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 .
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.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “individual service area” in claim 1 and “operation determination module” in claim 10.
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.
“individual service area” - spec. pg. 18 - servers with one or more processors running application service.
“operation determination module” - drawings. Fig. 3 processor and software on apparatus 12.
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 § 102
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.
Claims 1-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SU et al. US 2017/0350611 A1.
SU teaches:
[Claim 1] An information processing system for a home appliance, comprising:
at least one home appliance; [Fig. 1 20 - air purifier]
a terminal configured to process information of the at least one home appliance; [para. 0013 and 0019, “user interface”]
an individual service area configured to provide an individual service; [para. 0012, “official website”] and
an information processing apparatus [control system 30, 31, 32] connected to the terminal and the at least one home appliance through a network [para. 0012, “Communication between the controller and at least one of the ventilating means and the air purifier may take place in a wireless fashion.”] and
configured to provide an application service using the individual service, wherein the information processing apparatus is configured to:
receive basic information of a user using the at least one home appliance; [para. 0048, “In the shown example, the control system 30 comprises a controller 31 and a data collector 32 which may be a sensor which can provide real-time indoor air quality data and/or software which can download daily outdoor air quality data from an official website.”]
confirm that an indoor environment is environmental information requiring air purification from the basic information by using the individual service; [para. 0054, “According to a second option, the arrangement 1 for air management of the room 100 is a big data assisted arrangement. Information about the outdoor air quality can be obtained from an official website by a suitable data collector at any position where the Internet is accessible.”]
confirm a first state of a first home appliance of the at least one home appliance; [Fig. 2 air purifier “off”]
maintain the first home appliance in the first state in response to the environmental information, [Fig. 2 air purifier remains off with YES branch if outdoor air quality is better than indoor air quality]
change a state of a second home appliance [bidirectional fan ON: Supply] of the at least one home appliance in response to the environmental information [Fig. 2 data retrieved from website server for outdoor air quality], or transmit a message to the user in response to the environmental information.
SU teaches:
[Claim 2] The information processing system according to claim 1, wherein the basic information comprises at least one of a user's behavior, a user's voice, or detection information of an air quality sensor. [para. 0048-0053 indoor air quality data received from sensor and outdoor quality from server]
SU teaches:
[Claim 3] The information processing system according to claim 1, wherein the first home appliance is an air purifier [air purifier 20], the first state is a state in which the air purifier is operating or stopped [Fig. 2 air purifier off or on], and the second home appliance is a ventilation device [Bidirectional Fan, ventilator 10].
SU teaches:
[Claim 4] The information processing system according to claim 3, wherein changing of a state of the ventilation device comprises changing the ventilation device to operate. [Fig. 2 “Bidirectional fan ON”]
SU teaches:
[Claim 5] The information processing system according to claim 1, wherein, after the state of the second home appliance is changed, the state of the first home appliance is stopped. [Fig. 2 ventilator OFF and air purifier ON]
SU teaches:
[Claim 6] The information processing system according to claim 5, wherein the first home appliance is an air purifier [air purifier 20], and the second home appliance is a ventilation device [ventilator 10].
SU teaches:
[Claim 7] The information processing system according to claim 6, wherein the ventilation device is changed in state to operate [Fig. 2 FAN ON and air purifier OFF], and the air purifier is stopped, or the message is a message to start ventilation [Fig. 2 commands to Bidirectional Fan (ventilator) “ON”].
SU teaches:
[Claim 8] The information processing system according to claim 1, wherein the first state is an operation stop state of the air purifier [Fig. 2 air purifier OFF when indoor quality is “good enough”], the user's basic information [Fig. 2 indoor sensor indicates indoor air quality is not good enough, “NO”] is an operation start signal of the air purifier [Fig. 2 turns on air purifier if outdoor air quality is not better than indoor from data on internet server], the first home appliance is the air purifier [air purifier 20], and the second home appliance is a ventilation device [ventilator 10].
