CTNF 18/620,768 CTNF 83009 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 101 07-04-01 AIA 07-04 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a mental process directed to determining that a distance has changed, claims 1, 6, 7, 9, 11, 16-17, and 19, and the less than and greater than determinations for brightness adjustment, claims 2-5 and 12-15, MPEP 2106.04(a)(2). This judicial exception is not integrated into a practical application because the additional limitations comprising a display, sensor, and radar generally link the abstract idea to the field of thermostats, MPEP 2106.05(h); the measuring and receiving represent tangential data gathering, MPEP 2106.05(g); and the “adjusting, based on an ambient level, a display brightness” represents insignificant extra-solution activity because the adjustment represents a configuration change opposed to an actual, controlled adjustment of the display brightness, MPEP 2106.05(f) The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the processor and medium represent mere instructions to apply the abstract idea while the insignificant extra-solution activity is well understood, routine, and conventional, MPEP 2106.05(d). Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1,7-8, and 11 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Chung et al. (PG/PUB 20220390134) . Claim 1 . Chung teaches a smart thermostat (ABSTRACT) comprising: a display (0003,0062, claim 1) an ambient light sensor (0004, 0034, 0062) a radar sensor (0064) a processing system comprising one or more processors (0003, 0071) at least one computer-readable medium storing instructions which, when executed by the processing system (0071, 0131), cause the smart thermostat to perform operations comprising: measuring, using the ambient light sensor, an ambient light level of an environment surrounding the smart thermostat (0004 0024, 0034, 0064, 0067-68, 0085, 0095 e.g. see adjusting display brightness based on ambient lighting ) receive, from the radar sensor, radar data (0004, 0024-26, 0064, 0099-0100 e.g. see use of radar for occupant sensing and distance determination) determining, based on the radar data, that a distance between a person and the smart thermostat has changed from a first distance to a second distance (0099-0100, 0126 e.g., see adjusting brightness based on distance and ambient lighting) in response to determining that the distance between the person and the smart thermostat has changed from the first distance to the second distance, adjusting, based on the ambient light level, a display brightness of the display (0004, 0097 e.g., see adjusting brightness based on distance and ambient lighting) Claim 7 . The smart thermostat of claim 1, the operations further comprising: in response to determining that the distance between the person and the smart thermostat has changed from the first distance to the second distance, changing content that is displayed on the display from first content to second content that is different from the first content (Chung, 0095-96) Claim 8 . The smart thermostat of claim 7, wherein the first content includes an ambient temperature of the environment surrounding the smart thermostat and the second content includes the ambient temperature and a temperature set point of an air handling system in communication with the smart thermostat (0096) Claim 11 . Chung teaches a method for controlling a display of a smart thermostat, the method comprising: measuring, using an ambient light sensor of the smart thermostat, an ambient light level of an environment surrounding the smart thermostat; supra claim 1 receiving, from a radar sensor of the smart thermostat, radar data; supra claim 1 determining, based on the radar data, that a distance between a person and the smart thermostat has changed from a first distance to a second distance; supra claim 1and in response to determining that the distance between the person and the smart thermostat has changed from the first distance to the second distance, adjusting, based on the ambient light level, a display brightness of the display, supra claim 1 Claim 17 . The method of claim 11, further comprising: in response to determining that the distance between the person and the smart thermostat has changed from the first distance to the second distance, changing content that is displayed on the display from first content to second content that is different from the first content, supra claim 7 Claim 18 . The method of claim 17, wherein the first content includes an ambient temperature of the environment surrounding the smart thermostat and the second content includes the ambient temperature and a temperature set point of an air handling system in communication with the smart thermostat, supra claim 8 Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (PG/PUB 20220390134) in view over Chakravarthula et al. (PG/PUB 20130057573) in view over Kakapuri (PG/PUB 20170045936) . Claim 2 . The smart thermostat of claim 1 but does not expressly teach the light levels and distance thresholds for increasing brightness. Chakravarthula et al. teaches the ambient levels and Kakapuri teaches the distance limitations described below wherein the ambient light level is less than a predetermined threshold (0077 e.g. increase brightness when dark), wherein the first distance is greater than the second distance (Kakapuri, 0020), and wherein adjusting the display brightness comprises increasing a brightness level of the display (Chakravarthula et al., 0077, Kakapuri, 0020) One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Chakravarthula et al., namely increasing display brightness based on low ambient levels, to the teachings of Ching, namely adjusting display brightness based on distance and ambient lighting, would achieve an expected and predictable result via combining said elements using known methods. The combination does not expressly teach the distance limitations described above. Kakapuri teaches the distance limitations described above. One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Chung, as modified, namely adjusting display brightness based on distance and ambient lighting, to the teachings of Kakapuri, namely increasing display brightness when the first distance is greater than the second distance, would achieve an expected and predictable result via combining said elements using known methods. Claim 12 The applied prior art teaches the method of claim 11, wherein the ambient light level is less than a predetermined threshold, wherein the first distance is greater than the second