DETAILED ACTION
This Office action responds to papers filed on 3 May 2024.
Claims 1-5 are pending and presented for examination.
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 .
Double Patenting
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11,243,007 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the previously patented claims include limitations which have been omitted from the instant claims. However, it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184. Hence, these differences in the claim language fail to patentably distinguish the instant claims from the patented claims. The patented claims are more narrowly recited when compared with those of the instant application. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Similarities between the two sets of claims are stated as follows:
US Patent Application No. 18/655,186
US Patent No. US 11,243,007 B2
1. An apparatus for controlling a user environment comprising:
at least one of a portable structure and enclosure having an inner volume defining a personal space for a user; and,
the personal space having an environment being adaptable to the user.
1. An apparatus for controlling a micro-environment for a single user, the apparatus comprising: - a floor-less portable structure, configured to be placed over an existing surface defining an enclosed personal space for a user,
the personal space having an environment being adaptable to and adjustable by the single user …
2. A system for controlling a user environment comprising:
a structure having an inner volume defining a personal space for the user and a first outer side, the inner volume including:
a user station disposed within the inner volume;
an at least one sensor coupled to a first control unit;
the first control unit further coupled to a first controller; the first controller coupled to at least one port,
the at least one port disposed between the inner volume and the first outer side, and further coupled to the first control unit; and,
a second controller, the second controller being coupled to the first control unit, whereby information sent from the second controller to the first control unit may affect a change in the first control unit and be delivered through the at least one port to the inner volume.
1. An apparatus for controlling a micro-environment for a single user, the apparatus comprising: a floor-less portable structure, configured to be placed over an existing surface selected from a group of surfaces comprising:
structure comprising a tent made of a fabric material and having an inner volume, wherein the fabric material is not tethered to the surface, the inner volume and the existing surface defining an enclosed personal space for a user, the personal space having an environment being adaptable to and adjustable by the single user and separate from the external environment outside of the enclosed personal space;
a user station disposed within and forming at least a portion of a boundary wall of the inner volume of the portable structure, wherein the portable structure …
one internal sensor within the portable structure …
an environmental control system for controlling the controlled user environment in the enclosed personal space …
a user operated manual control, separate from the environmental control system
3. A method for controlling a user environment comprising the steps of:
monitoring a controlled volume and generating first output signals representative of parameters defining the controlled volume;
monitoring an exterior volume and generating second output signals representative of parameters defining the external volume; and,
using the first and second output signals to determine whether desired environmental conditions of the controlled volume have been satisfied.
8. A method for controlling a portable user environment, the method comprising the steps of: …
- monitoring a controlled volume and generating first output signal representative of parameters defining the controlled volume, wherein at least one of the parameters is sound;
- monitoring an exterior volume and generating second output signal representative of parameters defining the external volume;
determining, using the first and second output signals, whether desired environmental conditions of the controlled volume have been satisfied; …
4. The method of claim 3, further comprising the step of adjusting at least one of the first and second output signals if the desired environmental conditions of the controlled volume have not been met.
8. A method for controlling a portable user environment, the method comprising the steps of: …adjusting at least one of the first and second output signals if the desired environmental conditions of the controlled volume have not been met …
5. The method of claim 3, further comprising the step of applying adaptive learning methodology to learn from the adjusting of the at least one of the first and second output signals.
8. A method for controlling a portable user environment, the method comprising the steps of: … adjusting an environmental control system for the controlled user environment in the enclosed personal space in response to determining whether desired environmental conditions have been satisfied
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.
Claim(s) 1, 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
US Patent Application Publication No. US 2011/0066465 A1 to Orfield.
The published invention of Orfield teaches of an intelligent environmental control and feedback system usable in an office building or other architectural setting; in doing so, the prior art teaches and/or fairly suggests the limitations of the instant invention as stated herewith.