SU teaches:
[Claim 9] The information processing system according to claim 7, wherein the message is a message to stop the ventilation. [Fig. 2 “Bidirectional Fan OFF”]
SU teaches:
[Claim 10] An information processing apparatus for a home appliance, comprising:
an I/O module [controller 31] configured to communicate with at least one external home appliance; [para. 0048, “The controller 31 and the data collector 32 may be integrated into the ventilator 10 as shown in FIG. 1, but another positioning of the controller 31 and the data collector 32 is also possible, including a positioning on the air purifier 20.”]
a memory configured to store outdoor environment information; [para. 0048, controller and data collector receive outdoor air quality from website] and
an operation determination module configured to:
compare indoor environment information, in which a user using the at least one home appliance resides, with the outdoor environment information to confirm that air purification is necessary, [Fig. 2 outdoor air quality compared to indoor air quality]
maintain the first home appliance in a first state that is a current state, and change a state of a second home appliance or transmit a message for air purification to the user. [Fig. 2 air purifier remains off and ventilator turned on]
SU teaches:
[Claim 11] The information processing apparatus according to claim 10, wherein, after the state of the second home appliance is changed, the state of the first home appliance is changed from first state to a second state. [Fig. 2 air purifier turned ON]
SU teaches:
[Claim 12] An information processing method for a home appliance, comprising:
receiving user's basic information; [Fig. 2 indoor air quality sensor data]
allowing an information processing apparatus to identify air purification information from the basic information using an individual service in an individual service area; [Fig. 2 outdoor sensor data/ data from internet]
comparing indoor environmental information with outdoor environmental information; [Fig. 2 “If outdour[sic] air quality is better than indoor air quality”] and
perform a first process of operating a ventilation device in a ventilation state after maintaining a state of an air purifier to purify air [Fig. 3 both air purifier and ventilator ON “when outdoor air quality is bad and indoor CO2 level is high] or
a second process of operating the air purifier in a state in which the ventilation device is stopped to purify the air. [Fig. 3 air purifier ON, fan OFF]
[Claim 13] The information processing method according to claim 12, wherein the basic information is a user's action at a predetermined time.
SU teaches:
[Claim 14] The information processing method according to claim 12, wherein, when the ventilation device operates in the ventilation state, the air purifier is stopped. [Fig. 2 air purifier off ventilator ON]
SU teaches:
[Claim 15] The information processing method according to claim 12, wherein, after performing the ventilation through the ventilation device, the ventilation device is changed to the stop state, and the air cleaner operates. [Fig. 2 air purifier ON, ventilator OFF]
SU teaches:
[Claim 16] The information processing method according to claim 12, wherein the indoor environment information and the outdoor environment information contain a concentration of carbon dioxide. [Fig. 3 CO2 levels compared between indoor and outdoor]
SU teaches:
[Claim 18] The information processing method according to claim 12, wherein the first process or the second process is performed without being notified to the user. [Figs 2 and 3 operate without user notifications]
SU teaches:
[Claim 19] An information processing method for a home appliance, comprising:
receiving user's basic information; [Figs 2 and 3 sensor data from indoor quality sensor ]
allowing an information processing apparatus to identify air purification information from the basic information using an individual service in an individual service area; [Figs. 2 and 3 outdoor air quality received from data from internet via website (server)] and
operating a ventilation device in a ventilation state after maintaining a state of an air purifier to purify air [Fig. 2 outdoor quality better than indoor, air purifier remains off, ventilator ON] or transmitting a message to the user.
SU teaches:
[Claim 20] The information processing method according to claim 19, wherein, when the ventilation device is in the ventilation state, the air purifier is stopped,[Fig. 2] and after the ventilation device operates in the ventilation state for a predetermined time, the air purifier operates again. [para. 0019, “According to an alternative, the control system may be adapted to run a time counter program for controlling the duration of the operation of the ventilating means and the air purifier, respectively.”]
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over SU et al. US 2017/0350611 A1 in view of Rivera US 2022/0325910 A1.
SU does not teach the following limitation, however, Rivera teaches:
[Claim 17] The information processing method according to claim 12, wherein the individual service operates by an AI server. [para. 0099, “The exemplary disclosed system may for example include cloud computing clusters performing predictive analysis. For example, the exemplary neural network may include a plurality of input nodes that may be interconnected and/or networked with a plurality of additional and/or other processing nodes to determine a predicted result. Exemplary artificial intelligence processes may include filtering and processing datasets, processing to simplify datasets by statistically eliminating irrelevant, invariant or superfluous variables or creating new variables which are an amalgamation of a set of underlying variables, and/or processing for splitting datasets into train, test and validate datasets using at least a stratified sampling technique.”]
It would have been obvious to a person having ordinary skill in the art before the time of filing to combine the teachings of Rivera with those of SU. A person having ordinary skill in the art would have been motivated to combine the teachings because Rivera teaches that machine learning/AI can be performed in the “cloud” (servers) to create prediction algorithms. (See para. 0099).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY COLLINS whose telephone number is (571)270-0473. The examiner can normally be reached Monday - Friday 1-930PM EST.
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/GARY COLLINS/Primary Examiner, Art Unit 2115
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