DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 6, 15, and 19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 9, and 12 of U.S. Patent No. 11,686,988 in view of US 8,836,263.
Current application: 18/759,593
U.S. Patent 11,686,988 in view of Berman et al. US 2013/0057937
1. A method comprising: receiving a three-dimensional (3D) model of environment relative to a first electrochromic device, wherein the 3D model comprises one or more objects and the first electrochromic device; determining, based on the 3D model, a plurality of reflections, wherein each of the plurality of reflections is from a corresponding surface of the one or more objects to the first electrochromic device for a corresponding sun position; generating a reflection map based on the plurality of reflections; determining a current sun position; determining, based on the reflection map and the current sun position, a first desired tinting state of the first electrochromic device; and causing a current tinting state of the first electrochromic device to correspond to the first desired tinting state.
6. The method of claim 1 further comprising: receiving an obstruction map that indicates at least one of an obstructed portion or an unobstructed portion of the first electrochromic device; determining, based on the obstruction map, a second desired tinting state of the first electrochromic device; determining a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing the current tinting state of the first electrochromic device to correspond to the higher tinting state.
1. A method comprising: receiving a first image captured from a first viewpoint of an electrochromic device associated with a room, wherein the first viewpoint faces exterior of the room; identifying at least one of: an obstructed portion of the first image corresponding to a first portion of the electrochromic device that is obstructed from receiving direct sunlight; or an unobstructed portion of the first image corresponding to a second portion of the electrochromic device that is unobstructed from receiving the direct sunlight; generating an obstruction map based on the at least one of the obstructed portion of the first image or the unobstructed portion of the first image; determining, based on the obstruction map, a first desired tinting state of the electrochromic device; and causing a current tinting state of the electrochromic device to correspond to the first desired tinting state.
7. The method of claim 1 further comprising: generating a reflection map based on a plurality of reflections, wherein each of the plurality of reflections is from a corresponding surface of one or more objects to the electrochromic device for a corresponding sun position; determining, based on the reflection map and current sun position, a second desired tinting state of the electrochromic device; determining a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing the current tinting state of the electrochromic device to correspond to the higher tinting state.
The instant claim expressly requires receiving a 3D model of environment relative to a first electrochromic device, wherein the 3D model comprises one or more objects and the first electrochromic device, and determining the plurality of reflections based on the 3D model.
Berman teaches a reflectance program for controlled glass/smart glass in which a three-dimensional computer model of adjacent building and topography is used to model and characterize light reflected by reflective surfaces onto different parts of an object building, and the system may adjust one or more variable characteristics of a glass that is in reflected light (see para 0075). Berman further teaches that in the reflectance program, reflective objects may be defined by the computer as individual objects in a three-dimensional model, and each reflective object may have multiple reflective surfaces (see para 0076), and that a three-dimensional computer model of the building is constructed, a virtual camera is placed at the location on the building model where reflectance is to be assessed, and a three-dimensional computer model of surrounding objects, such as other buildings and bodies of what is constructed (see para 0131), and plotting reflection surfaces and the sun position to determine whether reflected sunlight fall on the virtual camera/window location (see para 0132-0134).
Patent 988 does not expressly recite that the plurality of reflections is determined based on a 3D model of the environment relative to the electrochromic device. However, Berman teaches using a 3D computer model of a building and surrounding objects to determine whether reflected light from surrounding reflective surfaces reaches a controlled glass/window location (see para 0075, 0076, and 0131-0134). It would have been obvious to one of ordinary skill in the art before the effective filing date to use Berman’s 3D reflectance modeling technique to determine the plurality of reflections used to generate the reflection map of Patent 988, because doing so provides a known and predictable geometric modeling technique for identifying reflected sunlight/glare from surrounding objects at a controlled electrochromic glass/window location. Therefore, claim 6 is not patentably distinct from claim 7 of US patent No. 11,686,988 in view of Berman.
Regarding claim 19, claim 19 is rejected for reasons similar to claim 6. Claim 19 depends from claim 15 and recites substantially the same reflection map and obstruction map control features as claim 6, but in system form. Similarly claim 12 of US Patent No. 11,686,988 depends from claims 9 and recites substantially the same reflection map and obstruction map control features as claim 7, but in system form.
Patent claim 12 does not expressly recite that the plurality of reflections is determined based on a 3D model of the environment relative to the electrochromic device. However, as discussed above with respect to claim 6, Berman teaches using a 3D computer model of a building and surrounding objects to determine whether reflected light from surrounding reflective surfaces reaches a controlled glass/window location (see para 0075, 0076, and 0131-0134). It would have been obvious to one of ordinary skill in the art before the effective filing date to use Berman’s 3D reflectance modeling technique to determine the plurality of reflections used to generate the reflection map of Patent 988, because doing so provides a known and predictable geometric modeling technique for identifying reflected sunlight/glare from surrounding objects at a controlled electrochromic glass/window location. Therefore, claim 19 is not patentably distinct from claim 12 of US patent No. 11,686,988 in view of Berman.
