DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-8 filed on 12/7/2023 has been reviewed and considered by this office action.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-125605, filed on 7/30/2021.
Information Disclosure Statement
The information disclosure statements filed on 12/7/2023, 11/7/2024, and 6/9/2025 have been reviewed and considered by this office action.
Drawings
The drawings filed on 12/7/2023 have been reviewed and are considered acceptable.
Specification
The specification filed on 12/7/2023 has been reviewed and is considered acceptable.
Claim Objections
Claims 1-7 are objected to because of the following informalities:
Claim 1 is missing a semicolon at the end of the preamble and should be amended to recite, “An air conditioning control device comprising processing circuitry to:”, and then the limitations should be changed to omit the “to” (i.e. .) in front of each subsequent limitation as this adds confusion in the wording.
Similarly regarding claims 2-7, the recitation of the “processing circuitry further”, followed by reciting, “performs to select…” for example, wherein recite “performs to” does not flow well and is not grammatically correct. All of the “performs to” limitations followed by a verb should be omitted and the verb replaced with a plural such as in the example provided, should simply recite, “wherein the processing circuitry further selects”. The claims include a plurality of instances of this wording and need to be amended to make the claims more clear.
Claim 3 recites, “and selects, from the at least one operation pattern selected, the ne operation pattern in which the number of the at least one operation target air conditioner is relatively small.”. The office believes the highlighted word, “NE” is supposed to be “new” and will treated as such until corrections are made.
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 1 and 8, includes the limitations of, “acquire a plurality of operation patterns each indicating at least one operation target air conditioner among a plurality of air conditioners installed in a room,
acquire temperature data indicating a measurement temperature of a temperature sensor installed in the room when the at least one operation target air conditioner indicated by each of the plurality of operation patterns is in operation,”.
The first limitation appears that each “operation pattern” corresponds to a “separate/different” air conditioners whereas the second limitation seems to contradict this and imply that the plurality of patterns are associated with one air conditioner. This provides confusion as to whether each pattern is associated with it’s own air conditioner or if the patterns each apply to a single air conditioner. In order to further prosecution, any prior art containing meeting either condition will be considered to read upon the limitation until the claim is corrected.
Further, the claims recite, “…using a control amount of the at least one operation target air conditioner indicated by each of the plurality of operation patterns and the temperature data when the at least one operation target air conditioner is in operation as training data,”, however, the claim never explains how this “training data” is utilized in generating the “room prediction model” or how the training data is used at all. In order to further prosecution, any art that discusses training data will be considered to read upon this limitation.
Dependent claims 2-7 are dependent upon rejected claim 1 and are thus rejected by virtue of dependency.
Claim 3 recites the limitation "selects, from the at least one operation pattern selected, the ne operation pattern in which the number of the at least one operation target air conditioner is relatively small." in lines 8-9. There is insufficient antecedent basis for “the new operation parameter” limitation in the claim.