Independent claim 1 is directed to an apparatus for controlling a user environment comprising:
• at least one of a portable structure and an enclosure having an inner volume defining a personal space for a user – (taught in paragraph [0028] by Orfield where the structure is defined as the workplace and the personal space is stated as an individual office or cubicle. Merriam Webster defines enclosure “as something that encloses”; additionally, enclose is defined as “to close in or surround”. In reference to the prior art of Orfield, a personal space is defined as an individual office or cubicle. A cubicle as is well known is a portable structure and an enclosure of space for an individual’s use); and,
• the personal space having an environment being adaptable to the user – (taught in paragraph [0025] of Orfield wherein the physical conditions of the private space are in accord with the preferences of the occupant).
Independent claim 3 is directed to a method for controlling a user environment comprising the steps of:
• monitoring a controlled volume and generating first output signals representative of parameters defining the controlled volume;
• monitoring an exterior volume and generating second output signals representative of parameters defining the external volume; and,
• using the first and second output signals to determine whether desired environmental conditions of the controlled volume have been satisfied.
In paragraphs [0041]-[0043], Orfield explains the monitoring method of controlling conditions of a space. The output signals as claimed is found to be commensurate with the “physical condition” used by the reference in paragraph [0041].
Claim 4, considered as being dependent upon independent claim 3, supplements the method as further comprising the step of adjusting at least one of the first and second output signals if the desired environmental conditions of the controlled volume have not been met. This aspect of the method of the instant invention is described and taught by Orfield in paragraph [0044].
As for claim 5, considered as being dependent upon independent claim 3, further comprises the step of applying adaptive learning methodology to learn from the adjusting of the at least one of the first and second output signals. The adaptive learning methodology is addressed by Orfield in paragraph [0012] where the data being surveyed and stored for further control of the environmental control device is described.
Claim Rejections - 35 USC § 103
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 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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. US 2011/0066465 A1 to Orfield in view of US Patent Application Publication No. US 2013/0243240 A1 to Marks et al..
Orfield teaches the invention as aforementioned.
Independent claim 2 claims a system for controlling a user environment comprising:
• a structure having an inner volume defining a personal space for the user and a first outer side (taught by Orfield in paragraph [0028] where the structure is defined as the workspace and the personal space is the cubicle or individual office), the inner volume including:
o a user station disposed within the inner volume – (although Orfield teaches of a structure and personal space, the prior art does not specifically teach of a user station within an inner space as claimed; however, the prior art of Marks et al. (herein after “Marks”) teaches of a desk or furniture being in every office or personal space in paragraph [0019];
o an at least one sensor coupled to a first control unit – (taught by Orfield in paragraph [0029] where the sensors are used to measure and detect physiological/behavioral parameters of the occupant and relay the information to the computer or control unit);
o the first control unit further coupled to a first controller – (the setup of the private space is shown in Fig. 1 and paragraphs [0031] and [0034] of Orfield);
o the first controller coupled to at least one port, the at least one port disposed between the inner volume and the first outer side, and further coupled to the first control unit – (as per the instant disclosure, in paragraph [0032] a port is equated to a vent; Orfield teaches of a heating/cooling unit which necessarily includes vents as is well known to be coupled with the controller for purposes of intake and output of air, as described in paragraph [0039]); and,
o a second controller, the second controller being coupled to the first control unit, whereby information sent from the second controller to the first control unit may affect a change in the first control unit and be delivered through the at least one port to the inner volume – (Orfield teaches the use of multiple environmental control devices which is commensurate with the first and second controllers of the claimed invention, where each of them are controlled by the main computer or controller in paragraphs [0031]-[0033]).
It would have been obvious to one or ordinary skill in the art to have included the use of a desk or any furniture piece as used by Marks within the personal space or cubicle of Orfield since it is well known that desks and other furniture items are present in office spaces or cubicles.
For the reasons stated above, the limitations of the instant invention are taught and/or fairly suggested by the prior arts of record; thereby, rendering the instant claims unpatentable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Publication No. US 2021/0262680 A1 Zhao
Relates to a system and method for controlling a personal environment in a habitable space to enhance user productivity, comfort and well-being
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sheela Rao whose telephone number is (571) 272- 3751. The examiner can normally be reached Monday - Wednesday from 7:00 am to 1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mohammad Ali, can be reached on (571) 272-4105. The fax number for the organization where this application or any proceeding papers has been assigned is (571) 273- 8300.
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/Sheela Rao/Examiner, Art Unit 2119 June 16, 2026
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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