Claims 1, 6, 8 and 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 9 and 15 of U.S. Patent No. 12,061,405 in view of US 8,836,263.
Current application: 18/759,593
U.S. Patent 12,061,405 in view of Berman et al. US 2013/0057937
1. A method comprising: receiving a three-dimensional (3D) model of environment relative to a first electrochromic device, wherein the 3D model comprises one or more objects and the first electrochromic device; determining, based on the 3D model, a plurality of reflections, wherein each of the plurality of reflections is from a corresponding surface of the one or more objects to the first electrochromic device for a corresponding sun position; generating a reflection map based on the plurality of reflections; determining a current sun position; determining, based on the reflection map and the current sun position, a first desired tinting state of the first electrochromic device; and causing a current tinting state of the first electrochromic device to correspond to the first desired tinting state.
6. The method of claim 1 further comprising: receiving an obstruction map that indicates at least one of an obstructed portion or an unobstructed portion of the first electrochromic device; determining, based on the obstruction map, a second desired tinting state of the first electrochromic device; determining a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing the current tinting state of the first electrochromic device to correspond to the higher tinting state.
9. A method comprising: receiving, by a processing device, first dimensions of an electrochromic device and second dimensions of one or more obstructions of the electrochromic device; generating, by the processing device, an obstruction map based on the first dimensions and the second dimensions that indicates at least one of an obstructed portion or an unobstructed portion of the electrochromic device; determining, by the processing device, a first desired tinting state of the electrochromic device based on the obstruction map; and causing, by the processing device, a current tinting state of the electrochromic device to correspond to the first desired tinting state.
15. The method of claim 9 further comprising: generating, by the processing device, a reflection map based on a plurality of reflections, wherein each of the plurality of reflections is from a corresponding surface of one or more objects to the electrochromic device for a corresponding sun position; determining, by the processing device, a second desired tinting state of the electrochromic device based on the reflection map and current sun position; determining, by the processing device, a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing, by the processing device, the current tinting state of the electrochromic device to correspond to the higher tinting state.
The instant claim expressly requires receiving a 3D model of environment relative to a first electrochromic device, wherein the 3D model comprises one or more objects and the first electrochromic device, and determining the plurality of reflections based on the 3D model.
Patent 405 claim 15 recites generating a reflection map based on reflections from object surfaces to the electrochromic device for corresponding sun position, but does not expressly recite that the plurality of reflection s is determined based on a 3D model of the environment.
Berman teaches a reflectance program for controlled glass/smart glass in which a three-dimensional computer model of adjacent building and topography is used to model and characterize light reflected by reflective surfaces onto different parts of an object building, and the system may adjust one or more variable characteristics of a glass that is in reflected light (see para 0075). Berman further teaches that in the reflectance program, reflective objects may be defined by the computer as individual objects in a three-dimensional model, and each reflective object may have multiple reflective surfaces (see para 0076), and that a three-dimensional computer model of the building is constructed, a virtual camera is placed at the location on the building model where reflectance is to be assessed, and a three-dimensional computer model of surrounding objects, such as other buildings and bodies of what is constructed (see para 0131), and plotting reflection surfaces and the sun position to determine whether reflected sunlight fall on the virtual camera/window location (see para 0132-0134).
Patent 405 does not expressly recite that the plurality of reflections is determined based on a 3D model of the environment relative to the electrochromic device. However, Berman teaches using a 3D computer model of a building and surrounding objects to determine whether reflected light from surrounding reflective surfaces reaches a controlled glass/window location (see para 0075, 0076, and 0131-0134). It would have been obvious to one of ordinary skill in the art before the effective filing date to use Berman’s 3D reflectance modeling technique to determine the plurality of reflections used to generate the reflection map of Patent 45, because doing so provides a known and predictable geometric modeling technique for identifying reflected sunlight/glare from surrounding objects at a controlled electrochromic glass/window location. Therefore, claim 6 is not patentably distinct from claim 15 of US patent No. 12,061,405 in view of Berman.
Current application: 18/759,593
U.S. Patent 12,061,405 in view of Berman et al. US 2013/0057937
8. A non-transitory machine-readable storage medium storing instructions which when executed cause a processing device to perform operations comprising: receiving a three-dimensional (3D) model of environment relative to a first electrochromic device, wherein the 3D model comprises one or more objects and the first electrochromic device; determining, based on the 3D model, a plurality of reflections, wherein each of the plurality of reflections is from a corresponding surface of the one or more objects to the first electrochromic device for a corresponding sun position; generating a reflection map based on the plurality of reflections; determining a current sun position; determining, based on the reflection map and the current sun position, a first desired tinting state of the first electrochromic device; and causing a current tinting state of the first electrochromic device to correspond to the first desired tinting state.
