Prosecution Insights
Last updated: April 19, 2026
Application No. 18/566,146

SYSTEMS AND METHODS FOR DETERMINING A CONFIGURATION OF OCCUPANTS IN A SPACE USING SENSORS WITH SINGLE-PIXEL THERMOPILES

Non-Final OA §101
Filed
Dec 01, 2023
Examiner
GO, RICKY
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Signify Holding B V
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
89%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
804 granted / 1008 resolved
+11.8% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
42 currently pending
Career history
1050
Total Applications
across all art units

Statute-Specific Performance

§101
35.2%
-4.8% vs TC avg
§103
19.4%
-20.6% vs TC avg
§102
28.1%
-11.9% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1008 resolved cases

Office Action

§101
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. Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The references listed in the Information Disclosure Statements filed on 12/01/2023 have been considered by the examiner (see attached PTO-1449 forms). 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- 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to an abstract idea without significantly more. Claim 1 recites a system for determining a configuration of one or more occupants in a space, comprising: at least one sensor device comprising a single-pixel thermopile in the space, wherein the single-pixel thermopile is configured to capture sensor signals related to one or more occupants in the space; a controller in communication with the at least one sensor device in the space, wherein the controller is configured to: determine or obtain training data for detecting first and second configurations of one or more occupants in the space ; receive a temperature signal from the single-pixel thermopile, the temperature signal corresponding to a detection area in the space that is within a field-of-view of the single-pixel thermopile over time; detect a change in the temperature signal, the change being equal to or larger than a predetermined step threshold; determine first and second probabilities for at least one feature of a shape or pattern of the temperature signal, the first and second probabilities corresponding to the first and second configurations of the one or more occupants in the space based on the training data, respectively ; and identify a class label for the temperature signal using the determined first and second probabilities and a posteriori probability estimate, wherein the class label corresponds with the first or second configurations of the one or more occupants in the space and wherein the posteriori probability estimate indicates the first probability or the second probability . Claim 9 recites a method for determining a configuration of one or more occupants in a space, comprising: (a) providing at least one sensor device comprising a single-pixel thermopile in the space, the single-pixel thermopile configured to capture sensor signals related to one or more occupants in the space; (b) providing a controller in communication with the at least one sensor device in the space; (c) determining or obtaining, by the controller, training data for detecting first and second configurations of one or more occupants in the space; (d) measuring, with the single-pixel thermopile, a temperature signal of a detection area in the space that is within a field of view of the single-pixel thermopile over time; (e) detecting, with the controller, a change in the temperature signal, the change being equal to or larger than a predetermined step threshold; (f) determining , with the controller, first and second probabilities for at least one feature of a shape or pattern of the temperature signal, the first and second probabilities corresponding to the first and second configurations of the one or more occupants in the space based on the training data, respectively ; and (g) identifying , with the controller, a class label for the temperature signal using the determined first and second probabilities and a posteriori probability estimate, wherein the class label corresponds with the first or second configurations of the one or more occupants in the space and wherein the posteriori probability estimate indicates the first probability or the second probability . and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations. These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claim 1) “ at least one sensor device comprising a single-pixel thermopile in the space, wherein the single-pixel thermopile is configured to capture sensor signals related to one or more occupants in the space, receive a temperature signal from the single-pixel thermopile, the temperature signal corresponding to a detection area in the space that is within a field-of-view of the single-pixel thermopile over time ” (claim 9 ) “ (a) providing at least one sensor device comprising a single-pixel thermopile in the space, the single-pixel thermopile configured to capture sensor signals related to one or more occupants in the space, (d) measuring, with the single-pixel thermopile, a temperature signal of a detection area in the space that is within a field of view of the single-pixel thermopile over time ” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional element (claim s 1 and 9 ) a “ controller ” is recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea . All of which are considered not indicative of integration into a practical application (see “ Federal Register / Vol. 84, No. 4/ Monday, January 7, 2019 / Notices ” – page 55, second column). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the data gathering steps are mere data collect steps which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional element of the controller is mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f). Dependent claims 2- 8 and 1 0-15 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea. Allowable Subject Matter Claim s 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 , set forth in this Office action. The following is an examiner’s statement of reasons for allowance: Claim 1 objected to because the closest prior art, RAYKOV et al. [US 2017/0364817 A1] , fails to anticipate or render obvious determine first and second probabilities for at least one feature of a shape or pattern of the temperature signal, the first and second probabilities corresponding to the first and second configurations of the one or more occupants in the space based on the training data, respectively; and identify a class label for the temperature signal using the determined first and second probabilities and a posteriori probability estimate, wherein the class label corresponds with the first or second configurations of the one or more occupants in the space and wherein the posteriori probability estimate indicates the first probability or the second probability , in combination with all other limitations in the claim(s) as defined by applicant. Claim 9 is objected to because the closest prior art, RAYKOV et al. [US 2017/0364817 A1] , fails to anticipate or render obvious determining, with the controller, first and second probabilities for at least one feature of a shape or pattern of the temperature signal, the first and second probabilities corresponding to the first and second configurations of the one or more occupants in the space based on the training data, respectively; and identifying, with the controller, a class label for the temperature signal using the determined first and second probabilities and a posteriori probability estimate, wherein the class label corresponds with the first or second configurations of the one or more occupants in the space and wherein the posteriori probability estimate indicates the first probability or the second probability , in combination with all other limitations in the claim(s) as defined by applicant. Relevant Prior Art / Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. RAISSI et al. (US Patent Application Publication 2020/0293594 A1 ) discloses systems and methods for analyzing objects based on a probability distribution ; Chevalier et al. (US Patent Application Publication 2018/0039745 A1 ) discloses systems and methods for identification of persons and characterizations of mental perceptions . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT RICKY GO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3340 . The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-2619 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RICKY GO/ Primary Examiner, Art Unit 2857
Read full office action

Prosecution Timeline

Dec 01, 2023
Application Filed
Mar 03, 2026
Non-Final Rejection — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
89%
With Interview (+9.1%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1008 resolved cases by this examiner. Grant probability derived from career allow rate.

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