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 .
Continuation
The disclosure of application 14/998019, which the instant application claims the earlier filing date, has been considered. However, the instant claimed limitations such as "an infrared sensor in the housing to measure sky temperature" and "a second infrared sensor in the housing" as set forth in claims 1, 15 and 17 respectively was not supported in the earlier filed disclosure or drawings. Since claims 2-16 and 18-20 are dependent on claims 1 and 17, they no longer are entitled to the benefit of the earlier filing date as well. Claims 1-20 are not entitled to the benefit of the earlier filing date as set forth above.
The disclosure of application 15/287646, 16/696887 and 17/651013, which the instant application claims the earlier filing date, has been considered. The instant claimed limitations are supported in the earlier filed disclosure and drawings of 15/287646, 16/696887 and 17/651013. Accordingly, the instant invention is entitled to the benefit of the earlier filing date of the application 15287646, 16/696887 and 17/651013.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12092517. Although the claims at issue are not identical, they are not patentably distinct from each other because the inventive concept of including a plurality of first photosensors around a central axis with fields of view oriented radially outward overlapping each other, a light diffusing element disposed around the plurality of first photosensors an infrared sensor for sky temperature measurements with an axis parallel to the center axis, power interface and the first photosensors and infrared sensor are used to control a tint of electrochemical windows as described in the claims is taught both by the present application and US patent 12092517.
In regards to claim 1, 12092517 teaches a device (claim 1) comprising: a housing; a plurality of first photosensors positioned in the housing and having a central axis, wherein each of the plurality of first photosensors has an angle of view oriented radially outward from the central axis, the angle of view of each of the first photosensors overlapping the angle of view of each of two respective immediately adjacent first photosensors (claim 1, lines 1-9); at least one light-diffusing element disposed around and in the field of view of the plurality of first photosensors; at least one second photosensor positioned in the housing and having an angle of view that at least partially encompasses a direction substantially parallel with the central axis of the plurality of first photosensors (claim 1, lines 10-15); an infrared sensor in the housing and configured to measure sky temperature, wherein the infrared sensor has an axis of orientation that is substantially parallel with the central axis of the plurality of first photosensors and faces outward from a top portion of the device during operation to measure the sky temperature based on infrared radiation captured from outside the device (claim 1, lines 16-23); and a power interface configured to receive power from at least one power supply that is configured to power the first plurality of photosensors; wherein the device is configured to send sensor data from the plurality of first photosensors, the at least one second photosensor, the infrared sensor, or a combination thereof, said sensor data used by a controller to control a tint of one or more electrochromic windows (claim 1, lines 24-31, electrochromic windows are optical switchable device).
In regards to claims 2 and 5-16, 12092517 teaches these limitations in claims 2-20.
In regards to claim 17, 12092517 teaches a device (claim 1) comprising: a housing; a plurality of first photosensors positioned in the housing and having a central axis (claim 1, lines 1-9); at least one light-diffusing element disposed around and in the field of view of the plurality of first photosensors (claim 1, lines 10-15); an infrared sensor in the housing and configured to measure sky temperature, wherein the infrared sensor has an axis of orientation that is substantially parallel with the central axis of the plurality of first photosensors and faces outward from a top portion of the device during operation to measure the sky temperature based on infrared radiation captured from outside the device (claim 1, lines 16-23); and a power interface configured to receive power from at least one power supply that is configured to power the first plurality of photosensors; wherein the device is configured to send sensor data from the plurality of first photosensors, the infrared sensor, or a combination thereof, said sensor data used by a controller to control a tint of one or more electrochromic windows (claim 1, lines 24-31, electrochromic windows are optical switchable device).
In regards to claim 18, 12092517 teaches further comprising at least one second photosensor in the housing and having an angle of view that at least partially encompasses a direction substantially parallel with the central axis of the plurality of first photosensors (claim 1).
Claims 3, 4, 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12092517 in view of Mehtani et al. (US 20120062975).