13. The non-transitory machine-readable storage medium of claim 8, wherein the operations further comprise: receiving an obstruction map that indicates at least one of an obstructed portion or an unobstructed portion of the first electrochromic device; determining, based on the obstruction map, a second desired tinting state of the first electrochromic device; determining a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing the current tinting state of the first electrochromic device to correspond to the higher tinting state.
1. A non-transitory machine-readable storage medium storing instructions which when executed cause a processing device to perform operations comprising: receiving first dimensions of an electrochromic device and second dimensions of one or more obstructions of the electrochromic device; generating, based on the first dimensions and the second dimensions, an obstruction map that indicates at least one of an obstructed portion or an unobstructed portion of the electrochromic device; determining, based on the obstruction map, a first desired tinting state of the electrochromic device; and causing a current tinting state of the electrochromic device to correspond to the first desired tinting state.
7. The non-transitory machine-readable storage medium of claim 1, wherein the operations further comprise: generating a reflection map based on a plurality of reflections, wherein each of the plurality of reflections is from a corresponding surface of one or more objects to the electrochromic device for a corresponding sun position; determining, based on the reflection map and current sun position, a second desired tinting state of the electrochromic device; determining a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing the current tinting state of the electrochromic device to correspond to the higher tinting state.
The instant claim expressly requires receiving a 3D model of environment relative to a first electrochromic device, wherein the 3D model comprises one or more objects and the first electrochromic device, and determining the plurality of reflections based on the 3D model.
Patent 405 claim 7 recites generating a reflection map based on reflections from object surfaces to the electrochromic device for corresponding sun position, but does not expressly recite that the plurality of reflection s is determined based on a 3D model of the environment.
Berman teaches a reflectance program for controlled glass/smart glass in which a three-dimensional computer model of adjacent building and topography is used to model and characterize light reflected by reflective surfaces onto different parts of an object building, and the system may adjust one or more variable characteristics of a glass that is in reflected light (see para 0075). Berman further teaches that in the reflectance program, reflective objects may be defined by the computer as individual objects in a three-dimensional model, and each reflective object may have multiple reflective surfaces (see para 0076), and that a three-dimensional computer model of the building is constructed, a virtual camera is placed at the location on the building model where reflectance is to be assessed, and a three-dimensional computer model of surrounding objects, such as other buildings and bodies of what is constructed (see para 0131), and plotting reflection surfaces and the sun position to determine whether reflected sunlight fall on the virtual camera/window location (see para 0132-0134).
Patent 405 does not expressly recite that the plurality of reflections is determined based on a 3D model of the environment relative to the electrochromic device. However, Berman teaches using a 3D computer model of a building and surrounding objects to determine whether reflected light from surrounding reflective surfaces reaches a controlled glass/window location (see para 0075, 0076, and 0131-0134). It would have been obvious to one of ordinary skill in the art before the effective filing date to use Berman’s 3D reflectance modeling technique to determine the plurality of reflections used to generate the reflection map of Patent 45, because doing so provides a known and predictable geometric modeling technique for identifying reflected sunlight/glare from surrounding objects at a controlled electrochromic glass/window location. Therefore, claim 13 is not patentably distinct from claim 7 of US patent No. 12,061,405 in view of Berman.
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.
Claim(s) 1, 2, 5, 6, 8, 12, 13, 15, 16, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berman et al. US 2013/0057937.
Regarding claim 1, Berman teaches a method (para 0007 and 0031: automated control of shades and or glass having variable characteristics) comprising:
receiving a three-dimensional (3D) model of environment relative to a first electrochromic device, wherein the 3D model comprises one or more objects and the first electrochromic device (see para 0131: discloses reflectance program determine whether reflected light falls on a particular location on a building, a three-dimensional computer model of the building is constructed, a virtual camera is placed at the location on the building model where reflectance is assessed);
determining based on the 3D model a plurality of reflections, wherein each of the plurality of reflections is from a corresponding surface of the one or more objects to the first electrochromic device for a corresponding sun position (para 0132: teaches plotting one or more reflecting surface in a hemispherical projection, storing information regarding the dimensions location, azimuth, and altitude of reflecting surface in a reflector table, and determining for a defined sun position in the sky),
generating a reflectance map based on the plurality of reflections (see para 0126: teaches reflectance model containing information regarding light reflected onto a building due to the environment, including reflective component of nearby structures, landscape, water, sand, snow, and para 0132: teaches using reflector table and hemispherical projection to plot reflecting surfaces and reflected sun position),
determining a current sun position (see para 0131-0132: plotting the position of the sun in the hemispherical projection and using a defined sun position in the sky),
determining, based on the reflection map and the current sun position a first desired tinting state of the first electrochromic device (see para 0157: “Adjusting a variable characteristic of the glass may be in response to the measured reflected light. A plurality of reflective surfaces may be modeled to create the reflectance model. Querying the reflectance model a first time may comprise calculating reflection information for each of the plurality of reflective surfaces”, see also para 0126-0128: teaches modifying one or more variable characteristics of glass, for example decreasing visible light transmission), and causing a current tinting state of the first electrochromic device to correspond to the first desired tinting state (see para 0128, teaches implementing the reflectance override and modifying one or more characteristics of the glass when one or more windows are in reflected light, see also para 0157).
