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 .
Response to Amendment
Applicant has submitted amendments to the claims.
Allowable Subject Matter
Claims 17-18 and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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(s) 1, 3-5, 6-7, 9-10, 19-20, 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan).
Regarding claim 1, Kaps teaches A sauna operational state control system comprising a controller comprising:
am I/O interface interfacing a heater a processor executing: [a state controller], the state controller configurable in a plurality of sauna operational states including standby and heating states (0037 “Method 600 may proceed to operation 604 during which one or more heating elements is activated based on the activation properties. Accordingly, the controller may activate one or more heating elements based on the previously generated activation properties. As similarly discussed above, activation may be for a designated period of time at a designated intensity. In this way, a particular amount of infrared radiation may be provided to the user in a manner that is specifically configured based on the user's need” 0036);
and a heater controller operably controlling the heater via the I/O interface (0040 “the input provided by the user initiates a therapeutic session, and causes the sauna to start. In some embodiments, the inputs may also identify one or more characteristics of the user. For example, one or more prompts may be provided to the user via a display included in the control panel. The prompts may ask the user for particular information, such as known skin conditions or other health concerns. Such responses may be stored in a memory as user data”);
and data storage, wherein the state controller is configured to: receive schedule data when in the standby state and store the schedule data in the data storage (0040 “the input provided by the user initiates a therapeutic session, and causes the sauna to start. In some embodiments, the inputs may also identify one or more characteristics of the user. For example, one or more prompts may be provided to the user via a display included in the control panel. The prompts may ask the user for particular information, such as known skin conditions or other health concerns. Such responses may be stored in a memory as user data” 0037 “operation 604 during which one or more heating elements is activated based on the activation properties. Accordingly, the controller may activate one or more heating elements based on the previously generated activation properties. As similarly discussed above, activation may be for a designated period of time at a designated intensity. In this way, a particular amount of infrared radiation may be provided to the user in a manner that is specifically configured based on the user's needs”);
calculate a session start time according to the schedule data (0044 “Method 700 may proceed to operation 708 during which one or more first heating elements is activated based on the activation properties. Accordingly, the controller may activate one or more heating elements based on the previously generated activation properties. As similarly discussed above, the activation properties may identify times and intensities of activation for each of the first heating elements. In various embodiments, the first heating elements may be those mounted at torso-level within the sauna, such as heating elements 110 and 112 discussed above.”);
and monitor time and, at the heating time period start time, enter the heating state wherein the heater controller operates the heater (0044 0045 0046) [to heat the sauna in advance of the session start time].
The cited prior art do not teach state controller, calculate a heating time period for heating a sauna in advance of the session start time so that a temperature setpoint is reached or nearly reached at the session start time, calculate a heating time period start time by offsetting the session start time by the heating time period , such that the heating time period start time precedes the session start time by the heating time period, and to heat the sauna in advance of the session start time
Drees teaches state controller (0097).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the heater controller teachings of Kaps with the state controller teachings of Drees since Drees teaches a means for controlling to a satisfied state (0111).
Fan teaches calculate a heating time period for heating a sauna in advance of the session start time so that a temperature setpoint is reached or nearly reached at the session start time; calculate a heating time period start time by offsetting the session start time by the heating time period, such that the heating time period start time precedes the session start time by the heating time period (0027 “the controller 159 might control the environmental system 110 to provide a general background environment for a building, such as maintaining spaces at 68 degrees during weekday working hours and at 62 degrees otherwise. It may further provide local or spot control of the environmental system to deviate from the general background environment based on the occurrence of specific conditions. For example, if a board meeting is scheduled for Tuesday afternoon and the board prefers a warmer environment, the board room may be pre-heated to 72 degrees in time for the board's arrival”)
and monitor time and, at the heating time period start time, enter the heating state wherein the heater controller operates the heater (taught above) to heat the sauna in advance of the session start time (0027).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps and the teachings of Drees with the teachings of Fan since Fan teaches a means for effective approach to controlling environmental systems (0005).
