DETAILED ACTION
Claims 1-19 are presented for examination. This office action is response to the submission on 1/16/2024.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed on 1/16/2024 are acceptable for examination proceedings.
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)(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, 3-9 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown et al. (US20180188628A1).
Claim 1:
Brown teaches “A method for controlling at least one environmental condition of an interior space comprising at least one window,” (Brown [0002] "The embodiments disclosed herein relate generally to electrochromic devices, more particularly to controllers and related algorithms for electrochromic windows."),
“the method comprising: (a) receiving a first indication of at least one external environmental condition from at least one exterior sensor at a first timepoint;” (Brown teaches that output signals may be received from an exterior photosensor i.e. an exterior sensor in Brown [0089] "As shown in FIG. 8, in operation 805, output signals from any two or more sensors are received. In some embodiments, output from the sensors is received by a window controller. In some other embodiments, output from these sensors is received at a network including a building management system or a master network controller. Again, building management systems are described further below in the Building Management System section. The sensors may be selected from the group consisting of an exterior photosensor, an interior photosensor, an occupancy sensor, an exterior temperature sensor, and a transmissivity sensor which detects light passing through the tintable window from the exterior. In some embodiments, when the interior photosensor is facing the tintable window, output from both the exterior photosensor and the interior photosensor can be used to determine the light passing through the tintable window from the exterior."; Brown teaches that the output signals are sampled on a preset timing function i.e. the output signal may be received at a first time period in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated."
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“(b) receiving a second indication of the at least one external environmental condition from the at least one exterior sensor at a second timepoint;” (Brown teaches that the output signals are sampled on a preset timing function i.e. the output signal may be received at a second time period after a preset time has elapsed in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated."),
“(c) determining a change in the at least one external environmental condition between the first timepoint and a second timepoint;” (Brown teaches that the output signals are sampled on a preset timing function i.e. the output signal may be received at a first time period in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated."; Brown teaches adjusting the tint level based on sensed values i.e. if the detected signal changes, the controller will set a different tint level by determining a change in the condition in Brown [0091-0092] "In operation 810, a level of tint for the tintable window is determined using a relationship between the received energy output signals and the level of tint. In some embodiments, the relationship tends to minimize energy consumption by a heating system, a cooling system, and/or lighting in the room while providing conditions suitable for occupancy of the room. For example, when output indicating an energy or power consumption by a heating system, a cooling system, and/or lighting in the room is received, this output may be used with the other received output signals in to determine the level of tinting for the tintable window to minimize energy consumption. In some embodiments, the relationship is an expression in which the level of tint is the dependent variable and the output signals are independent variables; an example of such a relationship is shown in FIG. 6. The window controller receives the output signals and computes the level of tint based on the relationship and the output signals. In some other embodiments, the relationship is a lookup table in which levels of tint are specified for various combinations of output signal values. Such a lookup table may be used, for example, when the tintable window is capable of achieving a finite number of states (e.g., two states, bleached and colored, or four states)."; Brown teaches that decision block 820 may query whether there has been a change in output from the sensors i.e. it determines a change in the external condition between a first timepoint and a second timepoint in Brown [0095] "Decision block 820 may also be based on any number of criteria, depending on the desired control level of the one or more windows. For example, decision block 820 may query whether there has been any change in the output from one or more sensors. If the answer is negative, then the method is complete; if the answer is affirmative, then operations 805 through 815 are repeated.”