Regarding claims 8 and 15: are rejected for the same reasons discussed above with respect to claim 1. Claim 8 merely recites the same operations in non-transitory machine-readable storage medium form, and claim 15 merely recites the same operation s in system form. Berman teaches implementing the disclosed reflectance-based glass-control operations using an automated shade control system, centralized controller, and glass controller; therefore, claims 8 and 15 are not patentable distinct from claim 1 for purposes of the prior art rejection.
Regarding claims 2, 9 and 16, Berman teaches the method of claim 1 further comprising, for each of the plurality of reflections: determining a corresponding position and a corresponding incidence angle of a corresponding reflection relative to the first electrochromic device; and determining a corresponding property of the corresponding surface causing the corresponding reflection, wherein the generating of the reflection map is further based on the corresponding position, the corresponding incidence angle, and the corresponding property of the corresponding surface for each of the plurality of reflections (see para 0132-0134: for the position/angle of reflected sun relative to the glass/window location, and para 0157: for calculating reflection information for each reflective surface).
Regarding claims 5 and 12, Berman teaches the method of claim 1, wherein the reflection map is stored in an equirectangular format (see para 0131: Berman teaches a virtual camera at the reflectance assessment location and constructs 180 degree hemispherical projection of visible surrounding object, and para 0132: then plots the sun position and reflected sun position in the projection.).
Regarding claim 6, 13 and 20, Berman teaches the method of claim 1 further comprising: receiving an obstruction map that indicates at least one of an obstructed portion or an unobstructed portion of the first electrochromic device; determining, based on the obstruction map, a second desired tinting state of the first electrochromic device; determining a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing the current tinting state of the first electrochromic device to correspond to the higher tinting state (see para 0124: shadow model contains information about shadowing from nearby structures, landscape features, and determines whether windows are in shadowed condition, para 0008: calculates shadow and communicates instruction to adjust glass responsive to the calculated value, and para 0126, 128: reflectance model determines reflectance conditions and modifies glass characteristics).
Regarding claim 7 and 14, Berman teaches the method of claim 1 further comprising: receiving an illuminance value for a location in a room based on daylight transmission via the first electrochromic device; determining, based on the illuminance value, a second desired tinting state of the first electrochromic device; determining a higher tinting state based on greater of the first desired tinting state or the second desired tinting state; and causing the current tinting state of the first electrochromic device to correspond to the higher tinting state (para 0112: teaches illuminance value/room location: sensor detects interior illuminance and compare it with window wall illuminance, and the ratio determines values for variable characteristics of window, and photosensor/radiometer input generates instructions to glass controller, and para 0118-0119: used shadow/reflectance/solar/lighting information and modifies visible light transmission depending on conditions).
Allowable Subject Matter
Claim 3, 4, 10, 11, 17, 18 would be allowable if rewritten to overcome the rejection(s) under double patent, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims., and 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.
Regarding claim 3, 10, 17, the method of claim 2, wherein the determining of the plurality of reflections comprises: casting, in the 3D model, a plurality of rays from the first electrochromic device to sample the environment, wherein each of the plurality of reflections corresponds to a respective ray of the plurality of rays reflecting off of the corresponding surface for the corresponding sun position, wherein the corresponding position and the corresponding incidence angle of each of the plurality of reflections are determined based on the respective ray.
Regarding claims 4, 11, 18, the method of claim 2 further comprising: identifying a pixel of the reflection map corresponding to the current sun position; and determining, based on a first channel of the pixel, whether a reflection occurs at the current sun position, wherein the corresponding position, the corresponding incidence angle, and the corresponding property respective to the current sun position are determined based on one or more channels of the pixel.
Conclusion
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/EPHREM Z MEBRAHTU/ Primary Examiner, Art Unit 2872
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