CTNF 18/704,226 CTNF 93092 DETAILED ACTION 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. Claims 1-16 are pending. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 for Application No. JP2021-193497 filed on 11/29/2021. Information Disclosure Statement The references cited in the information disclosure statements (IDS) submitted on 06/26/2024 and 01/07/2026 have been considered by the examiner. Claim Objections The following claims are objected to for informalities, lack of antecedent support, or for redundancies. The Examiner recommends the following changes: Claim 13, line 2, replace “preset” with “present” Appropriate correction is respectfully requested. 07-30-03-h AIA CLAIM INTERPRETATION The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Referring to independent claims 1 and 14, these claims recite the claim limitation “a presence/non-presence predictor”. For purposes of examination, as described in paragraph [0052] and FIG. 6 of the published specification, each of the “presence/non-presence predictor” will be construed as a software that runs in a CPU. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. 07-34-01 Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 12 recites “when presence and non-presence of a human are mixed in the results of prediction, make a switch from the air-conditioning operation to the first power-saving operation”. It is unclear what Applicant means by “mixed in the result.” Examiner cannot find description of what Applicant means by “mixed in the result”. Appropriate clarification through claim amendment is respectfully requested. For purposes of examination, no patentable weight has been given to the limitation. Claim 13 is a dependent claim of claim 12. The claim 12 is rejected under 35 U.S.C. 112(b), and therefore, claim 13 is rejected under 35 U.S.C. 112(b). Claim 1 limitation “presence/non-presence predictor” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. In particular, the specification describes in paragraph [0052] and FIG. 6 that the CPU 34 includes a collector 34A, a transmitter 34B, a receiver 34C, a setting unit 34D, and a presence/non-presence predictor 34E. There is no disclosure of any particular structure, either explicitly or inherently, to perform the prediction. The use of the term “predictor” is not adequate structure for performing the prediction because it does not describe a particular structure for performing the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. 07-34-23 Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Claim 14 is rejected under 35 U.S.C. 112(b) for the same reason as claim 1 as discussed above. Claim 2-13 are dependent claims of claim 1. The claim 1 is rejected under 35 U.S.C. 112(b), and therefore, claims 2-13 are rejected under 35 U.S.C. 112(b). Claim 15-16 are dependent claims of claim 14. The claim 14 is rejected under 35 U.S.C. 112(b), and therefore, claims 15-16 are rejected under 35 U.S.C. 112(b). 07-30-01 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. 07-31-01 AIA Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed function of predicting. The specification does not demonstrate that applicant has made an invention that achieves the claimed function because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention . Claim 14 is rejected under 35 U.S.C. 112(a) for the same reason as claim 1 as discussed above. Claim 2-13 are dependent claims of claim 1. The claim 1 is rejected under 35 U.S.C. 112(a), and therefore, claims 2-13 are rejected under 35 U.S.C. 112(a). Claim 15-16 are dependent claims of claim 14. The claim 14 is rejected under 35 U.S.C. 112(a), and therefore, claims 15-16 are rejected under 35 U.S.C. 112(a) . Claim Rejections - 35 USC § 102 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1-2, 5, 7 and 14-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHATWIN et al. (US 2022/0049870 A1) (“Chatwin”) . Regarding independent claim 1, Chatwin teaches: An air conditioner comprising: (Chatwin: FIGS. 1 and 6) (Chatwin: [0001] “One or more embodiments of the invention are related to the fields of occupancy sensors and climate control systems. More particularly, but not by way of limitation, one or more embodiments of the invention enable a climate controller that determines occupancy status from barometric data.”) [The system that controls climate based on occupancy, as illustrated in FIGS. 1 and 6, reads on “[a]n air conditioner”.] a human detection sensor that detects whether a human is present in an air conditioning space; (Chatwin: [0008] “One or more embodiments described in the specification are related to a climate controller that determines occupancy status from barometric data. The controller may include or connect to a barometer that measures the air pressure of an indoor space, such as a hotel room. It may include a processor that receives air pressure data from the barometer, and that analyzes this data to determine the occupancy status of the space . This analysis may determine whether fluctuations in air pressure are indicative of one or more persons breathing in the space. The processor may transmit a control signal to a climate control system in or near the space based on the occupancy status determined from the air pressure data.”) (Chatwin: [0029] “In one or more embodiments, additional sensors in or near room 100 may collect data that are transmitted to processor 111 for analysis of room occupancy or other conditions. For example, a gas sensor 114 may analyze the content of the air in the room. This analysis may be used for occupancy detection, since exhaled human breath contains a few thousand volatile organic compounds (VOCs) that can be detected to determine that a person is present in the room, or to determine the number of people in the room based on the concentration of VOCs. The gas sensor 114 may also be used