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“(d) receiving an indication of at least one internal environmental condition in the interior space from at least one interior sensor at the second timepoint;” (Brown teaches that output signals may be received from an interior photosensor i.e. an indication of an internal environmental condition in the interior space from an interior sensor in Brown [0089] "As shown in FIG. 8, in operation 805, output signals from any two or more sensors are received. In some embodiments, output from the sensors is received by a window controller. In some other embodiments, output from these sensors is received at a network including a building management system or a master network controller. Again, building management systems are described further below in the Building Management System section. The sensors may be selected from the group consisting of an exterior photosensor, an interior photosensor, an occupancy sensor, an exterior temperature sensor, and a transmissivity sensor which detects light passing through the tintable window from the exterior. In some embodiments, when the interior photosensor is facing the tintable window, output from both the exterior photosensor and the interior photosensor can be used to determine the light passing through the tintable window from the exterior."; Brown teaches that the output signals are sampled on a preset timing function i.e. the output signal may be received at a second time period after a preset time has elapsed in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated."),
“(e) determining if the at least one internal environmental condition satisfies at least one predetermined constraint at the second timepoint;” (Brown teaches that weighting constants may be set such that lighting in the room may be relatively constant i.e. the sensors detect whether the lighting in the room is outside a threshold in Brown [0084] "The weighting constants, k1, k2, k3, and k4 are set to achieve the desired response for electrochromic window 505. For example, if an occupant in the room is to have control over the tint level of electrochromic window 505, the weighting constants are set to k1=0, k2=0, k3=0, and k4=1. Weighting constant k3 (i.e., for the exterior temperature sensor output) may be given a large value if electrochromic window 505 is used to reduce HVAC energy consumption in room 500. Weighting constants k1 and k2 (i.e., for the exterior photosensor output and the interior photosensor output, respectively) may be given values to keep the lighting in room 500 relatively constant. The weighting constants may be set to achieve any of a number of different responses for electrochromic window 505."), and
“and (f) altering a light transmission of the at least one window using a control device configured to adjust at least one physical property of the at least one window to produce a setpoint, wherein the at least one internal environmental condition satisfies the at least one predetermined constraint at the setpoint.” (Brown teaches that weighting constants may be set such that lighting in the room may be relatively constant i.e. if the lighting in the room is outside a threshold, it will adjust the output value to the window in order to achieve the desired lighting setting in Brown [0084] "The weighting constants, k1, k2, k3, and k4 are set to achieve the desired response for electrochromic window 505. For example, if an occupant in the room is to have control over the tint level of electrochromic window 505, the weighting constants are set to k1=0, k2=0, k3=0, and k4=1. Weighting constant k3 (i.e., for the exterior temperature sensor output) may be given a large value if electrochromic window 505 is used to reduce HVAC energy consumption in room 500. Weighting constants k1 and k2 (i.e., for the exterior photosensor output and the interior photosensor output, respectively) may be given values to keep the lighting in room 500 relatively constant. The weighting constants may be set to achieve any of a number of different responses for electrochromic window 505.").
Claim 3:
Brown teaches “The method of claim 1, wherein the at least one external environmental condition is chosen from intensity, (Brown teaches that an exterior photosensor detects irradiance of light in Brown [0070] "Exterior photosensor 510 and interior photosensor 520 are devices that are able to detect the irradiance of light incident upon them. Light incident upon a photosensor may be light directly from a light source or light reflected from a surface to the photosensor. Exterior photosensor 510 generally measures the direct or reflected sunlight incident upon the photosensor. A light level detected by exterior photosensor 510 changes with the time of day and with the time of year as the angle at which sunlight strikes the earth changes. The light level detected by exterior photosensor 510 also changes with the weather; e.g., on cloudy days, sunlight would be blocked by the clouds and the light level detected by exterior photosensor 510 would be lower than on cloudless days. In some embodiments, there may be one or more exterior photosensors 510. Output from the one or more exterior photosensors 510 could be compared to one another to determine, for example, if one of exterior photosensors 510 is shaded by an object, such as by a bird that landed on exterior photosensor 510.").
Claim 4:
Brown teaches “The method of claim 1, wherein the at least one internal environmental condition is chosen from illuminance, (Brown teaches that an interior photosensor detects irradiance of light i.e. illuminance in Brown [0070] "Exterior photosensor 510 and interior photosensor 520 are devices that are able to detect the irradiance of light incident upon them. Light incident upon a photosensor may be light directly from a light source or light reflected from a surface to the photosensor. Exterior photosensor 510 generally measures the direct or reflected sunlight incident upon the photosensor. A light level detected by exterior photosensor 510 changes with the time of day and with the time of year as the angle at which sunlight strikes the earth changes. The light level detected by exterior photosensor 510 also changes with the weather; e.g., on cloudy days, sunlight would be blocked by the clouds and the light level detected by exterior photosensor 510 would be lower than on cloudless days. In some embodiments, there may be one or more exterior photosensors 510. Output from the one or more exterior photosensors 510 could be compared to one another to determine, for example, if one of exterior photosensors 510 is shaded by an object, such as by a bird that landed on exterior photosensor 510.").
Claim 5:
Brown teaches “The method of claim 1, wherein the control device adjusts at least one of a tint level, contrast level, or light scattering property of the at least one window.” (Brown teaches adjusting the tint of a tintable window in Brown [0094] "Referring again to FIG. 8, in operation 815, instructions are provided to change the tint of the tintable window to the level of tint determined in operation 810. In some embodiments, this includes a window controller applying voltage or current to the tintable window to drive the change in tint pursuant to the instructions. For example, for window controller 450 shown in FIG. 4, microcontroller 455 provides instruction to PWM 460 to apply voltage and/or current to the tintable window.").
