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: voice acceptance section in claim 2.
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.
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.
Regarding the voice acceptance section in claim 2, the generic placeholder is given a function with no corresponding structure in the claims. Paragraphs 0013 and 0138 of the instant specification provide the structure and algorithm of the voice acceptance section. For the purpose of examination, any electronic device capable of performing the claimed functions of the generic placeholder will correspond to the generic placeholder.
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 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)(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.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Noriyuki (WIPO, WO2018211619).
Regarding claim 1, Noriyuki teaches An air conditioner including an indoor unit having a main body having formed therein a blow-out port through which air-conditioned air is blown out toward a space to be air-conditioned (page 3, ¶ 7 “The air heat-exchanged by the indoor heat exchanger 25 is supplied to the indoor space as conditioned air. Thereby, indoor space is air-conditioned. When the indoor blower 27 starts the air blowing operation, a negative pressure is generated inside the indoor unit 12 and sucks air in the indoor space. The sucked air is supplied to the indoor heat exchanger 25, exchanged heat with the indoor heat exchanger 25, and then blown out into the indoor space. As the amount of heat exchange between the refrigerant and air in the indoor heat exchanger 25 increases, the cooling capacity or heating capacity of the air conditioning system 1 increases”), the air conditioner comprising:
an electronic controller including a microphone that accepts input of a voice instruction, the electronic controller being arranged outside the main body (page 5 ¶ 12, “The speech recognition server 200 is a server that provides a speech recognition service using cloud computing, and causes the air conditioning system 1 to function in cooperation with the air conditioning control device 100. As illustrated in FIG. 4, the voice recognition server 200 includes a control unit 201, a storage unit 202, and a communication unit 203. These units are connected via a bus 209.” Page 7 ¶ 4-5, The server is separate from the main body);
a cable that communicably connects the indoor unit and the electronic controller to each other (page 5 ¶ 12, “The speech recognition server 200 is a server that provides a speech recognition service using cloud computing, and causes the air conditioning system 1 to function in cooperation with the air conditioning control device 100. As illustrated in FIG. 4, the voice recognition server 200 includes a control unit 201, a storage unit 202, and a communication unit 203. These units are connected via a bus 209.” The server also corresponds to the cable unit since it connects the indoor unit to itself);
a transmitter that transmits a signal that is based on the voice instruction accepted by the microphone, the signal being transmitted externally of the air conditioner (page 5 ¶ 11 “The communication unit 203 includes a communication interface for connecting to the wide area network N, and communicates with the air conditioning control device 100 via the wide area network N. Specifically, the communication unit 203 receives voice information from the air conditioning control device 100 under the control of the control unit 201, and transmits information indicating the result of voice recognition to the air conditioning control device 100.”);
a receiver that receives a command corresponding to the signal transmitted from the transmitter from externally of the air conditioner (page 5 ¶ 11 “The communication unit 203 includes a communication interface for connecting to the wide area network N, and communicates with the air conditioning control device 100 via the wide area network N. Specifically, the communication unit 203 receives voice information from the air conditioning control device 100 under the control of the control unit 201, and transmits information indicating the result of voice recognition to the air conditioning control device 100.”);
and an air conditioner controller that controls an operation of the air conditioner in accordance with the command (page 5 ¶ 11 “The communication unit 203 includes a communication interface for connecting to the wide area network N, and communicates with the air conditioning control device 100 via the wide area network N. Specifically, the communication unit 203 receives voice information from the air conditioning control device 100 under the control of the control unit 201, and transmits information indicating the result of voice recognition to the air conditioning control device 100…The communication unit 108 is connected to the wide area network N via the base station S and communicates with the voice recognition server 200 via the wide area network N.”, page 5 ¶ 12).