to monitor air quality and freshness, and to alert occupants or facility staff of unsafe or uncomfortable conditions. Sensors may also include wireless access points or wireless signal detectors 115, which may determine that mobile devices of a user (such as a laptop or phone) are present in the room, which may be correlated with occupancy. Other occupancy sensors such as motion sensors, light sensors, or door switches may also be present and may transmit data to processor 111 . Any devices in the room that accept user input, which indicates the presence of a person, may also transmit data to processor 111; these devices could include for example remote controls, a thermostat 102, or any other electronic device.”) [The baraometer or any one of other additional sensors to determine the occupancy status reads on “a human detection sensor”.] a presence/non-presence predictor that predicts whether a human will be present in the air conditioning space; a controller that, using results of detection by the human detection sensor and results of prediction by the presence/non-presence predictor, makes a switch from an air conditioning operation to a power-saving operation of which power consumption is smaller than that of the air conditioning operation. (Chatwin: [0030] “Once processor 111 (possibly in conjunction with remote processor or processors 121) has analyzed sensor data to determine occupancy, it may transmit climate control commands to a climate control system associated with the room. For example, the processor may directly control the PTAC 101 of the room, or it may control a thermostat 102 that may be linked to the PTAC or to other systems. If processor 111 determines that room 100 is unoccupied, it may for example shut off power or reduce power for room climate control systems to obtain energy savings when climate control is not needed.”) (Chatwin: [0038] “FIG. 6 shows illustrative climate control commands that may be generated based on a combination of occupancy status and expected occupancy status. As described above, data from a barometer 112, or from additional sensors such as a gas analyzer 114, a wireless signal detector 115, and user input devices such as thermostat 102, may be input into an analysis system 610 (which may execute on processors 111 or 121) that determines whether a room is unoccupied or occupied. In addition, a property management system 116 or other external system may provide information on whether one or more occupants are expected to be present during particular periods of time. For example, the property management system 116 may be a reservation system that projects time periods when the room may be reserved or rented. The property management system may be a front office system that records when guests check in and out, and the expected occupancy status of a room may be modified to “occupant expected” between a check in and check out. One or more embodiments may use any type of information to determine whether and during what time periods a room is expected to be potentially occupied, and may use any desired criteria to determine when occupancy is expected. For example, expected occupancy status may be determined based on reservation data, rental data, historical trends, models that predict usage of rooms , or any other factors. Expected occupancy status may be defined over any desired period of time; the “occupant expected” status may for example be interpreted as expectation of an occupant within a small time period (such as minutes) or a large time period (such as days or weeks). In one or more embodiments, expected occupancy may be a probabilistic measure of the likelihood that an occupant will occupy a room over or within some period of time . When the room is unoccupied, and no occupant is expected, commands 601 may put the climate control system into a low-power mode for energy savings . When the room is occupied but no occupant is expected, one or more embodiments may generate an alert 603 indicating that an unauthorized or unexpected person has entered the room. When the room is unoccupied but one or more occupants are expected, one or more embodiments may put the climate control system into a standby mode 602; in this mode the power consumption may be reduced, but only to a level where comfortable conditions can be restored quickly when someone enters the room. When the room is occupied and an occupant is expected, system may enable user climate control via command 604, for example by enabling a thermostat that can be set by a user (within limits defined by the facility). These actions are illustrative; one or more embodiments may generate any desired climate control commands based on any of the information from the sensors and from external systems like property management system 116.”) [The property management system or other external system that predicts and provides the expected occupancy status reads on “a presence/non-presence predictor”. The processor 111 or 121 or the analysis system 610, as illustrated in FIGS. 1 and 6, respectively, reads on “a controller”. Putting the climate control system into a low-power mode or shut off power mode when no occupant is expected and the room is unoccupied, as well as, putting the climate control system into a standby mode when occupant is expected but the room is unoccupied also reads on “using results of detection … and results of prediction … , make a switch from an air conditioning operation to a power-saving operation”.] Regarding claim 2, Chatwin teaches all the claimed features of claim 1. Chatwin further teaches: wherein the controller restarts the air-conditioning operation when the human detection sensor detects that a human is present during execution of the power-saving operation. (Chatwin: FIG. 6 and [0038] as discussed in claim 1) (Chatwin: [0040] “In one or more embodiments, an