Claim 6:
Brown teaches “The method of claim 1, further comprising receiving a room occupancy indicator from the at least one interior sensor prior to altering the light transmission of the at least one window.” (Brown teaches an output signal from one of the sensors received in step 805 may be received from an occupancy sensor in Brown [0089] "As shown in FIG. 8, in operation 805, output signals from any two or more sensors are received. In some embodiments, output from the sensors is received by a window controller. In some other embodiments, output from these sensors is received at a network including a building management system or a master network controller. Again, building management systems are described further below in the Building Management System section. The sensors may be selected from the group consisting of an exterior photosensor, an interior photosensor, an occupancy sensor, an exterior temperature sensor, and a transmissivity sensor which detects light passing through the tintable window from the exterior. In some embodiments, when the interior photosensor is facing the tintable window, output from both the exterior photosensor and the interior photosensor can be used to determine the light passing through the tintable window from the exterior.").
Claim 7:
Brown teaches “The method of claim 6, wherein altering the light transmission of the at least one window occurs when the at least one interior sensor indicates that an occupancy of the interior space is less than or equal to a predetermined occupancy threshold.” (Brown teaches adjusting the tint level using a relationship between the received output signals and the level of tint suitable for occupancy of the room i.e. it will adjust the tint based on the room being occupied in Brown [0091-0092] "In operation 810, a level of tint for the tintable window is determined using a relationship between the received energy output signals and the level of tint. In some embodiments, the relationship tends to minimize energy consumption by a heating system, a cooling system, and/or lighting in the room while providing conditions suitable for occupancy of the room. For example, when output indicating an energy or power consumption by a heating system, a cooling system, and/or lighting in the room is received, this output may be used with the other received output signals in to determine the level of tinting for the tintable window to minimize energy consumption. In some embodiments, the relationship is an expression in which the level of tint is the dependent variable and the output signals are independent variables; an example of such a relationship is shown in FIG. 6. The window controller receives the output signals and computes the level of tint based on the relationship and the output signals. In some other embodiments, the relationship is a lookup table in which levels of tint are specified for various combinations of output signal values. Such a lookup table may be used, for example, when the tintable window is capable of achieving a finite number of states (e.g., two states, bleached and colored, or four states).").
Claim 8:
Brown teaches “The method of claim 1, wherein altering the light transmission of the at least one window comprises selecting a setpoint from stored setpoints determined at previous timepoints during external environmental conditions similar to the at least one external environmental condition determined at the second timepoint.” (Brown teaches that when a window has a finite amount of states, the determined output value is used to assign a state i.e. a stored setpoint is selected which may be a state that has been previous selected and the selected state would have been selected in similar external environmental conditions in Brown [0082-0083] "FIG. 6 depicts a function that uses weighting constants, k1, k2, k3, and k4 to weight the outputs from the different sensors/commands, where EP is the exterior photosensor output, IP is the interior photosensor output, T is the temperature sensor output, and TC is the tint command input. The weighting constants are set to achieve the desired response for electrochromic window 505. Using the function, an output value (OV) is determined. Depending on the output value, the microcontroller 455 can instruct PWM 460 to transition electrochromic window 505 to a desired state. For example, when the output value ranges from 0 to 15 (e.g., 16 tint states, ranging from about 67% transmissivity to 4% transmissivity) and electrochromic window 505 has two states, with an output value of 0, window controller 450 can instruct electrochromic window 505 to transition to a bleached state, and with an output value of 15, window controller 450 can instruct electrochromic window 505 to transition to a colored state. As another example, when the output value ranges from 0 to 15 and electrochromic window 505 has four states, with an output value of 0 to 4, window controller 450 can instruct electrochromic window 505 to transition to a bleached state, with an output value of 5 to 9, window controller 450 can instruct electrochromic window 505 to transition to a first intermediate state, with an output value of 10 to 14,window controller 450 can instruct electrochromic window 505 to transition to a second intermediate state, and with an output value of 15, window controller 450 can instruct electrochromic window 505 to transition to a colored state. As yet another example, when the output value ranges from 0 to 15 and electrochromic window 505 has an infinite number of intermediate states, with an output value of 0, window controller 450 can instruct electrochromic window 505 to transition to a bleached state, with an output value of 15, window controller 450 can instruct electrochromic window 505 to transition to a colored state, and with an output value between 0 to 15, window controller 450 can instruct electrochromic window 505 to transition to a tint level corresponding to the output value.").
Claim 9:
Brown teaches “The method claim 1, comprising repeating steps (d)-(f) in situ for a predetermined time period to produce a plurality of possible setpoints and selecting an optimal setpoint corresponding to a maximum or minimum value of the at least one internal environmental condition.” (Brown teaches repeating steps 805-815 after a time period has elapsed i.e. it determines an optimal setpoint after repeating steps (d) to (f) after a predetermined time period in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated.").
