile device may have a connection to the actuation device; and may be a cell phone, satellite phone, smartphone, personal digital assistant, tablet computer, laptop computer, remote control device, mobile transmitter, a mobile internet device or a combination of one or more of the same.”)
a communication interface to communicate with one or more photovoltaic windows; and (Hall: [0013] and [0043] as discussed above) (Hall: [0166] “The preferred embodiment for the PAN is Bluetooth communication which is present in most mobile devices such as cell phones, laptops or mobile computer tablets. The mobile device 130 may use either the PAN interface or the LAN interface to communicate to the motorized window 102. The preferred embodiment for the LAN is WIFI or similar high bandwidth, long range protocol. Depending on the distance between groups of motorized windows that are to be connected together on the network, hubs are provided to extend the connection to groups of motorized windows that are out of range of the PAN. Multiple hubs may be employed as required to extend the network to more than one group of PAN connected motorized windows.”) (Hall: [0164] “FIG. 1C further illustrates system components as follows: A battery enclosure 136 for one or more batteries, actuator 116 which may include motors for opening and closing the window 102, processor 124, PAN interface 128, sensor 134, and solar photovoltaic panel 119. In this example embodiment, the motorized window further includes a first hub 126.”) [The automated or motorized window with photovoltaic panel read on “one or more photovoltaic windows”. Communication interface such as the PAN interface and the LAN interface of the mobile device with the capability of wirelessly transmitting signals or commands to the automated window via the hub reads on “a communication interface …”.]
a processing subsystem that is communicatively coupled to the user interface and the communication interface, wherein the processing subsystem is configured to: (Hall: [0084] “… An embodiment may further include a mobile device with a user interface for receiving user inputs from a user. …”) (Hall: [0184] Referring to FIG. 3A, Mobile device 130 communicates to the LAN interface 311 in first hub 126 via wireless signal 132. User commands are relayed to the LAN from an app on the mobile device. The gateway 314 converts the LAN protocol messages to PAN protocol messages and relays the user command via the hub PAN interface 312 to the motorized window PAN interface 128. First hub server 316 comprises a processor 318 and non-volatile memory 320.”) (Hall: [0192] “In certain embodiments, the application is configured to execute on a user's mobile device, such as a tablet or smart phone. FIGS. 5 through 14 show various exemplary graphical user interface (GUI) pages associated with an application configured to execute on a mobile device. Nevertheless, in other embodiments, the application may be configured to execute on a desktop computer, workstation, laptop, or other suitable computing device.”) [The application running on the mobile device reads on “a processing subsystem”. The application on the mobile device receiving user input and transmitting the user commands reads on “a processing subsystem … communicatively coupled to the user interface and the communication interface”.]
generate a representation of a photovoltaic window of the one or more photovoltaic windows; (Hall: [0196] “Referring to FIG. 6, one embodiment of a Create New Room page 600 is illustrated. Such a page 600 may be displayed upon selecting the Add New Room button 604 discussed in association with FIG. 6. As shown, the “Create New Room” page 600 enables a user to designate a room name (e.g., “Front Room”) in a field 608, as well as designate a default open and closed position for motorized windows 100 associated with the room. As shown in FIG. 6, slider buttons 602 are provided to enable the user to establish the open and closed positions for the motorized windows 100. In certain embodiments, motorized window depictions 606 adjacent to the buttons 602 are animated in response to movement of the slider buttons 602. That is, as the slider buttons 602 are moved up or down, the motorized window depictions 606 appear to open and/or close to reflect the actual position of the slats or state of opacity. Once a room is named and the default open and closed positions are established, a “Create Room” button 604 may be selected to create the room. This will, in turn, cause the room to be added to the list 602 illustrated in FIG. 5.”) [Creating the new room reads on “generate a representation of a photovoltaic window …”.]