event such as event 722 when a room becomes occupied may trigger an automatic adjustment in the setpoint for the room temperature. For example, a property may define a desired “welcome” temperature that is set when a guest enters a room. This temperature may be for example a reasonably comfortable temperature that may be acceptable to most guests. In one or more embodiments, guests may be able to override this welcome temperature using manual control of a thermostat. The standby level 714 may be set such that the lag time to reach the welcome temperature level from the standby level is within a desired time limit. This standby level may vary by room, based for example on characteristics of the room and its HVAC system that affect how quickly temperature of the room responds to climate controls.”) [Going from the standby mode 602 to the enable user control mode 604 or automatic adjustment in the setpoint temperature when occupant is expected and the space becomes occupied, as illustrated in FIG. 6, reads on “restarts the air-conditioning operation when … a human is present”.] Regarding claim 5, Chatwin teaches all the claimed features of claims 1-2. Chatwin further teaches: wherein the controller refers to results of prediction by the presence/non-presence predictor from a time at which the human detection sensor detects that no human is present during execution of the air-conditioning operation and, when the results of the prediction indicate that no human is present, makes a switch from the air conditioning operation to the power-saving operation. (Chatwin: FIG. 6 and [0038] as discussed in claim 1) [Going from the enable user control 604 to the low-power mode 601, as illustrated in FIG. 6, reads on “the human detection sensor detect that no human is present … and, when the results of the prediction indicate that no human is present, makes a switch … to the power-saving operation”.] Regarding claim 7, Chatwin teaches all the claimed features of claim 1. Chatwin further teaches: wherein the power-saving operation includes a first power-saving operation of changing a set temperature in the air conditioning operation before the switch to the power-saving operation and of which power consumption is smaller than that of the air-conditioning operation before the switch to the power-saving operation; and a second power-saving operation of stopping the air-conditioning operation. (Chatwin: FIG. 6, [0030] and [0038] as discussed in claim 1) (Chatwin: [0039] “… At time 724, the guest leaves the room, and the setpoint is returned to the standby level 714.”) [The standby mode 602, as illustrated in FIG. 6, reads on “a first power-saving operation”. The low-power mode or shut off mode reads on “a second power-saving operation of stopping …”. Adjustment of the setpoint temperature reads on “changing a set temperature”.] Regarding independent claim 14, Chatwin teaches: An air conditioning system comprising an air conditioner including a human detection sensor that detects whether a human is present in an air conditioning space; (Chatwin: FIGS. 1 and 6) (Chatwin: [0001] “One or more embodiments of the invention are related to the fields of occupancy sensors and climate control systems. More particularly, but not by way of limitation, one or more embodiments of the invention enable a climate controller that determines occupancy status from barometric data.”) [The system that controls climate based on occupancy, as illustrated in FIGS. 1 and 6, reads on “[a]n air conditioning system”.] a server device that generates a plurality of presence/non-presence patterns that are generated using results of detection by the human detection sensor in the past and that represents a tendency of presence and non-presence of a user in the air conditioning space; and a communication adapter that makes communication between the air conditioner and the server device, wherein the air conditioning system comprises: a presence/non-presence predictor that selects a presence/non-presence pattern from the presence/non-presence patterns using results of detection by the human detection sensor and that predicts whether a human will be present in the air conditioning space using the selected presence/non-presence pattern; and a controller that makes a switch from an air conditioning operation to a power-saving operation of which power consumption is smaller than that of the air conditioning operation using results of detection by the human detection sensor and results of prediction by the presence/non-presence predictor. (Chatwin: [0028] “…For example, some or all processing of sensor data may be performed on a cloud-based server 121, with results or control commands sent back from the server 121 to a local processor 111 to be used for climate control of space 100.”) (Chatwin: [0030] “Once processor 111 (possibly in conjunction with remote processor or processors 121) has analyzed sensor data to determine occupancy, it may transmit climate control commands to a climate control system associated with the room. For example, the processor may directly control the PTAC 101 of the room, or it may control a thermostat 102 that may be linked to the PTAC or to other systems. If processor 111 determines that room 100 is unoccupied, it may for example shut off power or reduce power for room climate control systems to obtain energy savings when climate control is not needed.”) (Chatwin: [0038] “FIG. 6 shows illustrative climate control commands that may be generated based on a combination of occupancy status and expected occupancy status. As described above, data from a barometer 112, or from additional sensors such as a gas analyzer 114, a wireless signal detector 115, and user input devices such as thermostat 102, may be input into an analysis system 610 (which may execute on processors 111 or 121) that determines whether a room