Claim 11:
Brown teaches “The method of claim 1, wherein the at least one internal environmental condition comprises a first internal environmental condition and a second internal environmental condition,” (Brown teaches that an output signal from the two or more sensors may include a signal from an interior photosensor i.e. a first environmental condition and an energy consumption i.e. a second environmental condition in Brown [0089-0090] "As shown in FIG. 8, in operation 805, output signals from any two or more sensors are received. In some embodiments, output from the sensors is received by a window controller. In some other embodiments, output from these sensors is received at a network including a building management system or a master network controller. Again, building management systems are described further below in the Building Management System section. The sensors may be selected from the group consisting of an exterior photosensor, an interior photosensor, an occupancy sensor, an exterior temperature sensor, and a transmissivity sensor which detects light passing through the tintable window from the exterior. In some embodiments, when the interior photosensor is facing the tintable window, output from both the exterior photosensor and the interior photosensor can be used to determine the light passing through the tintable window from the exterior. In some embodiments, output indicating an energy or power consumption by a heating system, a cooling system, and/or lighting in the room also is received. In some embodiments, devices that interface with the wires of the circuits providing power to the room including the tintable window provide the energy or power consumption output."), and
“and the method further comprises: (g) altering at least one additional variable of the interior space using the at least one control device to produce an overall setpoint, wherein the first internal environmental condition satisfies a first predetermined constraint and the second internal environmental condition satisfies a second predetermined constraint at the overall setpoint.” (Brown teaches adjusting the tint in order to minimize energy consumption while providing conditions suitable for occupancy of the room i.e. adjusting the tint may accomplish energy savings, a first variable satisfying a first constraint and provide conditions suitable for occupancy, a second variable satisfying a second constraint in Brown [0091] "In operation 810, a level of tint for the tintable window is determined using a relationship between the received energy output signals and the level of tint. In some embodiments, the relationship tends to minimize energy consumption by a heating system, a cooling system, and/or lighting in the room while providing conditions suitable for occupancy of the room. For example, when output indicating an energy or power consumption by a heating system, a cooling system, and/or lighting in the room is received, this output may be used with the other received output signals in to determine the level of tinting for the tintable window to minimize energy consumption.").
Claim 12:
Brown teaches “The method of claim 11, further comprising repeating steps (d)-(g) in situ for a predetermined time period to produce a plurality of possible setpoints and selecting an optimal setpoint corresponding to a maximum or minimum value of the first internal environmental condition, wherein the second internal environmental condition satisfies the second predetermined constraint at the optimal setpoint.” (Brown teaches repeating steps 805-815 after a time period has elapsed i.e. it determines an optimal setpoint after repeating steps (d) to (g) after a predetermined time period in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated.").
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 2 and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (US20180188628A1), in view of Jong et al. (US20220128846A1).
Claim 2:
Brown teaches “The method of claim 1, wherein the at least one window comprises a liquid crystal window” (Brown teaches that a liquid crystal device may be used instead of an electrochromic device in Brown [0032] "It should be understood that while the disclosed embodiments focus on electrochromic (EC) windows (also referred to as smart windows), the concepts disclosed herein may apply to other types of tintable windows. For example, a window incorporating a liquid crystal device or a suspended particle device, instead of an electrochromic device, could be incorporated in any of the disclosed embodiments.").
Brown does not appear to explicitly teach “and wherein altering the light transmission of the at least one window comprises actuating at least one liquid crystal layer in the liquid crystal window.” However, Jong does teach this claim limitation (Jong teaches adjusting the state of a switchable layer in order to reach the desired state of the smart window in Jong [0017-0018] "After computing of the display frame, the state of each of the switchable elements of the group of switchable elements is set as defined by the setting values of the computed display frame in a subsequent step c) of the method. The switchable elements comprise liquid crystal-based switchable optical devices capable of controlling the transmittance of light. Such a liquid crystal-based switchable optical device usually comprises in this order a first substrate, a switchable layer and a second substrate. The switchable layer comprises at least one liquid crystalline medium. The two substrates are each coated with a transparent electrode to allow control of the switchable layer by means of an electric field. The liquid crystalline medium may comprise further components such as spacers in order to ensure a uniform thickness of the liquid crystal based switchable layer." ).
Brown and Jong are analogous art because they are from the same field of endeavor of controlling adjustable windows. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Brown and Jong before him/her, to modify the teachings of a method of controlling transitions in optically switchable devices of Brown to include the liquid crystal-based switchable optical device of Jong because adding the Method for Controlling the State of Two or More Liquid-Crystal-Based Switchable Elements of Jong would allow for a response time of 0.5 to 1 seconds, which a person having ordinary skill in the art would recognize as an improvement in terms of responsiveness as described in Jong [0023] “The optical state of the switchable optical devices and thus of the switchable elements may be controlled by the application of an electrical driving signal in the form of an AC voltage to the electrodes. Typical switching times between two states may, for example range from about 0.1 seconds to 5 seconds, preferably from 0.2 to 2 seconds, more preferably from 0.5 to 1 seconds. For example, full range switching from a dimmed state to a transparent state of a typical liquid crystal based switchable element takes approximately 0.5 seconds and full range switching from a transparent to a dimmed state takes approximately 0.8 seconds. The full switching range is typically defined as a step between 10% and 90% of the maximum range. That is, because the last 10% (on either side) often is reached in an asymptotic manner, while this is visually less important.”
