Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “processor configured… to perform the following actions…” in claim 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
“determine a region area of a target indoor region” can be found in applicants’ specification paras. 0034-0039
“obtaining an object number and an activity intensity of at least one object in the target indoor region by an Ultra Wide Band (UWB) radar sensor;” drawings fig. 3
“determining an overall demand of the HVAC system for outdoor ventilation based on the region area and the object number and the activity intensity of the at least one object;” drawings fig. 5
“determining operational parameters of the HVAC system based on the overall demand.” Drawings fig. 4.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 13-19 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because “computer-readable storage medium” encompasses transitory signals.
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 1-2, 7-8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ahmed US 2008/0076346 A1 in view of WATERHOUSE US 2023/0210443 A1.
Ahmed teaches:
1. A method for determining parameters of a Heating Ventilation and Air Conditioning (HVAC) system, comprising:
determining a region area of a target indoor region; [para. 0058-0060; room specific ventilation]
Ahmed does not teach the following limitation, however, WATERHOUSE teaches:
obtaining an object number and an activity intensity of at least one object in the target indoor region by an Ultra Wide Band (UWB) radar sensor; [para. 0299, “As also described herein, data on movement and activity could be used to adjust for activity level. And systems in which radar (e.g., ultra-wide band radar) is assessing the heart rate could be used as well.” And para. 0310, “The location of individuals can be determined by a variety of means, including the person logging the information, cameras, ultra-wide band (UWB) radar, heat detectors, smart speakers (sonar, computer vision, etc.).”]
Ahmed further teaches:
determining an overall demand of the HVAC system for outdoor ventilation based on the region area and the object number and the activity intensity of the at least one object; [Fig. 3 304] and
determining operational parameters of the HVAC system based on the overall demand [Fig. 3 306].
It would have been obvious to a person having ordinary skill in the art before the time of filing to combine the teachings of WATERHOUSE with those of Ahmed. A person having ordinary skill in the art would have been motivated to combine the teachings because WATERHOUSE teaches that an ultra wide band radar can be used to detect heart rate for use in HVAC control, increasing user satisfaction/comfort/health. (See para. 0311).
Ahmed teaches:
2. The method as claimed in claim 1, wherein the determining an overall demand of the HVAC system for outdoor ventilation based on the region area and the object number and the activity intensity of the at least one object comprises:
determining a required indoor ventilation amount of the target indoor region based on the region area and the object number and the activity intensity of the at least one object; [Fig. 3 304] and
determining the overall demand of the HVAC system for the outdoor ventilation based on the required indoor ventilation amount. [Fig. 3 306]
WATERHOUSE teaches:
7. The method as claimed in claim 1, wherein the obtaining an activity intensity of at least one object in the target indoor region by a UWB radar sensor comprises:
obtaining a target heart rate of the at least one object in the target indoor region by the UWB radar sensor; [para. 0299, “As also described herein, data on movement and activity could be used to adjust for activity level. And systems in which radar (e.g., ultra-wide band radar) is assessing the heart rate could be used as well”] and
determining the activity intensity of the at least one object in the target indoor region based on the target heart rate and a predetermined reference heart rate. [para. 0121, “baseline heart rate”]
WATERHOUSE teaches:
8. The method as claimed in claim 2, wherein the obtaining an activity intensity of at least one object in the target indoor region by a UWB radar sensor comprises:
obtaining a target heart rate of the at least one object in the target indoor region by the UWB radar sensor; [para. 0299, “As also described herein, data on movement and activity could be used to adjust for activity level. And systems in which radar (e.g., ultra-wide band radar) is assessing the heart rate could be used as well”] and
determining the activity intensity of the at least one object in the target indoor region based on the target heart rate and a predetermined reference heart rate. [para. 0121, “baseline heart rate”]
Regarding apparatus claim 20, this apparatus device claim recites the functions for executing the method limitations of claim 1 above and is rejected on the same grounds and rationale as claim 1 above.
Claims 3-6, and 9-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ahmed US 2008/0076346 A1 in view of WATERHOUSE US 2023/0210443 A1 and further in view of Risbeck et al. US 2023/0250988 A1.
