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 .
Claims 1-20 are pending.
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 1-28 of U.S. Patent No. 12,124,147. Although the claims at issue are not identical, they are not patentably distinct from each other as set forth below.
Pending Application
U.S. Patent No. 12,124,147
1. A method for controlling at least one tintable window, the method comprising:
1. A method for controlling at least one tintable window, the method comprising:
receiving sensor readings from one or more sensors associated with a facility;
receiving sensor readings from one or more sensors associated with a facility;
determining a forecast of a weather condition at a geographic location corresponding to the at least one tintable window at a future time;
providing the sensor readings to at least one machine learning model configured to determine a forecast of an environmental condition of the facility at a future time, wherein the environmental condition comprises a weather condition at a geographic location corresponding to the at least one tintable window, and wherein the future time is based at least in part on a duration of time for the at least one tintable window to transition to a determined tint state from a present time;
determining a tint state of the at least one tintable window of the facility based at least in part on the forecast of the weather condition; and
determining the tint state of the at least one tintable window of the facility based at least in part on the forecast of the environmental condition; and
providing instructions to transition the at least one tintable window to the tint state determined.
providing instructions to transition the at least one tintable window to the tint state determined.
As illustrated above, the claim(s) 1 of U.S. Patent No. 12,124,147 include all of the limitations of the claim(s) 1 of the instant application. The claim(s) 2-28 of U.S. Patent No. 12,124,147 also include all of the limitations of the claim(s) 2-20 of the instant application. The patent claims also include other additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is anticipated by the species of the patented invention).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 5-6, 8-12, 15-16, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalt (US 20020144831 A1) in view of Berman et al. (hereinafter “Berman”) (US 20130057937 A1).
As to claims 1 and 11, Kalt teaches a system and method for controlling at least one tintable window, comprising:
one or more processors configured to:
receiving sensor readings from one or more sensors associated with a facility ([0026-0027, 0063-0067] This control system would have a plurality of environmental conditions sensors… These input systems provide the system with real-time indications of various environmental factors, and comprise a plurality of sensors, including, a wind sensor 314, an outside humidity sensor 316, an outside temperature sensor 318, an inside humidity sensor 320, an inside temperature sensor 322… These sensors provide personal computer 312 with the means to assess the present situation, and respond thereto to operate the system in the most efficient manner within predefined acceptable inside environmental values for temperature, humidity, direct sunlight, and so forth);
determining a forecast of a weather condition at a geographic location corresponding to the at least one tintable window at a future time [0027, 0063-0067, 0079-0080] The system predicts future outside environmental conditions and determines whether current conditions within a building are helpful for accommodating future changes in the outside environment of the building.…These sensors provide personal computer 312 with the means to assess the present situation, and respond thereto to operate the system in the most efficient manner within predefined acceptable inside environmental values for temperature, humidity, direct sunlight, and so forth…the system uses information in part by modem 366 together with data present in databases 336-332 to drive a weather protection algorithm 340 to predict future environmental conditions outside the building…);
determining a control state of the at least one tintable window of the facility based at least in part on the forecast of the weather condition ([0021-0023, 0027, 0044, 0060-0062, 0073-0074, 0088] the rollout electrodes would be put in their actuated state, optically blocking the transparent surface of the window with a reflective member or more precisely a matrix of reflective members, whose function is to exclude introduction of sunlight into the system, which would otherwise tend to increase the temperature of the space inside the structure…a window for gating light for the purpose of controlling temperature within a building…The system predicts future outside environmental conditions and determines whether current conditions within a building are helpful for accommodating future changes in the outside environment of the building. In the event that such conditions are deemed helpful, the system assesses system capacities and decides upon a system actuation time and actuates appropriate mechanical systems in response…At the same time, personal computer 312 controls the operation of light gating drivers 368, which has rollouts in windows such as those windows 250 illustrated in FIG. 7, by applying voltage between the rollout and the electrical substrate to cause the rollout to unfurl and block the entry of light into the system…On the other hand, during the night, depending upon the temperature, the rollouts will be actuated, resulting in the windows allowing the passage of light, thus allowing radiant energy to escape from the building through the windows into the darkness of space which reduces the need for cooling…Use of thin film metallized polymer for the rollouts can permit the rows or columns of rollouts to have the appearance of thin lines when closely viewed and may, with suitable geometry, be substantially invisible from a distance when retracted, or present minor tinting of the window, like traditional mesh window screens..); and
providing instructions to transition the at least one window to the control state determined ([0021-0023, 0027, 0044, 0060-0062, 0073-0074, 0079-0088] At the same time, personal computer 312 controls the operation of light gating drivers 368, which has rollouts in windows such as those windows 250 illustrated in FIG. 7, by applying voltage between the rollout and the electrical substrate to cause the rollout to unfurl and block the entry of light into the system).