Claim 13:
Brown in view of Jong teaches “The method of claim 1, wherein altering the light transmission of the at least one window occurs within an adjustment time period of 15 seconds or less.” (Jong teaches a method for controlling the state of liquid crystal-based smart windows in Jong [0002] "The invention relates to a method for controlling the state of two or more liquid crystal-based switchable elements, the switchable elements being configured as smart windows and/or switchable subunits of smart windows."; Jong teaches that switching times between two states may be preferably 0.5 to 1 seconds in Jong [0023] "The optical state of the switchable optical devices and thus of the switchable elements may be controlled by the application of an electrical driving signal in the form of an AC voltage to the electrodes. Typical switching times between two states may, for example range from about 0.1 seconds to 5 seconds, preferably from 0.2 to 2 seconds, more preferably from 0.5 to 1 seconds. For example, full range switching from a dimmed state to a transparent state of a typical liquid crystal based switchable element takes approximately 0.5 seconds and full range switching from a transparent to a dimmed state takes approximately 0.8 seconds. The full switching range is typically defined as a step between 10% and 90% of the maximum range. That is, because the last 10% (on either side) often is reached in an asymptotic manner, while this is visually less important.").
Claim 14:
Brown in view of Jong teaches “The method of claim 13, wherein the adjustment time period is 1 second or less.” (Jong teaches a method for controlling the state of liquid crystal-based smart windows in Jong [0002] "The invention relates to a method for controlling the state of two or more liquid crystal-based switchable elements, the switchable elements being configured as smart windows and/or switchable subunits of smart windows."; Jong teaches that switching times between two states may be preferably 0.5 to 1 seconds in Jong [0023] "The optical state of the switchable optical devices and thus of the switchable elements may be controlled by the application of an electrical driving signal in the form of an AC voltage to the electrodes. Typical switching times between two states may, for example range from about 0.1 seconds to 5 seconds, preferably from 0.2 to 2 seconds, more preferably from 0.5 to 1 seconds. For example, full range switching from a dimmed state to a transparent state of a typical liquid crystal based switchable element takes approximately 0.5 seconds and full range switching from a transparent to a dimmed state takes approximately 0.8 seconds. The full switching range is typically defined as a step between 10% and 90% of the maximum range. That is, because the last 10% (on either side) often is reached in an asymptotic manner, while this is visually less important.").
Claim 15:
Brown teaches “An apparatus for controlling at least one environmental condition of an interior space, the apparatus comprising: (a) at least one exterior sensor configured to determine at least one external environmental condition;” (Brown teaches that output signals may be received from an exterior photosensor i.e. an exterior sensor in Brown [0089] "As shown in FIG. 8, in operation 805, output signals from any two or more sensors are received. In some embodiments, output from the sensors is received by a window controller. In some other embodiments, output from these sensors is received at a network including a building management system or a master network controller. Again, building management systems are described further below in the Building Management System section. The sensors may be selected from the group consisting of an exterior photosensor, an interior photosensor, an occupancy sensor, an exterior temperature sensor, and a transmissivity sensor which detects light passing through the tintable window from the exterior. In some embodiments, when the interior photosensor is facing the tintable window, output from both the exterior photosensor and the interior photosensor can be used to determine the light passing through the tintable window from the exterior."; Brown teaches that the output signals are sampled on a preset timing function i.e. the output signal may be received at a first time period in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated."),
“(b) at least one interior sensor configured to determine at least one internal environmental condition;” (Brown teaches that output signals may be received from an interior photosensor i.e. an indication of an internal environmental condition in the interior space from an interior sensor in Brown [0089] "As shown in FIG. 8, in operation 805, output signals from any two or more sensors are received. In some embodiments, output from the sensors is received by a window controller. In some other embodiments, output from these sensors is received at a network including a building management system or a master network controller. Again, building management systems are described further below in the Building Management System section. The sensors may be selected from the group consisting of an exterior photosensor, an interior photosensor, an occupancy sensor, an exterior temperature sensor, and a transmissivity sensor which detects light passing through the tintable window from the exterior. In some embodiments, when the interior photosensor is facing the tintable window, output from both the exterior photosensor and the interior photosensor can be used to determine the light passing through the tintable window from the exterior."; Brown teaches that the output signals are sampled on a preset timing function i.e. the output signal may be received at a second time period after a preset time has elapsed in Brown [0095] "Method 800 can be implemented in an iterative process, as described in operation 820, a decision block. For example, as part of an automated program to control one or more electrochromic windows, the tint level instructions may be generated based on a preset timing function, where after a preset time has elapsed, the controller samples output from the sensors in order to generate new instructions for the window. If the time period has not elapsed, then no further instructions are needed and the method ends. Once the time period has elapsed, then operations 805 through 815 are repeated."),