Regarding claim 3, the cited prior art teach The system as claimed in claim 1.
Kaps teaches wherein the processor further executes a sensor controller interfacing a thermometer and wherein the heater controller dynamically calculates the heating time period in accordance with temperature sensed by the thermometer (0026).
Regarding claim 5, the cited prior art teach The system as claimed in claim 1.
Drees teaches wherein the system further comprises an electronic device in operable communication with the controller via a data interface and wherein the controller receives the schedule data from the electronic device via the data interface (0073 0076).
Regarding claim 6, the cited prior art teach The system as claimed in claim 1.
Kaps teaches wherein the schedule data specifies a session duration (0004 0008).
Regarding claim 7, the cited prior art teach The system as claimed in claim 1.
Kaps teaches wherein the schedule data specifies lighting parameters including at least one of color, hue and intensity (0008).
Regarding claim 9, the cited prior art teach The system as claimed in claim 1.
Kaps teaches wherein the processor further executes a sensor controller operably interfacing a thermometer via the I/O interface and wherein the controller exits the heating state depending on a temperature reading measured by the thermometer (0073 0076 0026).
Regarding claim 10, the cited prior art teach The system as claimed in claim 9.
Drees teaches wherein the controller exits the heating state when the temperature reading is within a threshold of a temperature setpoint (0058-0059).
Regarding claim 19, the cited prior art teach The system as claimed in claim 1.
Drees teaches wherein the schedule data specifies a session duration and wherein the state controller reverts to the standby state after the duration (0076).
Regarding claim 20, the cited prior art teach The system as claimed in claim 1.
The cited prior art teach wherein the controller further executes an I/O controller interfacing a lighting controller, wherein the schedule data specifies (Drees 0076) lighting parameters including at least one of color, hue and intensity and wherein the I/O controller controls the lighting controller accordingly when in the in-session state (Kaps 0037 “Method 600 may proceed to operation 604 during which one or more heating elements is activated based on the activation properties. Accordingly, the controller may activate one or more heating elements based on the previously generated activation properties. As similarly discussed above, activation may be for a designated period of time at a designated intensity. In this way, a particular amount of infrared radiation may be provided to the user in a manner that is specifically configured based on the user's need” 0036).
Regarding claim 22, the cited prior art teach The system as claimed in claim 5.
Drees teaches wherein the state controller moves from the ready state to the in-session state after a commencement delay (0076 0087).
Regarding claim 23, the cited prior art teach The system as claimed in claim 22.
Drees teaches wherein the commencement delay is received from the electronic device (0076 0087).
Claim(s) 2, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan) in further view of Cao et al (US PUB. 20230104618 ).
Regarding claim 2, the cited prior art teach The system as claimed in claim 1.
The cited prior art do not teach wherein the data storage comprises configuration settings and wherein the heater controller calculates the heating time period according to the configuration settings.
Cao teaches wherein the data storage comprises configuration settings and wherein the heater controller calculates the heating time period according to the configuration settings (0034).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with the teachings of Cao since Cao teaches a means for improving safety with its power control teachings (0002).
Regarding claim 4, the cited prior art teach The system as claimed in claim 1.
Kaps teaches wherein the processor executes a sensor controller operably interfacing a thermometer via the I/O interface (0026).
The cited prior art do not teach and wherein the heater controller calculates the heating time period according to temperature measurements previously measured by the thermometer.
Cao teaches and wherein the heater controller calculates the heating time period according to temperature measurements previously measured by the thermometer (0034).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with the teachings of Cao since Cao teaches a means for improving safety with its power control teachings (0002).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan) in further view of O’Keeffe et al (US PUB. 20190358120, herein O’Keeffe).
Regarding claim 8, the cited prior art teach The system as claimed in claim 1.