In regards to claims 3 and 19, 12092517 teaches wherein the device is configured to send sensor data from the plurality of first photosensors, the infrared sensor, or a combination thereof, said sensor data used by a controller to control a tint of one or more electrochromic windows (claim 1, lines 24-31, electrochromic windows are optical switchable device, claims 5-12), but does not specifically teach wherein the controller is configured to receive the sensor data and control the one or more electrochromic windows based on the sensor data, the control of the one or more electrochromic windows comprising: generating and sending, to one or more downstream controllers, a tint command with respect to at least a portion of the one or more electrochromic windows; selecting a tint value for the at least the portion of the one or more electrochromic windows; causing a change in tint state of at least a portion of the one or more electrochromic windows; or a combination thereof. Mehtani teaches wherein the controller is configured to receive the sensor data and control the one or more electrochromic windows based on the sensor data, the control of the one or more electrochromic windows comprising: generating and sending, to one or more downstream controllers, a tint command with respect to at least a portion of the one or more electrochromic windows; selecting a tint value for the at least the portion of the one or more electrochromic windows; causing a change in tint state of at least a portion of the one or more electrochromic windows; or a combination thereof (paragraph 112-120). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to control the windows of 12092517 similar to Mehtani in order to ensure efficient communication between sensors and windows providing for desired shade based on the sensor data.
In regards to claims 4 and 20, 12092517 teaches wherein the device is configured to send sensor data from the plurality of first photosensors, the infrared sensor, or a combination thereof, said sensor data used by a controller to control a tint of one or more electrochromic windows and comprising wireless communication for communicating data (claim 1, lines 24-31, electrochromic windows are optical switchable device, claims 5-12), but does not specifically teach wherein the controller comprises a networked controller configured to perform data communication with one or more downstream controllers, the one or more downstream controllers each configured to perform data communication with the one or more electrochromic windows. Mehtani teaches wherein the controller comprises a networked controller configured to perform data communication with one or more downstream controllers, the one or more downstream controllers each configured to perform data communication with the one or more electrochromic windows (paragraphs 112-120). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to control the windows of 12092517 similar to Mehtani in order to ensure efficient communication between sensors and windows providing for desired shade based on the sensor data.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 10533892 in view of Albahri (US 20090027759) and Mehtani et al. (US 20120062975).
In regards to claim 1, 10533892 teaches a device (claims 1, 4 and 9-14) comprising: a housing; a plurality of first photosensors positioned in the housing and having a central axis, wherein each of the first photosensors has an angle of view oriented radially outward from the ring, the angle of view of each of the first photosensors overlapping the angle of view of each of two respective immediately adjacent first photosensors (claims 1 and 4); at least one light-diffusing element disposed around a periphery of the ring of first photosensors (claim 1); at least one second sensor positioned in the housing and having an angle of view that at least partially encompasses a direction substantially parallel with the central axis of the ring of first photosensors (claim 1); an infrared sensor in the housing and configured to measure sky temperature (claim 1); and a power interface for receiving power from at least one power supply that is configured to power the first photosensors (claim 1, 9 and 11), but does not specifically teach wherein the infrared sensor has an axis of orientation that is substantially parallel with the central axis of the ring of first photosensors and faces outward from a top portion of the device during operation to measure the sky temperature based on infrared radiation captured from outside the device and wherein the device is configured to send a tint command to select a tint value of electrochromic window based on sensor data from the first photosensors, the at least one second sensor, the infrared sensor, or a combination thereof. One of ordinary skill in the art would have understood that in order for the infrared sensor to measure sky temperature, the sensor would have to face outward from a top portion of the device during operation to measure the sky temperature based on infrared radiation captured from outside the device. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the sensor face outward from the device in order to measure sky temperature since that is where the sky would be providing for measurements that measure the sky and not internal the device. Without showing criticality one of ordinary skill in the art would have placed the infrared sensor has an axis of orientation that is substantially parallel with the central axis of the ring of first photosensors in order to measure the sky temperature without being blocked by other components (MPEP, 2144.04, VI, C). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the infrared sensor has an axis of orientation that is substantially parallel with the central axis of the ring of first photosensors in order to measure the sky temperature without being blocked by other components providing for more accurate measurements (MPEP, 2144.04, VI, C). 10533892 does not specifically teach wherein the device is configured to send a tint command to select a tint value of electrochromic window based on sensor data from the first photosensors, the at least one second sensor, the infrared sensor, or a combination thereof. Albahri teaches a device is configured to send a tint command to select a tint value of an optically switchable device based on sensor data from first photosensors (photosensors horizontally facing in a ring, see fig. 25 and 26), at least one second sensor (vertically facing photosensors, fig. 25 and 26), or a combination thereof (fig. 25 and 26, paragraph 104 and 108). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to use the first sensors and at least one second sensor of 10533892 to control a window tint similar to Albahri in order to ensure windows are darkened or lightened based on the position of the sun in the sky providing for more efficient window control.