distance, and wherein adjusting the display brightness comprises increasing a brightness level of the display, supra claim 2 07-21-aia AIA Claim (s) 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (PG/PUB 20220390134) in view over Nishio et al. (PG/PUB 20240296814) in view over ZUO (PG/PUB 20200227004) . Claim 3 . The smart thermostat of claim 1 but does not teach the ambient level and distance limitations described below. Nishio teaches the ambient limitations and ZUO teaches the distance limitations described below wherein the ambient light level is less than a predetermined threshold, wherein the first distance is less than the second distance, and wherein adjusting the display brightness comprises decreasing a brightness level of the display (Nishio, see decreasing display brightness when ambient light is below a threshold, Figure 4A, 0048, 0055, see ZUO, 0013) One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Nishio, namely decreasing display brightness based on low ambient levels, to the teachings of Chung, namely adjusting display brightness based on distance and ambient lighting, would achieve an expected and predictable result via combining said elements using known methods. One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Chung, as modified, to the teachings of ZUO, namely decreasing display brightness when the first distance is less than the second distance, would achieve an expected and predictable result via combining said elements using known methods. Claim 13 . The applied prior art teaches the method of claim 11, wherein the ambient light level is less than a predetermined threshold, wherein the first distance is less than the second distance, and wherein adjusting the display brightness comprises decreasing a brightness level of the display, supra claim 3 . 07-21-aia AIA Claim (s) 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (PG/PUB 20220390134) in view over Shiozaki (PG/PUB 20160195916) in view over Imana (PG/PUB 20160004345) Claim 4. The smart thermostat of claim 1 but does not expressly teach the light level and distance limitations described below. Shiozaki teaches the distance limitations and Nishio teaches the light level limitations described below wherein the ambient light level is greater than a predetermined threshold, wherein the first distance is greater than the second distance, and wherein adjusting the display brightness comprises decreasing a brightness level of the display (Shiozaki, 0012 e.g. see decreasing brightness/turned based greater distance, and see Imana for decreasing brightness when ambient lighting is above a threshold, claim 19) One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Shiozaki, namely decreasing display brightness based a first distance being greater than a second distance, to the teachings of Chung, would achieve an expected and predictable result via combining said elements using known methods. One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Chung, as modified, to the teachings of Imana, namely decreasing display brightness when ambient lighting exceeds a threshold, would achieve an expected and predictable result via combining said elements using known methods. Claim 14 . The applied prior art teaches the method of claim 11, wherein the ambient light level is greater than a predetermined threshold, wherein the first distance is greater than the second distance, and wherein adjusting the display brightness comprises decreasing a brightness level of the display, supra claim 4 . 07-21-aia AIA Claim s 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (PG/PUB 20220390134) in view over Nishio (PG/PUB 20240296814) . Claim 5 . The smart thermostat of claim 1 but does not expressly teach the lighting and distance limitations described below. Nishio teaches the lighting and distance limitations described below. wherein the ambient light level is greater than a predetermined threshold, wherein the first distance is less than the second distance, and wherein adjusting the display brightness comprises increasing a brightness level of the display (Nishio, see user proximity to display device as in sitting close as a first distance less than a second distance, 0051, and see increasing brightness when bright outside, 0053, One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Nishio, namely increasing display brightness based a first distance being less than a second distance, , would achieve an expected and predictable result via combining said elements using known methods Claim 15 . The applied prior art teaches the method of claim 11, wherein the ambient light level is greater than a predetermined threshold, wherein the first distance is less than the second distance, and wherein adjusting the display brightness comprises increasing a brightness level of the display, supra claim 5 . 07-21-aia AIA Claim s 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (PG/PUB 20220390134) in view over Bieg (PG/PUB 2017032201) . Claim 6 . The smart thermostat of claim 1 but does not expressly teach the head limitations described below. Bieg teaches the head limitations described below, the operations further comprising: prior to determining that the distance between the person and the smart thermostat has changed from the first distance to the second distance (Chung, 0099 -0100 e.g. see first determining speed for determining change in positions/directions) determining, based on the radar data, that at least one of a moving velocity of the person has changed from a first velocity to a second velocity and a head position of the person has changed from a first position to a second position (Chung, 0099-0100, see Bieg for determining a change in head velocity for determining direction of view) in response to determining that the moving velocity of the person has changed from the first velocity to the second velocity or that the head position of the person has changed from the first position to the second position, changing a mode of the display from a standby mode in which first content is displayed at a first brightness level to an active mode in which the first content or second content is displayed at a second brightness level that is greater than the first brightness level (Chung, 0097) One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Bieg, namely determining a change in head position of an occupant for determining direction of view, would achieve an expected and predictable result of not only determining occupant is approaching the thermostat but also the direction of view. Bieg is reasonably pertinent to