DETAILED ACTION
Claims 1 – 9 are pending in the present application.
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 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.
(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 1-2 and 8-9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ashgriz et al. (US 20170153032; hereinafter Ashgriz).
Regarding claim 1, Ashgriz teaches a temperature measurement device to measure temperature in a space having an upper surface and a lower surface (abstract; [0008]; room / space with upper / lower walls; i.e. ceiling and floor; see figs. 2 and 5; see also e.g. fig. 19), the temperature measurement device comprising:
a thermal image sensor to acquire a relative temperature in the space (at least infrared camera 801; see fig. 8; [0075]) and
a temperature sensor to acquire an absolute temperature in the space (at least temperature sensors 905; see fig. 9; [0076] “Sensors 905 are used to measure the initial temperature of the controlled space”; see [0062] teaching a thermistor to measure the initial/real air temperature); and
processing circuitry (at least [0048] teaches a computer is used for the processing; see also [0052])
to estimate, when a reference point is set at a position different from a position where the temperature sensor is installed in the space, an absolute temperature of the reference point from a measurement value of the temperature sensor, a vertical component of a distance from an installation position of the temperature sensor to the reference point, a vertical component of a distance from the upper surface to the lower surface ([0008-09] teaches “a 3D point cloud” of the space/room with the thermistor/temperature sensor of [0042]/[0062]; see figs. 2-A/B showing corrected temperatures of the points including vertical / “Z” axis differences from a thermistor on a wall as in [0062] and from the upper all the way to the lower surface; see also [0054-55] and [0065] teaching regarding using the IR camera and temperature sensor data to “to estimate the temperature at each element cell” [0055]; where “initial condition is measured using an infrared camera, and a single point temperature sensor” [0065]; see also abstract), and
a temperature coefficient of the space (see at least [0094] teaching at least that “h.sub.c is the convective heat transfer coefficient” and is used in the thermal condition calculation(s) of the virtual thermostat temperature estimates/predictions); and
to determine a correction value from the estimated absolute temperature of the reference point and the relative temperature of the reference point acquired by the thermal image sensor ([0042] “The sensor on the wall is used together with the infrared data to estimate the initial temperature of the space and to calibrate the results from the numerical solver by comparing the average temperature estimation around the sensor from the solver with real reading from temperature sensor itself”), and
generate an absolute temperature distribution from the relative temperature distribution acquired by the thermal image sensor and the correction value (see [0065] and fig. 5-A/B/C teaching and showing regarding “temperature distributions inside the space” calculated by the virtual thermostat using the data from “an infrared camera, and a single point temperature sensor” as well as other mentioned correction values; see also figs. 2-A/B showing examples of this generated cross sectional contour of temperature distribution -- “a computed front cross sectional contour of temperature distribution” [0013]; see [0014]).
Regarding claim 2, Ashgriz teaches that the reference point is on the upper surface or the lower surface (see at least figs. 2-A/B showing that the 3D cloud of points has points on the upper and/or lower surfaces).
Regarding claim 8, Ashgriz teaches a temperature measurement method (abstract; [0006]) for measuring temperature in a space having an upper surface and a lower surface (abstract; [0008]; room / space with upper / lower walls; i.e. ceiling and floor; see figs. 2 and 5; see also e.g. fig. 19), the temperature measurement method comprising:
setting a reference point at a position different from a position where a temperature sensor for acquiring an absolute temperature is installed (at least a point of the “3D point cloud” [0009] not at the wall mounted temperature sensor of [0062]; see at least temperature sensors 905; see fig. 9; [0076] “Sensors 905 are used to measure the initial temperature of the controlled space”; see [0062] further teaching a thermistor to measure the initial/real air temperature);
estimating an absolute temperature of the reference point from a measurement value of the temperature sensor, a vertical component of a distance from an installation position of the temperature sensor to the reference point, a vertical component of a distance from the upper surface to the lower surface ([0008-09] teaches regarding the “3D point cloud” [0009] of the space/room with the thermistor/temperature sensor of [0042]/[0062]; see figs. 2-A/B showing corrected temperatures of the points including vertical / “Z” axis differences from a thermistor on a wall as in [0062] and from the upper all the way to the lower surface; see also [0054-55] and [0065] teaching regarding using the IR camera and temperature sensor data to “to estimate the temperature at each element cell” [0055]; where “initial condition is measured using an infrared camera, and a single point temperature sensor” [0065]; see also abstract), and
a temperature coefficient of the space (see at least [0094] teaching at least that “h.sub.c is the convective heat transfer coefficient” and is used in the thermal condition / temperature calculation(s) of the virtual thermostat temperature estimates/predictions); and
determining a correction value from the estimated absolute temperature of the reference point and the relative temperature of the reference point acquired by a thermal image sensor for acquiring a relative temperature in the space ([0042] “The sensor on the wall is used together with the infrared data to estimate the initial temperature of the space and to calibrate the results from the numerical solver by comparing the average temperature estimation around the sensor from the solver with real reading from temperature sensor itself”), and
generating an absolute temperature distribution from a relative temperature distribution acquired by the thermal image sensor and the correction value (see [0065] and fig. 5-A/B/C teaching and showing regarding “temperature distributions inside the space” calculated by the virtual thermostat using the data from “an infrared camera, and a single point temperature sensor” as well as other mentioned correction values; see also figs. 2-A/B showing examples of this generated cross sectional contour of temperature distribution -- “a computed front cross sectional contour of temperature distribution” [0013]; see [0014]).