receive a user input via the user interface indicating a selection of the representation of the photovoltaic window; (Hall: [0194] “FIG. 5 shows one embodiment of a Rooms page 500 that enables a user to establish rooms in a home or business, as well as operate all motorized windows 100 in the home or business, or in a room of the home or business, as a group. In the illustrated embodiment, buttons 502 are provided to represent the home or business, as well as each room that has been established in the home or business. Selecting a button 502 may enable a user to configure the home or business, or a room in the home or business, such as by adding motorized windows 100 to the home, business, or particular room. For example, selecting the “All Windows” button 502 may allow the user to configure all motorized windows 100 associated with the home or business. Similarly, selecting the “Living Room” button 502 may allow the user to configure motorized windows 100 in the user's living room. An “Add New Room” button 504 may enable a user to add a new room to the list 502.”)
generate, in response to receiving the user input, a control signal for modifying an operation of the photovoltaic window; and (Hall: [0195] “As shown, various manual controls are provided on the “Rooms” page 500. For example, an open button 506 may cause all windows in a home or business, or a particular room in the home or business, to open. Similarly, a close button 508 may cause all windows in the home or business, or the particular room in the home or business, to close. The buttons 506, 508 may be configured to operate in different ways. For example, pressing and holding the button 506, 508 may cause slats of the motorized windows 100 to tilt until the buttons 506, 508 are released. In another example, pressing and holding the button 506, 508 may cause a material in the window to increase the darkness or opacity until the buttons 506, 508 are released. This would allow various intermediate positions or states to be achieved. By contrast, single or double clicking a button 506, 508 may cause the slats of the motorized windows 100 to open or close completely without having to hold down the corresponding buttons 506, 508. This is simply an example of possible operation and is not intended to be limiting.”) (Hall: [0197] “Referring to FIG. 7, one embodiment of a page 700 for configuring a room is illustrated. Such a page, for example, may be displayed in response to selecting one of the buttons 502 illustrated in FIG. 5. This page 700 may enable a user to add, delete, modify, or monitor motorized windows 100 associated with a particular room or space. In the illustrated example, the room Living Room includes three motorized windows 100, namely “Bay Left, Bay Right,” and “Bay Center.” Indicators are provided to show a battery charge level associated with each of the motorized windows 100. As further shown, each of the motorized windows 100 includes a button/indicator 702. In certain embodiments, the outer ring may indicate whether the motorized window 100 is online and connected whereas the inner circle may enable a user to select the motorized window 100 so that it can be controlled and/or configured. For example, upon selecting one or more motorized windows 100 in the list, a slider button 704 may enable the motorized windows 100 to be manually opened or closed by moving the slider button 704.”)
send, using the communication interface, the control signal to a wireless communication system of the photovoltaic window, (Hall: [0184] “Referring to FIG. 3A, Mobile device 130 communicates to the LAN interface 311 in first hub 126 via wireless signal 132. User commands are relayed to the LAN from an app on the mobile device. The gateway 314 converts the LAN protocol messages to PAN protocol messages and relays the user command via the hub PAN interface 312 to the motorized window PAN interface 128. First hub server 316 comprises a processor 318 and non-volatile memory 320.”) (Hall: [0267] “A connectivity module 1720 may be used to provide connectivity between a motorized window 100 and other devices. This may include providing connectivity between a motorized window 100 and an external computing device 1540, a home automation platform/controller 1546, external sensors 1548, video display adapters 1550, HVAC controls 1552, external switches 1554, thermostats 1556, or other motorized windows 100. Any suitable communication protocol may be used. In certain embodiments, the connectivity module 1720 allows devices to act as repeaters of a signal, thereby allowing the devices to form a mesh network of interconnected devices.”) [The PAN interface of the motorized window reads on “a wireless communication system of the photovoltaic window”.]