a problem of identifying head position, ABSTRACT, summary of invention. Claim 16 . The applied prior art teaches the method of claim 11, further comprising: prior to determining that the distance between the person and the smart thermostat has changed from the first distance to the second distance: supra claim 6 determining, based on the radar data, that at least one of a moving velocity of the person has changed from a first velocity to a second velocity and a head position of the person has changed from a first position to a second position; supra claim 6 in response to determining that the moving velocity of the person has changed from the first velocity to the second velocity or that the head position of the person has changed from the first position to the second position, changing a mode of the display from a standby mode in which first content is displayed at a first brightness level to an active mode in which the first content or second content is displayed at a second brightness level that is greater than the first brightness level, supra claim 6 07-21-aia AIA Claim s 9-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (PG/PUB 20220390134) in view over Goyal (USPN9353965) in view over Nishio (PG/PUB 20240296814) . Claim 9 . The smart thermostat of claim 1 but does not expressly teach viewing angle and line to central axis limitations described below. Nishio teaches the viewing angle limitations and Goyal teaches the line to axis limitations descried below, operations further comprising: determining, based on the radar data, that a viewing angle at which the person is viewing the display has changed from a first viewing angle to a second viewing angle (Nishio 0043 e.g. see viewing angle changes for determining attentive or non-attentive states), wherein the viewing angle corresponds to an angle between a line extending from the person to a central axis of the display and a line that is parallel to a display plane of the display, the display plane being perpendicular to the central axis (Goyal, Figure 15-1520, 1520 e.g. see viewing angle corresponding to line extending to central axis of thermostat) in response to determining that the viewing angle at which the person is viewing the display has changed from the first viewing angle to the second viewing angle, adjusting a characteristic of content that is displayed on the display (Nishio, 0043-45 e.g. see adapting display based on attentive levels and see Goyal as adapting display based on occupant orientation) One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Nishio, namely determining a change in viewing angle for adjusting a display, to the teachings of Chung et al., adjusting a display on user approach, would achieve an expected and predictable result of not only determining occupant is approaching the thermostat but also the direction of view. Nishio is reasonably pertinent to a problem of identifying head position, ABSTRACT, summary of invention. The combination does not expressly teach the line to central axis described above but Goyal teaches the line to central axis angle above. One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Goyal, namely determining a line from an occupant to a central axis, to the teachings of Chung, as modified, namely determining a user viewing angle relative to a display central axis, would achieve an expected and predictable of determining a user angle of view relative to a line extending to central axis. Goyal is reasonably pertinent to a problem of providing frames of reference, ABSTRACT, summary of invention. Claim 10 . The smart thermostat of claim 9, wherein adjusting the characteristic of the content comprises changing at least one of a display brightness of the content, the content from first content to second content that is different from the first content, and a font feature of the content, Goyal, Col 38 lines 8-67, supra claim 1) Claim 19 . The applied prior art teaches the method of claim 11, further comprising: determining, based on the radar data, that a viewing angle at which the person is viewing the display has changed from a first viewing angle to a second viewing angle, wherein the viewing angle corresponds to an angle between a line extending from the person to a central axis of the display and a line that is parallel to a display plane of the display, the display plane being perpendicular to the central axis, supra claim 8 in response to determining that the viewing angle at which the person is viewing the display has changed from the first viewing angle to the second viewing angle, adjusting a characteristic of content that is displayed on the display, supra claim 9 Claim 20 . The method of claim 19, wherein adjusting the characteristic of the content comprises changing at least one of a display brightness of the content, the content from first content to second content that is different from the first content, and a font feature of the content, supra claim 10 Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 20220065480 20240296814 20250140178 20130021308 20190150249 20170127501 20170051932 20220326073 20240296814 20250237375 20200142471 20160293140 20230326427 20240161715 : 20210201848 20240296814 20200142471 20130021308 22020022700 -0077 20170229073 20160209072 9353965 20220065480 2170059197 9353965 6422595 20170032201 20240296814 20140092142 20230075654 20170075555 20090278032 20240312397 20230326427 20160140889 20240312397 7630006 20170229073 9353965 20230326427 Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRIN D DUNN whose telephone number is (571)270-1645. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DARRIN D DUNN/Patent Examiner, Art Unit 2117 Application/Control Number: 18/620,768 Page 2 Art Unit: 2117 Application/Control Number: 18/620,768 Page 3 Art Unit: 2117 Application/Control Number: 18/620,768 Page 4 Art Unit: 2117 Application/Control Number: 18/620,768 Page 5 Art Unit: 2117 Application/Control Number: 18/620,768 Page 6 Art Unit: 2117 Application/Control Number: 18/620,768 Page 7 Art Unit: 2117 Application/Control Number: 18/620,768 Page 8 Art Unit: 2117 Application/Control Number: 18/620,768 Page 9 Art Unit: 2117 Application/Control Number: 18/620,768 Page 10 Art Unit: 2117 Application/Control Number: 18/620,768 Page 11 Art Unit: 2117 Application/Control Number: 18/620,768 Page 12 Art Unit: 2117 Application/Control Number: 18/620,768 Page 13 Art Unit: 2117 Application/Control Number: 18/620,768 Page 14 Art Unit: 2117 Application/Control Number: 18/620,768 Page 15 Art Unit: 2117
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