Regarding claim 9, Ashgriz teaches an electric apparatus (HVAC unit / air conditioner; 450; see fig. 4) whose function is controlled on a basis of the temperature measurement device according to claim 1 (see treatment of claim 1 above; see abstract), and an absolute temperature selected from an absolute temperature distribution generated by the processing circuitry of the temperature measurement device (abstract at least teaches to “control the temperature at the target zone in the controlled space by comparing the calculated average temperature of the target zone with a user defined temperature and to turn the HVAC system ON and OFF”; see also [0001]; see also figs. 5-A/B/C showing this control in a zone of the room / controlled space).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ashgriz et al. (US 20170153032; hereinafter Ashgriz).
Regarding claim 3, Ashgriz lacks direct and specific teaching that the temperature coefficient is a temperature change per height in the space.
However, Ashgriz does disclose a user-controlled height of the controlled zone ([0032]; fig. 18; [0065]; [0087-88]; see also figs. 2-A/B showing that the temperature is known to change / decrease with height in the room).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the knowledge of height control and the change on temperature by height of Ashgriz with a defined coefficient of temperature change per height. This is because one of ordinary skill in the art would have expected use of a coefficient to be one of several straightforward ways of accounting for the known temperature change by height in a room because such a coefficient is known to simplify the calculations / equations for faster processing.
Regarding claim 5, Ashgriz lacks direct and specific teaching that the correction value is a temperature difference between the estimated absolute temperature of the reference point and the relative temperature of the reference point in the relative temperature distribution acquired from the thermal image sensor, and the absolute temperature distribution is generated by replacing the relative temperature of the reference point in the relative temperature distribution acquired from the thermal image sensor with the estimated absolute temperature of the reference point and adding or subtracting the correction value to or from the relative temperature at a position different from the reference point.
However, Ashgriz does disclose that it is known that there is a difference from the single point measured temperature and the actual temperature at a different point (see [0015] and fig. 3; see figs. 2-A/B) as well as correcting the data using this difference ([0042] “The sensor on the wall is used together with the infrared data to estimate the initial temperature of the space and to calibrate the results from the numerical solver by comparing the average temperature estimation around the sensor from the solver with real reading from temperature sensor itself”).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the differences in temperature at various points of Ashgriz with specifically using adding and subtraction as here. This is because one of ordinary skill in the art would have expected use of various models of the temperature gradient including correcting / calibrating by adding or subtracting the estimated difference because such a model uses the knowledge of the temperature gradient in the room to adjust / correct / calibrate the final estimation and increase the accuracy of this temperature estimation.
Allowable Subject Matter
Claims 4 and 6-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The best prior art of record Ashgriz et al. (US 20170153032), Shimamoto et al. (US 20220398764), and Obinelo (US 20150134123), fail to specifically teach the invention as claimed. The specific limitations in independent claim 1 when combined with the limitations regarding the equation with definitions as in claim 4 and the thresholds in claims 6-7 as well as all additional limitations also in dependent claims 4 and 6-7 distinguish the present invention from the combined prior art.
Hence the prior art of record fails to teach the invention as set forth in claims 4 and 6-7. The examiner cannot find specific teaching of the invention, nor reasons within the cited art to combine the elements of these references other than applicant’s own reasoning to fully encompass the current pending claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN/ SPE, Art Unit 2855