The combination of Ahmed and WATERHOUSE does not teach the following limitations, however, Risbeck teaches:
3. The method as claimed in claim 2, wherein the determining the overall demand of the HVAC system for the outdoor ventilation based on the required indoor ventilation amount comprises:
determining a ventilation efficiency based on an operating mode of the HVAC system; [para. 0434] and
determining the overall demand of the HVAC system for the outdoor ventilation based on the ventilation efficiency and the required indoor ventilation amount. [para. 0434]
It would have been obvious to a person having ordinary skill in the art before the time of filing to combine the teachings of Risbeck with those of Ahmed and WATERHOUSE. A person having ordinary skill in the art would have been motivated to combine the teachings because Risbeck teaches that ventilation rate and minimum ventilation of outdoor air can be increased based on occupancy. (See para. 0434)
Risbeck teaches:
4. The method as claimed in claim 2, wherein the determining a required indoor ventilation amount of the target indoor region based on the region area and the object number and the activity intensity of the at least one object comprises:
obtaining an area-based required first ventilation amount based on the region area; [para. 0378]
obtaining an object-based required second ventilation amount based on the object number and the activity intensity of the at least one object; [para. 0378]
and
determining the required indoor ventilation amount of the target indoor region based on the first ventilation amount and the second ventilation amount. [para. 0378]
Risbeck teaches:
5. The method as claimed in claim 4, wherein the obtaining an area-based required first ventilation amount based on the region area comprises:
determining a first ventilation rate corresponding to the region area; [para. 0378] and
obtaining the area-based required first ventilation amount based on the first ventilation rate and the region area. [para. 0378]
Risbeck teaches:
6. The method as claimed in claim 4, wherein the obtaining an object-based required second ventilation amount based on the object number and the activity intensity of the at least one object comprises: determining a second ventilation rate corresponding to the object number; [para. 0378]and obtaining the object-based required second ventilation amount based on the second ventilation rate and the object number and the activity intensity. [para. 0376-0378]
WATERHOUSE teaches:
9. The method as claimed in claim 3, wherein the obtaining an activity intensity of at least one object in the target indoor region by a UWB radar sensor comprises:
obtaining a target heart rate of the at least one object in the target indoor region by the UWB radar sensor; [para. 0299, “As also described herein, data on movement and activity could be used to adjust for activity level. And systems in which radar (e.g., ultra-wide band radar) is assessing the heart rate could be used as well”] and
determining the activity intensity of the at least one object in the target indoor region based on the target heart rate and a predetermined reference heart rate. [para. 0121, “baseline heart rate”]
WATERHOUSE teaches:
10. The method as claimed in claim 4, wherein the obtaining an activity intensity of at least one object in the target indoor region by a UWB radar sensor comprises:
obtaining a target heart rate of the at least one object in the target indoor region by the UWB radar sensor; [para. 0299, “As also described herein, data on movement and activity could be used to adjust for activity level. And systems in which radar (e.g., ultra-wide band radar) is assessing the heart rate could be used as well”] and
determining the activity intensity of the at least one object in the target indoor region based on the target heart rate and a predetermined reference heart rate. [para. 0121, “baseline heart rate”]
WATERHOUSE teaches:
11. The method as claimed in claim 5, wherein the obtaining an activity intensity of at least one object in the target indoor region by a UWB radar sensor comprises:
obtaining a target heart rate of the at least one object in the target indoor region by the UWB radar sensor; [para. 0299, “As also described herein, data on movement and activity could be used to adjust for activity level. And systems in which radar (e.g., ultra-wide band radar) is assessing the heart rate could be used as well”] and
determining the activity intensity of the at least one object in the target indoor region based on the target heart rate and a predetermined reference heart rate. [para. 0121, “baseline heart rate”]
WATERHOUSE teaches:
12. The method as claimed in claim 6, wherein the obtaining an activity intensity of at least one object in the target indoor region by a UWB radar sensor comprises:
obtaining a target heart rate of the at least one object in the target indoor region by the UWB radar sensor; [para. 0299, “As also described herein, data on movement and activity could be used to adjust for activity level. And systems in which radar (e.g., ultra-wide band radar) is assessing the heart rate could be used as well”] and
determining the activity intensity of the at least one object in the target indoor region based on the target heart rate and a predetermined reference heart rate. [para. 0121, “baseline heart rate”]
Regarding CRM claims 13-19, these claims recite the storage of computer executable instructions to implement the method steps as above in claims 1-12 are rejected on the same grounds and rationale as corresponding claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY COLLINS whose telephone number is (571)270-0473. The examiner can normally be reached Monday - Friday 1-930PM EST.
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/GARY COLLINS/Primary Examiner, Art Unit 2115
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