is unoccupied or occupied. In addition, a property management system 116 or other external system may provide information on whether one or more occupants are expected to be present during particular periods of time. For example, the property management system 116 may be a reservation system that projects time periods when the room may be reserved or rented. The property management system may be a front office system that records when guests check in and out, and the expected occupancy status of a room may be modified to “occupant expected” between a check in and check out. One or more embodiments may use any type of information to determine whether and during what time periods a room is expected to be potentially occupied, and may use any desired criteria to determine when occupancy is expected. For example, expected occupancy status may be determined based on reservation data, rental data, historical trends, models that predict usage of rooms , or any other factors. Expected occupancy status may be defined over any desired period of time; the “occupant expected” status may for example be interpreted as expectation of an occupant within a small time period (such as minutes) or a large time period (such as days or weeks). In one or more embodiments, expected occupancy may be a probabilistic measure of the likelihood that an occupant will occupy a room over or within some period of time . When the room is unoccupied, and no occupant is expected, commands 601 may put the climate control system into a low-power mode for energy savings . When the room is occupied but no occupant is expected, one or more embodiments may generate an alert 603 indicating that an unauthorized or unexpected person has entered the room. When the room is unoccupied but one or more occupants are expected, one or more embodiments may put the climate control system into a standby mode 602; in this mode the power consumption may be reduced, but only to a level where comfortable conditions can be restored quickly when someone enters the room. When the room is occupied and an occupant is expected, system may enable user climate control via command 604, for example by enabling a thermostat that can be set by a user (within limits defined by the facility). These actions are illustrative; one or more embodiments may generate any desired climate control commands based on any of the information from the sensors and from external systems like property management system 116.”) [The trends read on “pattern”. The property management system or other external system that predicts and provides the expected occupancy status reads on “a presence/non-presence predictor”. The processor 111 or 121 or the analysis system 610, as illustrated in FIGS. 1 and 6, respectively, reads on “a controller”. In addition the processor 111 or 121 or the analysis system 610 feature that communicates with the server 121 and the air conditioner 101 reads on “a communication adaptor”. Putting the climate control system into a low-power mode or shut off power mode when no occupant is expected and the room is unoccupied, as well as, putting the climate control system into a standby mode when occupant is expected but the room is unoccupied also reads on “make a switch from an air conditioning operation to a power-saving operation … using results of detection … and results of prediction …”.] Regarding claim 15, Chatwin teaches all the claimed features of claim 14. Chatwin further teaches: wherein the presence/non-presence predictor is in the server device, and the controller is in the air conditioner. (Chatwin: [0028] and [0038] as discussed in claim 14) [When the analysis system 610 is executed on the server 121.] Regarding claim 16, Chatwin teaches all the claimed features of claim 14. Chatwin further teaches: wherein the presence/non-presence predictor is in the communication adapter, and the controller is in the air conditioner. (Chatwin: [0028] and [0038] as discussed in claim 14) [When the analysis system 610 is executed on the processor 111.] Claim Rejections - 35 USC § 103 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 3-4, 6 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chatwin, in view of Rosen (US 2010/0019051 A1) (“Rosen”) . Regarding claim 3, Chatwin teaches all the claimed features of claims 1-2. Chatwin does not expressly teach the recitations of claim 3. Rosen teaches: wherein the controller refers to results of prediction by the presence/non-presence predictor from a time at which the human detection sensor detects that no human is present during execution of the air-conditioning operation and, when the results of the prediction indicate that a human is present, keeps the air conditioning operation. (Rosen: [0027] “Determination of occupancy based upon "activity" detection in a conditioned space can rely upon simple algorithms for determining "occupancy" utilizing simple hysteresis periods as described above, but more refined methods may improve the results and also may provide for opportunity to improve the potential for energy saving, or for increased comfort. For example, a level of activity indication which may count the number of movements detected in some recent time period may provide a thermostat control program with information that would allow the temperature setpoint to be adjusted based upon the level of activity. Patterns of activity might also provide clues as to the type of activity or prediction as to the length of occupancy . Specific patterns of activity in a motel room might be exhibited by housecleaning personnel when compared to normal "guests" or maintenance personnel. For example, it might be expected that housecleaning personnel would have a high level of activity for some short period, then they would leave the room and there would be no activity, so a thermostat might more quickly turn off