The term “relatively small” in claim 3 is a relative term which renders the claim indefinite. The term “relatively small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In order to further prosecution, any value deemed to be within an acceptable limit, range, setpoint, etc. will be considered to sufficiently read upon the claim as currently written.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards an abstract idea without significantly more. Claim 1 recites, “to generate, using a control amount of the at least one operation target air conditioner indicated by each of the plurality of operation patterns and the temperature data when the at least one operation target air conditioner is in operation as training data, a room-temperature prediction model, which corresponds to each of the plurality of operation patterns, for predicting a temperature measured by the temperature sensor when the at least one operation target air conditioner indicated by each of the plurality of operation patterns is in operation,” and “selects one operation pattern from the plurality of operation patterns on a basis of the prediction temperature.”, which analyzed under Step 2A Prong One, includes limitations of generating a model based on known patterns which can reasonably be done using pen and paper and further includes limitations of predicting temperature and selecting a pattern based on given results which can reasonably be performed in the human mind and thus, falls within the, “Mental Processes” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. For instance, claim 1 includes the additional limitations of, “acquire a plurality of operation patterns each indicating at least one operation target air conditioner among a plurality of air conditioners installed in a room,”, “acquire temperature data indicating a measurement temperature of a temperature sensor installed in the room when the at least one operation target air conditioner indicated by each of the plurality of operation patterns is in operation,”, and “acquire a prediction temperature from the room-temperature prediction model by providing the control amount of the at least one operation target air conditioner indicated by each of the plurality of operation patterns to the room- temperature prediction model,”, which analyzed under Step 2A Prong Two, includes limitations of acquiring data, which adds insignificant extra solution activity in the form of mere data gathering (see MPEP 2106.05(g)). Finally, claim 1 recites the limitations of, “air conditioning control device” and “processing circuitry”, as generally recited represent merely generic computer components for implementing the abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because as analyzed under Step 2B, the additional elements merely amount to gathering pattern and temperature data and sending the data over a network. Analyzed under Berkheimer, the act of gathering and sending data over a network has been deemed as well-understood, routine, and conventional by the courts (see MPEP 2106.05(d)(II), “sending/receiving data over a network”).
Claim 8 is substantially similar to claim 1 and is thus rejected using the same rationale as provided above.
Analyzing the dependent claims, claims 3 and 6, each include limitations of selecting an appropriate operation pattern and determining a set temperature based on specific parameters, which analyzed under Step 2A Prong One, includes limitations which can reasonably be performed in the human mind and thus fall within the, “Mental Processes” grouping of abstract ideas. Further, claims 4-5 include various limitations regarding calculations/training of models, which analyzed under Step 2A Prong One, include limitations involving mathematical calculations and thus fall within the, “Mathematical Concepts” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. Further analysis of claim 6 provides additional limitations of data acquisition, which analyzed under Step 2A Prong Two, adds insignificant extra solution activity in the form of mere data gathering (see MPEP 2106.05(g)).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because as analyzed under Step 2B, the additional elements merely amount to gathering pattern and temperature data and sending the data over a network. Analyzed under Berkheimer, the act of gathering and sending data over a network has been deemed as well-understood, routine, and conventional by the courts (see MPEP 2106.05(d)(II), “sending/receiving data over a network”).
***Examiner’s Note: claims 2 and 7 each include limitations which positively recite, operating a target air conditioner using a selected operation pattern which would show significantly more than the abstract idea if incorporated into independent form and overcome the current rejection.***
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kitayama (JP2019-132457A).
Regarding Claims 1 and 8; Kitayama teaches; An air conditioning control device comprising processing circuitry (Kitayama; at least page 2, paragraph 3; disclose air conditioner (23) and model base control unit (5))
to acquire a plurality of operation patterns each indicating at least one operation target air conditioner among a plurality of air conditioners installed in a room, (Kitayama; at least page 3, Appendix 5; page 4, Appendix 6; disclose acquiring and storing a plurality of change patterns for a plurality of air conditioners configured to perform air conditioning in a set space)
to acquire temperature data indicating a measurement temperature of a temperature sensor installed in the room when the at least one operation target air conditioner indicated by each of the plurality of operation patterns is in operation, (Kitayama; at least page 3, Appendix 5; page 4, Appendix 6; disclose using a temperature sensor to monitor the temperature change that occurs during each pattern with each air conditioner, and associating the measured temperature with each pattern)
to generate, using a control amount of the at least one operation target air conditioner indicated by each of the plurality of operation patterns and the temperature data when the at least one operation target air conditioner is in operation as training data, a room-temperature prediction model, which corresponds to each of the plurality of operation patterns, for predicting a temperature measured by the temperature sensor when the at least one operation target air conditioner indicated by each of the plurality of operation patterns is in operation, and to acquire a prediction temperature from the room-temperature prediction model by providing the control amount of the at least one operation target air conditioner indicated by each of the plurality of operation patterns to the room- temperature prediction model, and (Kitayama; at least page 3 and 14-15; disclose a creation unit (53) for generating and updating an air conditioner influence degree model (i.e. room temperature prediction model) which includes generating temperature predictions for a plurality of different patterns of air conditioners given various parameters and wherein the system can choose the optimal pattern to execute based on received parameters and given temperature input)
selects one operation pattern from the plurality of operation patterns on a basis of the prediction temperature. (Kitayama; at least page 4, Appendix 6 and 11; disclose selecting a pattern based upon satisfying a condition (i.e. temperature prediction)).