Claims 2-16 and 18-20 are read upon by the dependent claims of 10533892 or obvious variants such as placement or structure of sensors. Also, as seen above the addition of Mehtani’s networks and data transfer would be an obvious addition to the data transfer claims 3, 4, 19 and 20.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Albahri (US 20090027759) teaches a device (fig. 1, 2, 25 and 26) comprising: a housing (supporting disks, see fig. 25 and 26, paragraph 108); a ring of first photosensors (light sensors on the side wall of a cylindrical element, horizontal sensors, see fig. 26 and 25) positioned in the housing (supporting disks, see fig. 25 and 26, paragraph 108) and having a central axis (see fig. 25 and 26), wherein each of the first photosensors (light sensors, horizontal) has an angle of view oriented radially outward from the ring (see fig. 25 and 26, the light sensors on the wall of the cylindrical portion of the housing face radially outwards from the ring), the angle of view of each of the first photosensors (light sensors, horizontal) overlapping the angle of view of each of the two respective immediately adjacent first photosensors (see fig. 25 and 26, paragraphs 104 and 108, the sensors are arranged such that as the sun moves across the sky through the right/left/front/rear regions/field of view the amount of light that hits the sensors changes, this is used to determine the direction of light from the sun, the angle of view/field of view of each of the adjacent sensors right/front/left/rear would be overlapping since as the sun traverses these views of two adjacent sensors which capture light at the same time in an overlapping view); at least one transparent element (glass enclosure) disposed around a periphery of the ring of first photosensors (light sensors, see fig. 25 and 26); at least one second sensor (the light sensors on the flat portion of the housing facing up, vertical light sensors) positioned in the housing and having an angle of view that at least partially encompasses a direction substantially parallel with the central axis of the ring of first photosensors (see fig. 25 and 26, the second sensors face in a direction parallel to the central axis, vertical sensors, therefore the angle of view at least partially encompasses a direction substantially parallel with the central axis); and a power interface for receiving power from at least one power supply (power supply) that is configured to power the first photosensors (see fig. 1, paragraph 96, claim 7, the power supply sends power to a controller/system that includes the light sensors, so the power supply interfaces with the controller/light sensors); wherein the device is configured to send a tint command to select a tint value of an optically switchable device (windows) based on sensor data from the first photosensors (horizontal sensors), the at least one second sensor (vertical sensors), or a combination thereof (paragraphs 104 and 108), but does not specifically teach an infrared sensor or the transparent element is a light diffusing element.
Schoenherr et al. (US 5606393) teaches a device (fig. 1-5) comprising a housing (1) having at least one light-diffusing element (7/4) around at least a periphery of first photosensors (3a/8a and 3b/8b) to diffuse light incident on the device prior to the light being sensed by the first photosensors (3a/8a and 3b/8b) during operation (see fig. 1-5, light passes through the diffuser 7/4 then onto the photosensors, the photosensors sense the diffuse light during operation).
Hu et al. (CN 102183237) teaches a device comprising a plurality of sensors and at least one of the plurality of sensors comprises an infrared sensor, the device is configured to measure sky temperature during operation (abstract).
Kunke et al. (US 3675023) teaches a housing includes a cover (16) having a portion over an infrared sensor (7) (col. 2, lines 42-45); and the portion is configured to enable the infrared sensor (7) to measure infrared radiation incident to the cover (16) (col. 3, lines 14-16).
Laue (US 4355896) teaches a ring of sensors (13, 14, 15, 16) and a sensor (12) at the central axis of the ring of sensors (13, 14, 15, 16) for determining sun and cloud cover (abstract, fig. 1).
Conclusion
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/JENNIFER D BENNETT/Examiner, Art Unit 2878