or reduce the requirements to the HVAC system as soon as it determines that housecleaning personnel have left the room.”) (Rosen: [0028] “At night, a different situation might be deemed likely. That is, a person may enter the room, move around for a short while, and then go to bed or sit in a chair and not trigger the activity indication at all, or infrequently, for some period of time. During this time the desired response of the thermostat control unit would be to recognize a pattern of activity that indicates a guest is in the room, and then to not turn off the HVAC just because no activity has been recently detected . This period of "safety" during which occupancy is "maintained" by the program, despite no or infrequent indication of activity would provide for better comfort than what would be achieved by changing the setpoint temperature too quickly because of no detected activity.”) Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Chatwin and Rosen before them, to modify the power-savings mode switching of an air conditioner based on varying combinations of both actual occupancy and expected occupancy, to incorporate a situation when occupancy is expected however the occupant is not detected. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would improve occupant’s comfort from erroneous adjustments to the air conditioner. (Rosen: [0004] In a motel room it is desirable to conserve energy while still providing for comfort throughout the day and night. If a heater or air-conditioner were erroneously turned off, it could possibly cause discomfort to a guest, especially at night when the temperature might become quite uncomfortable before the guest awakes enough to correct it. In a motel room, even just mild discomfort might be something that is quite undesirable to the business.”) Regarding claim 4, Chatwin teaches all the claimed features of claims 1-2. Chatwin does not expressly teach the recitations of claim 4. Rosen teaches: wherein the controller refers to results of prediction by the presence/non-presence predictor on a given time from a time at which the human detection sensor detects that no human is present during execution of the air conditioning operation and, when the results of detection indicate that the human is present, keeps the air conditioning operation. (Rosen: FIG. 2) (Rosen: [0011] “As an example of a situation in which an illustrated embodiment of the invention could achieve energy savings while still reducing the chance of erroneously determining a condition of nonoccupancy, the following scenario is described. A motel room is equipped with a thermostat that incorporates an occupancy sensor. In an attempt to be sure that guests are comfortable all night, it is decided to program the thermostat and provide a "safety period" so that the occupancy sensor is disabled from 6:00 p.m. until 6:00 a.m. each night, meaning that the occupancy sensor is ignored and the room is assumed by the control program to be occupied during that time period. This simplistic approach may waste considerable energy, especially if there is no one in the room at all during most of that "safety" period. To allow for a better possibility of energy savings, a further consideration may be provided in the programming. That is to allow for nonoccupancy to be an assumed condition at the start of the safety period, and then if any activity is detected after the start of the safety period to assume occupancy and "maintain" a condition of occupancy until the end of the safety period . This at least requires that the person be detected briefly before assuming occupancy and would save energy if the room were completely unoccupied . This approach however is also simplistic and likely to waste energy as for example when a person enters the room briefly during the safety period, and then departs for a significant amount of time before returning.”) (Rosen: [0012] “For example, a typical scenario of room usage in a motel might be where a guest enters the room at 6:15 p.m. which is during the exemplary "safety period," changes clothes and then goes out to dinner and a movie at 6:45 p.m. then returning to the room at midnight. If occupancy is assumed throughout that entire period, the room is needlessly heated or cooled from 6:45 p.m. until midnight. An improvement in the illustrated embodiment is to provide an alternative method for occupancy detection once the safety period begins. The method would provide for the thermostat control program to try to predict whether a person is in the room "for the night" or "just passing through". The illustrated embodiment incorporates an exemplary method for this altered occupancy detection during the safety period which samples for occupancy every half hour, and only if the room is occupied for three consecutive samples, is the condition of occupancy "extended" until the end of the safety period. Another possible algorithm is to extend occupancy only if the room is "continuously" occupied for a time period such as one hour. The precise values for the length of the time periods and the exact requirements for triggering the extension of the safety period could be varied as might be determined by one skilled in the art.”) Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Chatwin and Rosen before them, to modify the power-savings mode switching of an air conditioner based on varying combinations of both actual occupancy and expected occupancy, to incorporate a situation when occupancy is expected however the occupant is not detected until a certain time within the predetermined time. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would improve occupant’s comfort from erroneous adjustments to the air conditioner. (Rosen: [0004] In a motel room it is desirable to conserve energy while still providing for comfort throughout the day and night. If a heater or air-conditioner were erroneously turned off, it could possibly cause discomfort to a guest, especially at night when the temperature might become quite uncomfortable before the guest awakes enough to correct it. In a motel room, even just mild discomfort might be something that is quite undesirable to the business.”) Regarding claim 6, Chatwin teaches all the claimed features of claims 1-2. Chatwin does not expressly teach the recitations of claim 6. Rosen teaches: wherein the controller refers to results of prediction by the presence/non-presence predictor on a given time from a time at which the human detection sensor detects that no human is present during execution of the air conditioning operation and, when the results of detection indicate that no human is present, makes a switch from the air conditioning operation to the power-saving operation. (Rosen: FIG. 2) (Rosen: [0011] “As an example of a situation in which an illustrated embodiment of the invention could achieve energy savings while still reducing the chance of erroneously determining a condition of nonoccupancy, the following scenario is described. A motel room is equipped with a thermostat that incorporates an occupancy sensor. In an attempt to be sure that guests are comfortable all night, it is decided to program the thermostat and provide a "safety period" so that the occupancy sensor is disabled from 6:00 p.m. until 6:00 a.m. each night, meaning that the occupancy sensor is ignored and the room is assumed by the control program to be occupied during that time period. This simplistic approach may waste considerable energy, especially if there is no one in the room at all during most of that "safety" period. To allow for a better possibility of energy savings, a further consideration may be provided in the programming. That is to allow for nonoccupancy to be an assumed condition at the start of the safety period, and then if any activity is detected after the start of the safety period to assume occupancy and "maintain" a condition of occupancy until the end of the safety period. This at least requires that the person be detected briefly before assuming occupancy and would save energy if the room were completely unoccupied . This approach however is also simplistic and likely to waste energy as for example when a person enters the room briefly during the safety period, and then departs for a significant amount of time before returning.”) (Rosen: [0012] “For example, a typical scenario of room usage in a motel might be where a guest enters the room at 6:15 p.m. which is during the exemplary "safety period," changes clothes and then goes out to dinner and a movie at 6:45 p.m. then returning to the room at midnight. If occupancy is assumed throughout that entire period, the room is needlessly heated or cooled from 6:45 p.m. until midnight. An improvement in the illustrated embodiment is to provide an alternative method for occupancy detection once the safety period begins. The method would provide for the thermostat control program to try to predict whether a person is in the room "for the night" or "just passing through". The illustrated embodiment incorporates an exemplary method for this altered occupancy detection during the safety period which samples for occupancy every half hour, and only if the room is occupied for three consecutive samples , is the condition of occupancy "extended" until the end of the safety period. Another possible algorithm is to extend occupancy only if the room is "continuously" occupied for a time period such as one hour. The precise values for the length of the time periods and the exact requirements for triggering the extension of the safety period could be varied as might be determined by one skilled in the art.”) Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Chatwin and Rosen before them, to modify the power-savings mode switching of an air conditioner based on varying combinations of both actual occupancy and expected occupancy, to incorporate a situation when occupancy is expected however the occupant is not detected until the time within the predetermined time. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would improve conservation of energy while avoiding occupant’s discomfort from erroneous adjustments to the air conditioner. (Rosen: [0004] In a motel room it is desirable to conserve energy while still providing for comfort throughout the day and night. If a heater or air-conditioner were erroneously turned off, it could possibly cause discomfort to a guest, especially at night when the temperature might become quite uncomfortable before the guest awakes enough to correct it. In a motel room, even just mild discomfort might be something that is quite undesirable to the business.”) Regarding claim 8, Chatwin teaches all the claimed features of claims 1 and 7. Chatwin does not expressly teach the recitations of claim 8. Rosen teaches: wherein the controller is configured to make a switch from the air conditioning operation to any one of the first power-saving operation and the second power-saving operation based on a length of time in which no human is present that is obtained from the results of prediction by the presence/non-presence predictor. (Rosen: FIG. 2) (Rosen: [0013] “It is noted that occupancy sensors typically incorporate or utilize a motion detector, which might be an infrared motion detector. The motion detector provides an "instantaneous" signal of activity, that is, when a person moves, the motion detector is triggered, but when the person stops moving for a brief period, the motion detector may stop signaling motion. A simple condition of occupancy or "recent activity" in the room may require some "smoothing" of a signal from a motion detector such that "occupancy" is maintained for a defined period after any motion is detected. This can be considered a "hysteresis" in which any signal of "instantaneous" activity turns on a condition of occupancy for a period of time which is a hysteresis period. Any subsequent signal of activity restarts the hysteresis period such that nonoccupancy is not determined until activity has not been detected for a period of time greater than the "hysteresis" period. Other approaches for deciding on occupancy or nonoccupancy, such as averaging or integrating a signal of activity and providing for a decay period before switching to nonoccupancy might also be utilized by one skilled in the art.”) [The hysteresis during non-safety period when occupancy is not expected, as illustrated in FIG. 2, reads on “a length of time”.] Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Chatwin and Rosen before them, to modify the power-savings mode switching of an air conditioner based on varying combinations of both actual occupancy and expected occupancy, to incorporate a situation of waiting a period of time before putting the air conditioner into a power savings mode. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would improve occupant’s comfort from erroneous adjustments to the air conditioner. (Rosen: [0004] In a motel room it is desirable to conserve energy while still providing for comfort throughout the day and night. If a heater or air-conditioner were erroneously turned off, it could possibly cause discomfort to a guest, especially at night when the temperature might become quite uncomfortable before the guest awakes enough to correct it. In a motel room, even just mild discomfort might be something that is quite undesirable to the business.”) Regarding claim 9, Chatwin and Rosen teach all the claimed features of claims 1 and 7-8. Rosen further teaches: wherein the controller is configured to refer to results of prediction by the presence/non-presence predictor on a first given time from a time at which the human detection sensor detects that no human is present during execution of the air conditioning operation and, when the results of detection indicate that no human is present, make a switch from the air conditioning operation to the second power-saving operation. (Rosen: [0027] “Determination of occupancy based upon "activity" detection in a conditioned space can rely upon simple algorithms for determining "occupancy" utilizing simple hysteresis periods as described above, but more refined methods may improve the results and also may provide for opportunity to improve the potential for energy saving, or for increased comfort. For example, a level of activity indication which may count the number of movements detected in some recent time period may provide a thermostat control program with information that would allow the temperature setpoint to be adjusted based upon the level of activity. Patterns of activity might also provide clues as to the type of activity or prediction as to the length of occupancy. Specific patterns of activity in a motel room might be exhibited by housecleaning personnel when compared to normal "guests" or maintenance personnel. For example, it might be expected that housecleaning personnel would have a high level of activity for some short period, then they would leave the room and there would be no activity, so a thermostat might more quickly turn off or reduce the requirements to the HVAC system as soon as it determines that housecleaning personnel have left the room .”) The motivation to combine Chatwin and Rosen as described in claim 8 is incorporated herein. Regarding claim 10, Chatwin and Rosen teach all the claimed features of claims 1 and 7-9. Rosen further teaches: wherein the controller is configured to refer to results of prediction by the presence/non-presence predictor on the first given time during execution of the air conditioning operation and, when the results of detection indicate that a human is present, keep the air conditioning operation. (Rosen: FIG. 2) (Rosen: [0011] “As an example of a situation in which an illustrated embodiment of the invention could achieve energy savings while still reducing the chance of erroneously determining a condition of nonoccupancy, the following scenario is described. A motel room is equipped with a thermostat that incorporates an occupancy sensor. In an attempt to be sure that guests are comfortable all night, it is decided to program the thermostat and provide a "safety period" so that the occupancy sensor is disabled from 6:00 p.m. until 6:00 a.m. each night, meaning that the occupancy sensor is ignored and the room is assumed by the control program to be occupied during that time period. This simplistic approach may waste considerable energy, especially if there is no one in the room at all during most of that "safety" period. To allow for a better possibility of energy savings, a further consideration may be provided in the programming. That is to allow for nonoccupancy to be an assumed condition at the start of the safety period, and then if any activity is detected after the start of the safety period to assume occupancy and "maintain" a condition of occupancy until the end of the safety period . This at least requires that the person be detected briefly before assuming occupancy and would save energy if the room were completely unoccupied . This approach however is also simplistic and likely to waste energy as for example when a person enters the room briefly during the safety period, and then departs for a significant amount of time before returning.”) (Rosen: [0012] “For example, a typical scenario of room usage in a motel might be where a guest enters the room at 6:15 p.m. which is during the exemplary "safety period," changes clothes and then goes out to dinner and a movie at 6:45 p.m. then returning to the room at midnight. If occupancy is assumed throughout that entire period, the room