Regarding claim 2, Noriyuki teaches An air-conditioning system comprising:
an air conditioner including a controller (page 5 ¶ 11 “The communication unit 203 includes a communication interface for connecting to the wide area network N, and communicates with the air conditioning control device 100 via the wide area network N. Specifically, the communication unit 203 receives voice information from the air conditioning control device 100 under the control of the control unit 201, and transmits information indicating the result of voice recognition to the air conditioning control device 100…The communication unit 108 is connected to the wide area network N via the base station S and communicates with the voice recognition server 200 via the wide area network N.”, page 5 ¶ 12);
and a microphone including a voice acceptance section that accepts a voice instruction for the air conditioner (page 5 ¶ 6 “The sound sensor 107 is also called a microphone and is a sensor that detects sound.”, page 7 ¶ 4-5), and a first information transmitter that transmits first information corresponding to the voice instruction accepted by the voice acceptance section to the controller via wireless communication (page 5 ¶ 12, “The speech recognition server 200 is a server that provides a speech recognition service using cloud computing, and causes the air conditioning system 1 to function in cooperation with the air conditioning control device 100. As illustrated in FIG. 4, the voice recognition server 200 includes a control unit 201, a storage unit 202, and a communication unit 203. These units are connected via a bus 209.”, page 3 ¶ 1),
the controller including a first information receiver that receives the first information transmitted from the first information transmitter (page 6 ¶ 2),
a processor that executes specific processing on the first information accepted by the first information receiver to generate second information having a smaller information amount than the first information (page 8 ¶ 3 “In the air conditioning control device 100, the recognition information receiving unit 140 receives the recognition information transmitted from the voice recognition server 200. The recognition information receiving unit 140 receives the recognition information transmitted from the voice recognition server 200 by communicating with the voice recognition server 200 via the communication unit 108”, page 8 ¶ 4 “The extraction unit 150 extracts words indicating thermal sensation included in the voice acquired by the voice acquisition unit 120. A word indicating a thermal sensation is a phrase representing a human sense of heat or cold, such as “hot”, “cold”, “warm”, “cold”. For example, as illustrated in FIG. 7, when the user U utters a voice saying “This room is hot”, the extraction unit 150 extracts a character string “hot” as a word indicating thermal sensation”, voice extraction corresponds to forming of a second information that is a smaller information amount),
a second information transmitter that transmits the second information, the second information being transmitted externally of the air conditioner (page 8 ¶ 7 “When words indicating warmth are extracted, there is a high possibility that the user U feels uncomfortable due to the heat. Therefore, the air conditioning control unit 160 transmits a control command for lowering the temperature of the indoor space” (page 8 ¶ 3 “In the air conditioning control device 100, the recognition information receiving unit 140 receives the recognition information transmitted from the voice recognition server 200. The recognition information receiving unit 140 receives the recognition information transmitted from the voice recognition server 200 by communicating with the voice recognition server 200 via the communication unit 108”),
a command receiver that receives a command corresponding to the second information transmitted from the second information transmitter from externally of the air conditioner (page 8 ¶ 7),,
and an air conditioner controller that controls an operation of the air conditioner in accordance with the command (page 8 ¶ 7, 8).
Regarding claim 3, Noriyuki teaches A communication system comprising:
a transmission apparatus including a microphone that accepts input of voice, a processor that converts the voice accepted by the microphone into a text data format (page 7 last paragraph “the speech recognition unit 220 performs lexical interpretation and context interpretation on the obtained character string using a known method, and converts the character string into a character string mixed with kanji characters”), and a transmitter that transmits data based on the voice accepted by the microphone via a communication line (page 5 ¶ 11 “The communication unit 203 includes a communication interface for connecting to the wide area network N, and communicates with the air conditioning control device 100 via the wide area network N. Specifically, the communication unit 203 receives voice information from the air conditioning control device 100 under the control of the control unit 201, and transmits information indicating the result of voice recognition to the air conditioning control device 100.”), the processor being configured to switch a format of the data transmitted from the transmitter between a voice data format and the text data format (page 8 first paragraph “The voice recognition unit 220 obtains a character string representing a word uttered by the user U when the posture of the user U is changed by such voice recognition processing”);
and a reception apparatus including a receiver that receives the data transmitted from the transmitter of the transmission apparatus (page 5 ¶ 11 “The communication unit 203 includes a communication interface for connecting to the wide area network N, and communicates with the air conditioning control device 100 via the wide area network N. Specifically, the communication unit 203 receives voice information from the air conditioning control device 100 under the control of the control unit 201, and transmits information indicating the result of voice recognition to the air conditioning control device 100.”).
Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cannon et al (US PAT. 6952471, herein Cannon).
Regarding claim 4, Cannon teaches A device management system that manages a first device including a first speaker that outputs a sound, and a second device different from the first device, the second device including a second speaker that outputs a sound, the device management system (col 3 lines 25-33 “If the remote handset is determined to be within close proximity of the base unit (e.g., less than 10 feet, less than 5 feet, or other appropriate threshold proximity distance), then the gain of the audio path in either direction between the remote handset and its base unit is attenuated.”, col 3 lines 33-35 “The attenuation may be a muting, a fixed amount of attenuation (e.g., 6 decibels (dB), 12 dB, or other appropriate fixed amount), or may be a variable amount of attenuation dependent upon a relationship to the distance between the remote handset and the base unit.” The handset and base can both produce noise and correspond to the first and second device) comprising:
a processor that determines a positional relationship between the first device and the second device (col 3 lines 25-33 “If the remote handset is determined to be within close proximity of the base unit (e.g., less than 10 feet, less than 5 feet, or other appropriate threshold proximity distance), then the gain of the audio path in either direction between the remote handset and its base unit is attenuated.”, col 3 lines 33-35 “The attenuation may be a muting, a fixed amount of attenuation (e.g., 6 decibels (dB), 12 dB, or other appropriate fixed amount), or may be a variable amount of attenuation dependent upon a relationship to the distance between the remote handset and the base unit.”);
and the processor controlling on/off of sound output or an output sound volume of at least one of the first device and the second device based on a determination result of the processor (col 3 lines 25-33 “If the remote handset is determined to be within close proximity of the base unit (e.g., less than 10 feet, less than 5 feet, or other appropriate threshold proximity distance), then the gain of the audio path in either direction between the remote handset and its base unit is attenuated.”, col 3 lines 33-35 “The attenuation may be a muting, a fixed amount of attenuation (e.g., 6 decibels (dB), 12 dB, or other appropriate fixed amount), or may be a variable amount of attenuation dependent upon a relationship to the distance between the remote handset and the base unit.”).
Conclusion
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/TAMEEM D SIDDIQUEE/
Primary Examiner
Art Unit 2116