Regarding Claim 2; Kitayama teaches; The air conditioning control device according to claim 1, wherein the processing circuitry further performs to operate the at least one operation target air conditioner indicated by the operation pattern selected. (Kitayama; page 4, appendix 6).
Regarding Claim 3; Kitayama teaches; The air conditioning control device according to claim 1, wherein the processing circuitry further performs to select, with respect to each of the plurality of operation patterns, at least one operation pattern in which the prediction temperature obtained from the room-temperature prediction model corresponding to said each of the plurality of operation patterns is equal to or lower than a temperature upper limit value and prediction accuracy of the room-temperature prediction model corresponding to said each of the plurality of operation patterns is within a threshold, and selects, from the at least one operation pattern selected, the ne operation pattern in which the number of the at least one operation target air conditioner is relatively small. (Kitayama; pages 12 and 13).
Regarding Claim 4; Kitayama teaches; The air conditioning control device according to claim 1, wherein the processing circuitry further performs to change the control amount of the at least one operation target air conditioner indicated by the one operation pattern selected, and to train the room-temperature prediction model to learn the temperature measured by the temperature sensor when the at least one operation target air conditioner is in operation by providing, as training data, the control amount that has been changed and the temperature data when the at least one operation target air conditioner indicated by the one operation pattern selected is in operation to the room- temperature prediction model corresponding to the one operation pattern. (Kitayama; pages 14 and 15).
Regarding Claim 5; Kitayama teaches; The air conditioning control device according to claim 4, wherein the control amount of the at least one operation target air conditioner is a set temperature of the at least one operation target air conditioner, and the processing circuitry further performs to calculate temperature differences between a plurality of temperatures included in a settable temperature range of the at least one operation target air conditioner and a current set temperature that is currently set, and determine an order of setting the plurality of temperatures to the set temperature on a basis of the temperature differences that have been calculated, and to provide the plurality of temperatures to the room-temperature prediction model corresponding to the one operation pattern selected in time order from an earlier time to a later time and train the room-temperature prediction model to learn the temperature measured by the temperature sensor when the at least one operation target air conditioner is in operation. (Kitayama; at least pages 4 and 9-10).
Regarding Claim 6; Kitayama teaches; The air conditioning control device according to claim 4, wherein the control amount of the at least one operation target air conditioner is a set temperature of the at least one operation target air conditioner, and the processing circuitry further performs to acquire a prediction temperature from the room-temperature prediction model that has been trained by providing, to the room-temperature prediction model that has been trained, one of a plurality of temperatures included in a settable temperature range of the at least one operation target air conditioner as a tentatively set temperature of the at least one operation target air conditioner, and determine the set temperature of the at least one operation target air conditioner on a basis of the prediction temperature and a temperature upper limit value. (Kitayama; at least pages 13-15).
Regarding Claim 7; Kitayama teaches; The air conditioning control device according to claim 6, wherein the processing circuitry further performs to operate the at least one operation target air conditioner indicated by the operation pattern selected at the set temperature. (Kitayama; at least page 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mizoguchi (US PGPUB 20220291656): disclose a system and method for performing model prediction in an air-conditioned controlled environment, and based on stored patterns, determining control parameters to effect operation of a system in response to a temperature prediction.
Sohn et al. (US PGPUB 20190360711): discloses a zone based heating/cooling system that utilizes temperature prediction models to determine specific sequences/patterns of operation to choose for an air conditioner to meet cooling requirements of a specific zone.
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/CHRISTOPHER W CARTER/Examiner, Art Unit 2117