“(c) a computer processor configured to receive data from the at least one exterior sensor and the at least one interior sensor and to determine at least one setpoint based on the received data;” (Brown teaches a window controller that controls a tint state i.e. a setpoint according to the output from sensors in Brown [0088] "FIG. 8 shows a flow chart of a method for limiting the energy consumption in a room having at least one tintable window between an interior and exterior of the room. The level of tinting may be controlled automatically; i.e., output from the sensors may be input to the window controller, and the window controller may control the tint state of the tintable window according to the output from the sensors."),
“(d) a control device in communication with the computer processor and configured to receive the at least one setpoint and send a signal with adjustment instructions to at least one window;” (Brown teaches that a window controller 450 includes a microcontroller 455 i.e. a computer processor which communicates and a PWM i.e. a control device in communication with the computer processor to apply a voltage and/or current to the window in Brown [0077] "In some embodiments, when window controller 450 is not connected to a network, two or more sensors may provide output signals to window controller 450 through signal conditioning module 465. Signal conditioning module 465 passes these output signals to a microcontroller, 455. Microcontroller 455 determines the level of tint of electrochromic window 505, based on the outputs, and instructs a PWM, 460, to apply a voltage and/or current to electrochromic window 505 to transition to the desired state."), and
“and (e) at least one window configured to receive the signal and to actuate upon receipt of the signal to adjust at least one physical property of the at least one window based on the adjustment instructions (Brown teaches that a window controller 450 includes a microcontroller 455 and a PWM to apply a voltage and/or current to the window that transitions to the desired state in Brown [0077] "In some embodiments, when window controller 450 is not connected to a network, two or more sensors may provide output signals to window controller 450 through signal conditioning module 465. Signal conditioning module 465 passes these output signals to a microcontroller, 455. Microcontroller 455 determines the level of tint of electrochromic window 505, based on the outputs, and instructs a PWM, 460, to apply a voltage and/or current to electrochromic window 505 to transition to the desired state.").
Brown does not appear to explicitly teach “and (e) at least one window configured to receive the signal and to actuate upon receipt of the signal to adjust at least one physical property of the at least one window based on the adjustment instructions within an adjustment time period of 15 seconds or less.” However, Jong does teach this claim limitation (Jong teaches a method for controlling the state of liquid crystal-based smart windows in Jong [0002] "The invention relates to a method for controlling the state of two or more liquid crystal-based switchable elements, the switchable elements being configured as smart windows and/or switchable subunits of smart windows."; Jong teaches that switching times between two states may be preferably 0.5 to 1 seconds in Jong [0023] "The optical state of the switchable optical devices and thus of the switchable elements may be controlled by the application of an electrical driving signal in the form of an AC voltage to the electrodes. Typical switching times between two states may, for example range from about 0.1 seconds to 5 seconds, preferably from 0.2 to 2 seconds, more preferably from 0.5 to 1 seconds. For example, full range switching from a dimmed state to a transparent state of a typical liquid crystal based switchable element takes approximately 0.5 seconds and full range switching from a transparent to a dimmed state takes approximately 0.8 seconds. The full switching range is typically defined as a step between 10% and 90% of the maximum range. That is, because the last 10% (on either side) often is reached in an asymptotic manner, while this is visually less important.").
Brown and Jong are analogous art because they are from the same field of endeavor of controlling adjustable windows. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Brown and Jong before him/her, to modify the teachings of a method of controlling transitions in optically switchable devices of Brown to include the liquid crystal-based switchable optical device of Jong because adding the Method for Controlling the State of Two or More Liquid-Crystal-Based Switchable Elements of Jong would allow for a response time of 0.5 to 1 seconds, which a person having ordinary skill in the art would recognize as an improvement in terms of responsiveness as described in Jong [0023] “The optical state of the switchable optical devices and thus of the switchable elements may be controlled by the application of an electrical driving signal in the form of an AC voltage to the electrodes. Typical switching times between two states may, for example range from about 0.1 seconds to 5 seconds, preferably from 0.2 to 2 seconds, more preferably from 0.5 to 1 seconds. For example, full range switching from a dimmed state to a transparent state of a typical liquid crystal based switchable element takes approximately 0.5 seconds and full range switching from a transparent to a dimmed state takes approximately 0.8 seconds. The full switching range is typically defined as a step between 10% and 90% of the maximum range. That is, because the last 10% (on either side) often is reached in an asymptotic manner, while this is visually less important.”