The cited prior art do not teach wherein the schedule data specifies audio music parameters.
O’Keeffe wherein the schedule data specifies audio music parameters (0040).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with the teachings of O’Keeffe since O’Keeffe teaches a means for using audio signals to sooth the user (0041).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan) in further view of Vare et al (US PUB. 20240293284, herein Vare).
Regarding claim 11, the cited prior art teach The system as claimed in claim 5.
The cited prior art do not teach wherein the plurality of sauna operational states further includes a ready state and an in-session state and wherein the controller enters the ready state after the heating state and the in-session state after the ready state.
Vare teaches wherein the plurality of sauna operational states further includes a ready state and an in-session state and wherein the controller enters the ready state after the heating state and the in-session state after the ready state (0097 “The computer system may turn on a sauna heater once a door of the sauna sweat room is closed. Also, the computer system may send a notice to a user device, once the predefined conditions in the sauna sweat room are achieved or for example, 15, 10 or 5 minutes before reaching the predefined conditions. Furthermore, the ventilation unit may be started only when persons inside the sauna sweat room are detected. At the same time, temperature and CO.sub.2 levels are measured and depending on the results, the speed of the ventilator unit, the at least one first air inlet or the at least one second air inlet can be adjusted. For example, if the CO.sub.2 level does not exceed a selected 550 ppm, the at least one second air inlet does not open, however if the selected value is exceeded, the at least one second air inlet will collect the cool air until the sauna sweat room is ventilated, for example, until 450 ppm of CO.sub.2 level is reached. The computer system enables to provide a demand-based ventilation and does not waste energy on heating the sauna sweat room”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with the teachings of Vare since Vare teaches a means for preventing waste of energy on heating sauna (0097).
Regarding claim 12, the cited prior art teach The system as claimed in claim 11.
Vare teaches wherein the processor executes a communication controller which transmits a notification to the electronic device when entering the ready state (0097).
Claim(s) 13-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan) in further view of Barghelame (US PUB. 20140345041).
Regarding claim 13, the cited prior art teach The system as claimed in claim 12.
The cited prior art do not teach wherein the state controller moves from the ready state to the in-session state if receiving an acknowledgement from the electronic device.
Barghelame teaches wherein the state controller moves from the ready state to the in-session state if receiving an acknowledgement from the electronic device (0039 “Power supplied to the heating element 27 is constantly adjusted independent of other heaters, according to the signals and the data provided by the proximity, motion and remote temperature sensors, affected by signals received from all or at least one of the sensors. The emitter is constantly adjusting the heat emitted accordingly”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with the teachings of Barghelame since Barghelame teaches a means for “safety and more even heating capability, eliminating the need for constantly adjusting manually, or constantly moving and changing location to feel comfortable” (0039).
Regarding claim 14, the cited prior art teach The system as claimed in claim 12.
The cited prior art do not teach wherein the processor executes a sensor controller operably interfacing a proximity sensor and wherein the state controller moves from the ready state to the in-session state depending on readings from the proximity sensor.
Barghelame teaches wherein the processor executes a sensor controller operably interfacing a proximity sensor and wherein the state controller moves from the ready state to the in-session state depending on readings from the proximity sensor (0039).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with the teachings of Barghelame since Barghelame teaches a means for “safety and more even heating capability, eliminating the need for constantly adjusting manually, or constantly moving and changing location to feel comfortable” (0039).
Regarding claim 16, the cited prior art teach The system as claimed in claim 12.
The cited prior art do not teach wherein the processor executes a sensor controller operably interfacing a proximity sensor and wherein the state controller moves from the ready state to the in-session state depending on readings from the proximity sensor or if receiving an acknowledgement from the electronic device.
Barghelame teaches wherein the processor executes a sensor controller operably interfacing a proximity sensor and wherein the state controller moves from the ready state to the in-session state depending on readings from the proximity sensor or if receiving an acknowledgement from the electronic device (0039).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with the teachings of Barghelame since Barghelame teaches a means for “safety and more even heating capability, eliminating the need for constantly adjusting manually, or constantly moving and changing location to feel comfortable” (0039).