wherein the wireless communication system is solely powered by electrical power generated by a photovoltaic of the photovoltaic window from incident light onto the photovoltaic window. (Hall: [0015] “The device may include a power line or batteries, preferably rechargeable batteries, that power the motor. The device may also have a solar panel adapted to charge the batteries.”) (Hall: [0082] “In a thirteenth embodiment of the invention, the motorized window in accordance with the invention may include one or more of: sliding windows; hinged windows; windows or shutters with partially or fully opaque material, windows with clear glass or combinations thereof. In another embodiment, the system may further include one or more batteries and one or more solar photovoltaic panels.”) (Hall: [0230] “The motorized window 100 may also include a battery 1510 to power the motorized window 100. In certain embodiments, the battery 1510 is housed within the motorized window 100, external to the actuator enclosure. The battery 1510 may be rechargeable. Alternatively, or additionally, the battery 1510 is recharged by a solar panel 106 attached to the motorized window 100. For example, a solar panel 106 may be attached to the window frame or the window glass. In other embodiments, solar panels may be incorporated into or attached to the outer assembly of a motorized window 100. In certain embodiments, a charging module 1512 may boost low voltage from a solar panel to a higher voltage needed to charge the battery 1510 and/or operate various components within the motorized gearbox assembly 102.”) (Hall: [0269] In certain embodiments, additional information, such as the size and dimensions (e.g., height, width) of the window may be input to the external computing device 1540 by the user to further define the position and orientation of the window. Once the position and orientation of a window are known, a motorized window 100 may be programmed to operate (e.g., open/close) based on the position and orientation of the window in relation to the position and orientation of the sun. The position and orientation of the window may also be used to determine how and when sunlight will be incident on a solar panel used to power a motorized window 100 or charge a battery 1510.”) [The solar photovoltaic panel reads on “a photovoltaic”. The motorized window including the PAN interface being powered by the solar panel reads on “the wireless communication system is solely powered by …”.]
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shrivastava et al. (US 2020/0387041 A) describes in Abstract “generating a graphical user interface for providing information and controlling optically switchable windows connected by a network. Windows are graphically represented using interactive smart objects that are placed within views of the graphical user interface in a manner corresponding to their physical location. In another aspect, a method, system, and/or computer program product is described for associating network IDs of optically switchable windows with the locations at which the windows are installed. Window locations are determined by analyzing received wireless transmissions that are sent from transmitters associated with each of the optically switchable windows. The determined locations are then compared with a representation of the building that provides the window locations. Upon comparison, the network ID of each window, which is communicated through eh window transmissions, is associated with the appropriate window location on the representation of the building.”
Brown et al. (US 2020/0026141 A1) teaches graphical user interface that shows the representations of self-powering electrochromic windows, as described in at least paragraph [0177] (“Additionally, the EC device can be controlled and managed by an external controller which communicates with the device via a network. The input can be manually input by a user, either directly or via wireless communication, or the input can be from an automated heat and/or energy management system of a building of which the EC window is a component.”), and paragraph [0225] (“FIG. 14C illustrates several steps that may be taken during operation 1404 of FIG. 14A. In this example, the network of electrochromic windows includes a master controller (MC), two or more network controllers (NC.sub.1-NC.sub.n), and several window controllers (WC.sub.1-WC.sub.m). For the sake of clarity, only information relevant to window controllers that operate under the first network controller (NC.sub.1) are shown. The dotted lines indicate that many other network controllers and window controllers may be present. First, a user may initiate a command, via a user application/program/etc., to cause the window controllers to be discovered. The user application/program forwards this command to the master controller. The master controller directs the network controllers to discover the window controllers, and the network controllers direct the window controllers to identify themselves. In response, the window controllers report their IDs to the network controllers, which then report the window controller IDs to the master controller, which reports the window controller IDs to the user application/program. The master controller and/or the user application/program may aggregate this information to create the list of all window controllers. This list may include information detailing which window controllers are controlled by each network controller. The list may also be provided as a chart that shows the configuration of all the relevant controllers on the network, as shown in FIG. 14D. The network representation shown in FIG. 14D may appear on the graphical user interface in some cases.”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W CHOI/Primary Examiner, Art Unit 2116