Claim 16:
The limitations of claim 16 are substantially the same as claim 14 and it is rejected for the same reasons.
Claim 17:
Brown in view of Jong teaches “The apparatus of claim 15, wherein the at least one window is a liquid crystal window.” (Brown teaches that a liquid crystal device may be used instead of an electrochromic device in Brown [0032] "It should be understood that while the disclosed embodiments focus on electrochromic (EC) windows (also referred to as smart windows), the concepts disclosed herein may apply to other types of tintable windows. For example, a window incorporating a liquid crystal device or a suspended particle device, instead of an electrochromic device, could be incorporated in any of the disclosed embodiments.").
Claim 18:
Brown in view of Jong teaches “The apparatus of claim 15, wherein the at least one physical property is chosen from one or more of (Brown teaches adjusting the tint of a tintable window in Brown [0094] "Referring again to FIG. 8, in operation 815, instructions are provided to change the tint of the tintable window to the level of tint determined in operation 810. In some embodiments, this includes a window controller applying voltage or current to the tintable window to drive the change in tint pursuant to the instructions. For example, for window controller 450 shown in FIG. 4, microcontroller 455 provides instruction to PWM 460 to apply voltage and/or current to the tintable window.").
Claim 19:
Brown in view of Jong teaches “The apparatus of claim 15, wherein the at least one exterior sensor is chosen from visible light sensors,(Brown teaches that an exterior photosensor detects irradiance of light in Brown [0070] "Exterior photosensor 510 and interior photosensor 520 are devices that are able to detect the irradiance of light incident upon them. Light incident upon a photosensor may be light directly from a light source or light reflected from a surface to the photosensor. Exterior photosensor 510 generally measures the direct or reflected sunlight incident upon the photosensor. A light level detected by exterior photosensor 510 changes with the time of day and with the time of year as the angle at which sunlight strikes the earth changes. The light level detected by exterior photosensor 510 also changes with the weather; e.g., on cloudy days, sunlight would be blocked by the clouds and the light level detected by exterior photosensor 510 would be lower than on cloudless days. In some embodiments, there may be one or more exterior photosensors 510. Output from the one or more exterior photosensors 510 could be compared to one another to determine, for example, if one of exterior photosensors 510 is shaded by an object, such as by a bird that landed on exterior photosensor 510.").
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (US20180188628A1), in view of Rozbicki et al. (US20200260556A1).
Claim 10:
Brown teaches “The method of claim 1,” as described above. Brown does not appear to explicitly teach “The method of claim 1, further comprising adjusting at least one of However, Rozbicki does teach this claim limitation (Rozbicki teaches a control method for adjusting the tint of a window that includes adjusting the interior lighting as well as the tint in Rozbicki [0253] "In certain implementations, predictive control logic with Modules A, B, and C also includes an override logic module based on the four scenarios. In this implementation, the override logic module can adjust (override) the tint state of the one or more electrochromic windows determined by Module A, B, and C and/or adjust the interior lighting to obtain the desired CRI in the room. For example, when implementing the third scenario, the control logic may determine that if the tint levels output from Module A, B, and C were used, a curtain wall of windows would be in the darkest tint state at a future time.").