Claim(s)15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan) in further view of Barghelame (US PUB. 20140345041) in further view of Vare et al (US PUB. 20240293284, herein Vare).
Regarding claim 15, the cited prior art teach The system as claimed in claim 14.
The cited prior art do not teach wherein the proximity sensor comprises at least one of an infrared motion sensor, door switch and short-range broadcast sensor.
Vare teaches wherein the proximity sensor comprises at least one of an infrared motion sensor, door switch and short-range broadcast sensor (0075).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees, Fan and Barghelame. with the teachings of Vare since Vare teaches a means for preventing waste of energy on heating sauna (0097).
Claim(s) 21 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan) in further view of Geiwitz (US PUB. 20050090915).
Regarding claim 21, the cited prior art teach The system as claimed in claim 1.
The cited prior art do not teach wherein the controller further executes an I/O controller interfacing an audio controller, wherein the schedule data specifies audio music parameters and wherein the I/O controller controls the audio controller accordingly when in the in-session state.
Geiwitz teaches wherein the controller further executes an I/O controller interfacing an audio controller, wherein the schedule data specifies audio music parameters and wherein the I/O controller controls the audio controller accordingly when in the in-session state (0173).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with Geiwitz since it teaches allowing user programming of different tools of a building (0173 0014).
Regarding claim 25, the cited prior art teach The system as claimed in claim 1.
The cited prior art do not teach wherein the processor further executes an I/O controller which controls a lighting controller to indicate the operational state of the state controller.
Geiwitz teaches wherein the processor further executes an I/O controller which controls a lighting controller to indicate the operational state of the state controller (0092).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees and Fan with Geiwitz since it teaches allowing user programming of different tools of a building (0173 0014).
Claim(s) 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan) in further view of Yli-Kovero (US PUB. 20190238957, herein Yli).
Regarding claim 26, the cited prior art teach The system as claimed in claim 1.
The cited prior art do not teach wherein the state controller can further enter a paused state.
Yli teaches wherein the state controller can further enter a paused state (0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have modified the teachings of Kaps, Drees with Yli since it teaches “enhancing the monitoring of the sauna during its heating and use or to at least provide new technical alternative” (0007).
Regarding claim 27, the cited prior art teach The system as claimed in claim 26,.
Yli teaches wherein the state controller enters the paused state after the ready state (0056).
Regarding claim 28, the cited prior art teach The system as claimed in claim 26.
Yli teaches wherein the state controller can enter the paused state after an in-session state (0056).
Regarding claim 29, the cited prior art teach The system as claimed in claim 26.
Yli teaches wherein, in the paused state, the heater controller holds temperature lower than an in-session temperature setpoint (0056).
Response to Arguments
Applicant’s arguments, filed 07/16/2026, with respect to the rejection(s) of claim(s) 1-26 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kaps et al (US PUB. 20190167519, herein aps) in view of Drees (US PUB. 20180046164) in further view of Fan et al (US PUB. 20190187635, herein Fan).
Applicant argues on page 8-10 that the cited prior art does not teach the amendments to the claims.
Examiner agrees. However, as a result of further search and consideration, Fan was introduced. Fan teaches knowing scheduled times a room is going to be occupied, and prior to the arrival of the occupants, is able to pre-heat the room to the desired temperature in time (0027). Knowing when to start the pre-heating in order for the room to reach the desired temperature corresponds to broadest reasonable interpretation of the argued limitations.
Therefore, claim 1 and its dependent claims are rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMEEM SIDDIQUEE whose telephone number is (571)272-1627. The examiner can normally be reached M-F 8:00-4:00.
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/TAMEEM D SIDDIQUEE/
Primary Examiner
Art Unit 2116