is needlessly heated or cooled from 6:45 p.m. until midnight. An improvement in the illustrated embodiment is to provide an alternative method for occupancy detection once the safety period begins. The method would provide for the thermostat control program to try to predict whether a person is in the room "for the night" or "just passing through". The illustrated embodiment incorporates an exemplary method for this altered occupancy detection during the safety period which samples for occupancy every half hour, and only if the room is occupied for three consecutive samples, is the condition of occupancy "extended" until the end of the safety period. Another possible algorithm is to extend occupancy only if the room is "continuously" occupied for a time period such as one hour. The precise values for the length of the time periods and the exact requirements for triggering the extension of the safety period could be varied as might be determined by one skilled in the art.”) The motivation to combine Chatwin and Rosen as described in claim 8 is incorporated herein. Regarding claim 11, Chatwin and Rosen teach all the claimed features of claims 1 and 7-10. Rosen further teaches: wherein, when the human detection sensor keeps detecting that no human is present during a second given time from the time at which the human detection sensor detects that no human is present when the air conditioning operation is kept, the controller is configured to make a switch from the air conditioning operation to the second power-saving operation. (Rosen: FIG. 2) (Rosen: [0012] “For example, a typical scenario of room usage in a motel might be where a guest enters the room at 6:15 p.m. which is during the exemplary "safety period," changes clothes and then goes out to dinner and a movie at 6:45 p.m. then returning to the room at midnight. If occupancy is assumed throughout that entire period, the room is needlessly heated or cooled from 6:45 p.m. until midnight. An improvement in the illustrated embodiment is to provide an alternative method for occupancy detection once the safety period begins. The method would provide for the thermostat control program to try to predict whether a person is in the room "for the night" or "just passing through". The illustrated embodiment incorporates an exemplary method for this altered occupancy detection during the safety period which samples for occupancy every half hour, and only if the room is occupied for three consecutive samples, is the condition of occupancy "extended" until the end of the safety period. Another possible algorithm is to extend occupancy only if the room is "continuously" occupied for a time period such as one hour. The precise values for the length of the time periods and the exact requirements for triggering the extension of the safety period could be varied as might be determined by one skilled in the art.”) (Rosen: [0013] “It is noted that occupancy sensors typically incorporate or utilize a motion detector, which might be an infrared motion detector. The motion detector provides an "instantaneous" signal of activity, that is, when a person moves, the motion detector is triggered, but when the person stops moving for a brief period, the motion detector may stop signaling motion. A simple condition of occupancy or "recent activity" in the room may require some "smoothing" of a signal from a motion detector such that "occupancy" is maintained for a defined period after any motion is detected. This can be considered a "hysteresis" in which any signal of "instantaneous" activity turns on a condition of occupancy for a period of time which is a hysteresis period. Any subsequent signal of activity restarts the hysteresis period such that nonoccupancy is not determined until activity has not been detected for a period of time greater than the "hysteresis" period . Other approaches for deciding on occupancy or nonoccupancy, such as averaging or integrating a signal of activity and providing for a decay period before switching to nonoccupancy might also be utilized by one skilled in the art.”) The motivation to combine Chatwin and Rosen as described in claim 8 is incorporated herein. It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL W CHOI/Primary Examiner, Art Unit 2116 Application/Control Number: 18/704,226 Page 2 Art Unit: 2116 Application/Control Number: 18/704,226 Page 3 Art Unit: 2116 Application/Control Number: 18/704,226 Page 4 Art Unit: 2116 Application/Control Number: 18/704,226 Page 5 Art Unit: 2116 Application/Control Number: 18/704,226 Page 6 Art Unit: 2116 Application/Control Number: 18/704,226 Page 8 Art Unit: 2116 Application/Control Number: 18/704,226 Page 9 Art Unit: 2116 Application/Control Number: 18/704,226 Page 10 Art Unit: 2116 Application/Control Number: 18/704,226 Page 11 Art Unit: 2116 Application/Control Number: 18/704,226 Page 12 Art Unit: 2116 Application/Control Number: 18/704,226 Page 13 Art Unit: 2116 Application/Control Number: 18/704,226 Page 14 Art Unit: 2116 Application/Control Number: 18/704,226 Page 15 Art Unit: 2116 Application/Control Number: 18/704,226 Page 16 Art Unit: 2116 Application/Control Number: 18/704,226 Page 17 Art Unit: 2116 Application/Control Number: 18/704,226 Page 18 Art Unit: 2116 Application/Control Number: 18/704,226 Page 19 Art Unit: 2116 Application/Control Number: 18/704,226 Page 20 Art Unit: 2116 Application/Control Number: 18/704,226 Page 21 Art Unit: 2116 Application/Control Number: 18/704,226 Page 22 Art Unit: 2116 Application/Control Number: 18/704,226 Page 23 Art Unit: 2116 Application/Control Number: 18/704,226 Page 25 Art Unit: 2116 Application/Control Number: 18/704,226 Page 26 Art Unit: 2116 Application/Control Number: 18/704,226 Page 27 Art Unit: 2116 Application/Control Number: 18/704,226 Page 28 Art Unit: 2116
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