Brown and Rozbicki are analogous art because they are from the same field of endeavor of controlling adjustable windows. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Brown and Rozbicki before him/her, to modify the teachings of a method of controlling transitions in optically switchable devices of Brown to include the control of interior lighting of Rozbicki because adding the Adjusting interior lighting based on dynamic glass tinting of Rozbicki would allow for adjustment to a desired or proper CRI in order for a room to have a color rendering index closer to natural light as described in Rozbicki [0247] “At operation 2250, the control logic determines adjustments to the interior lighting and/or tint states of the electrochromic windows to obtain the desired/proper internal CRI in the room. For example, the control logic may determine the types of lights to activate, color or colors or light to activate, the intensity level settings of the activated lights, location of the lights activated, number and arrangement of lights to activate, etc.” and in Rozbicki [0205] “The tint of a tintable window can change the amount of light transmitted through a tintable window, and the wavelength spectrum and associated color of the interior light transmitted into the room. Some tinting configurations described herein have techniques that provide preferential spectral selection of the incoming light. These techniques can augment lighting to balance both the interior rendered color and the amount of natural light in the appropriate wavelength to improve visual comfort, circadian rhythm regulation, and associated psychological effect. For example, a tintable window may include a filter layer that controls the transmission of natural daylight through the window. These techniques can improve the color and spectrum of the incoming daylight into the room and the comfort, visual perception, mood and wellbeing of the occupant. Some techniques can change the CCT (correlated color temperature) and CRI (color rendering index) of the light in a room to have incoming light-color closer to natural light.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McNeil et al. (US20200301234A1) teaches a controller for a window that includes an electrochromic panel to adjust tint in McNeil [0096] "The automated control module 224 may transmit tint instructions (e.g., via broker module 222) to a corresponding gateway 106 and the gateway 106 is to instruct the corresponding driver 104 to change the tint level of a corresponding electrochromic device 130 based on the instructions."; McNeil teaches that the control module may adjust the tint based on sensor data in McNeil [0095] "In some embodiments, the automated control module 224 may generate one or more of an obstruction map, allowable sunlight map, reflection map, illuminance value, or the like. For each electrochromic device, the automated control module 224 may determine, based on a corresponding obstruction map, a corresponding sun map, corresponding propagation information (e.g., allowable sunlight map), corresponding reflection map, corresponding illuminance value, and/or sensor data, a tint level (e.g., tinted or untinted, etc.) of a corresponding electrochromic device. For example, responsive to determining direct sunlight will not enter any portion of a room where sunlight is not allowed (e.g., on occupants, desks, monitors, etc.), the automated control module 224 may determine the corresponding electrochromic device is to be untinted. Responsive to determining direct sunlight will enter a portion of a room where sunlight is not allowed, the automated control module 224 may determine the corresponding electrochromic device is to be tinted."; McNeil teaches exterior sensors to detect irradiance in McNeil [0091] "The exterior sensors 216 may be disposed proximate sensor hub 126 (e.g., proximate the roof of the building, on the roof, proximate the edge of the roof, etc.). The exterior sensors 216 may include one or more of light sensors on the sides of buildings, temperature and/or humidity sensors, sensors (or cameras) to collect photographic data of cloud cover (or irradiance), irradiance sensor, rooftop pyranometer sensor (e.g., measure total global irradiance, measure diffuse horizontal irradiance (shadowed light, diffuse horizontal irradiance (DHI)), calculate direct normal irradiance, include non-visible spectrum), etc."; McNeil teaches interior sensors that can detect interior light in McNeil [0091] "A sensor hub 126 may be coupled to one or more exterior sensors 216. The drivers 104, distributed EMS 102, tint selector 120, and interior sensors 206 may be disposed proximate the gateway 106 (e.g., within the building, within range of the wireless mesh network, etc.). The interior sensors 206 may include one or more of interior light sensors, a sensor on a window to collect EC window 130 transmittance data, sensors to collect photographic data from interior of building, occupancy sensors, etc."
Romig et al. (US20080048101A1) teaches a method for controlling windows with variable light transmission that maintains light intensity at a selected level in Romig [0042] "In another alternate embodiment, the user inputs from the user input device 104 (block 204) may be eliminated. In this embodiment, the sensor assembly 102 measures interior light intensity measurements, and the control system 108 automatically maintains the transmission levels of the one or more window portions of the window assembly 110 at suitable transmission levels unless the desired transmission level renders the interior light intensity measurements below a predetermined (or minimum desired) threshold. When the desired transmission level results in the light intensity measurements being below the certain threshold, the control system 108 adjusts (e.g., increases) the transmission level of one or more window portions of the window assembly 110 to any level that results in the light intensity measurements being at or above the certain threshold. The control system 108 may periodically or continuously evaluate the light intensity measurements provided by the sensor assembly 102, and may periodically or continuously adjust the transmission level of the window assembly 110 when the light intensity measurements fall below the certain threshold."; Romig teaches that the control system may include humidity and temperature control as well in Romig [0050] “For example, FIG. 7 is a schematic view of a dimmable window system 400 in accordance with yet another embodiment of the invention. In this embodiment, the dimmable window system 400 includes a sensor assembly 402 adapted to receive one or more measured inputs within the cockpit portion 52, including, for example, a light measurement, and ambient temperature measurement, and a humidity measurement. A control system 408 is operatively coupled to the sensor assembly 402, to a window assembly 412 that includes at least one dimmable window portion (e.g., one or more dimmable portions of the front and side windows 54, 56), and to an environmental control system (ECS) 409. In this embodiment, the environmental control system 409 may include a temperature control system 410 and a humidity control system 411. The temperature and humidity control systems 410, 411 may be independently controllable. As her shown in FIG. 7, the dimmable window system 400 may further include a user input assembly 404 and a power source 406 coupled to the control system 408."
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zachary A Cain whose telephone number is (571)272-4503. The examiner can normally be reached Mon-Fri 7:00-3:30 CST.
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/Z.A.C./ Examiner, Art Unit 2116 /KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116