Kalt teaches generate a model of environmental control characteristics of the building to predict the combined result of environmental factors and operation of the various environmental control systems in the building includes the control state of windows [0027, 0060-0074]. Kalt further teaches a controller in communication with the one or more processors and with the at least one tintable window, wherein the controller is configured to apply commands to transition the at least one tintable window to the tint state determined ([0023-0026, 0073] the rollout electrodes would be put in their actuated state… a plurality of drivers for driving the rollouts on the windows… personal computer 312 controls the operation of light gating drivers 368, which has rollouts in windows such as those windows 250 illustrated in FIG. 7, by applying voltage between the rollout and the electrical substrate to cause the rollout to unfurl and block the entry of light into the system..). Kalt does not explicitly teach a tint state of the at least one tintable window.
However, Berman teaches a system and method for facilitating control of glass having one or more variable optical and/or thermal characteristics using information include 3-D models of a building and surrounding structures, shadow information, reflectance information, lighting and radiation information, information regarding one or more variable characteristics of glass, clear sky algorithms, log information related to manual overrides, occupant preference information, motion information, real-time sky conditions, solar radiation on a building, a total foot-candle load on a structure, brightness overrides, actual and/or calculated BTU load, time-of-year information, and microclimate analysis. Berman teaches a multi sensor device of a facility comprising sensors disposed in a housing, which multi sensor device comprises sensors configured to an environment and output sensor measurements ([Fig.1] [0059] ADI 105 is configured to provide different environment sensor measurements to controller unit CCS for data processing). Especially, Berman teaches determining and operating a tint state of the at least one tintable window of the facility based at determined information ([0039, 0047-0050, 0053, 0117, 0140] ASC 100 or components thereof may utilize adjustment of one or more variable characteristics of a glass in connection with artificial lighting control, thermal management, and/or the like. For example. ASC 100 or components thereof may be configured to model and/or anticipate solar load on a window 210 as discussed herein. Because there is often a significant time delay between the initiation of an adjustment to a variable characteristic of a glass and the completion of the adjustment to a variable characteristic of a glass (for example, the process of reducing the visible light transmission of electrochromic glass by changing an applied voltage can take many minutes), ASC 100 or components thereof may initiate an adjustment to a variable characteristic of a glass in advance of such adjustment being desirable due to a change in the environment of a window 210. In this manner, ASC 100 or components thereof can avoid or minimize undesirable situations, for example wherein a building occupant experiences excessive brightness or veiling glare, due to the often extended period of time associated with an adjustment of a variable characteristic of a glass. Because ASC 100 or components thereof may be configured to proactively model and/or anticipate desirability of a change to a variable characteristic of a glass, ASC 100 may achieve improved occupant comfort, thermal regulation, brightness regulation, reduced cooling expenses, and the like).
Kalt and Berman are analogous art because they are from the same field of endeavor of adjusting control state of a glass based on predicted combined result of environmental factors. At the time before the effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to determining and adjusting a tint state of the at least one tintable window based on the predicted combined result of environmental information to provide a comfort environment to the user. Therefore, it would have been obvious to an ordinary person skilled in the art before the effective filing date of the invention to incorporate the teachings of Berman with the teachings of Kalt for the purpose of determining and adjusting an appropriate tint state of the at least one tintable window as specified in the claim 1.
As to claims 2 and 12, Kalt teaches determining the forecast of the weather condition comprises providing the sensor readings to at least one machine learning model [0060-0075].
As to claims 5 and 15, Kalt teaches providing the sensor readings to the at least one machine learning model comprises selecting an input feature set relevant to the facility at the future time [0060-0075].
As to claims 6 and 16, Kalt teaches the input feature set is used to initialize the machine learning model [0060-0075].
As to claims 8 and 18, Berman teaches the at least one tintable window comprises two or more tintable windows associated with a zone of the facility [0037].
As to claims 9 and 19, Kalt teaches the one or more sensors comprise one or more photosensors and/or one or more infrared sensors [0089]. Berman teaches the one or more sensors comprise one or more photosensors and/or one or more infrared sensors [0009, 0054].
As to claims 10 and 20, Kalt teaches the one or more sensors reside on a multi-sensor device [0063]. Berman teaches the one or more sensors reside on a multi-sensor device [0009, 0054].
Claim(s) 3-4, 7, 13-14, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalt in view of Berman, and further in view of Breed (US 20050046584 A1).
As to claims 3 and 13, Kalt teaches the forecast of the environmental condition is based at least in part on a combination of outputs of the at least one of machine learning model [0060-0075]. Kalt does not explicitly teach a plurality of neural networks.
However, Breed teaches system and method for asset control, especially, Breed teaches a plurality of neural networks to process data for controlling asset such as window glass [0275, 1543, 3279-3286, 3291-3332].
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the invention to incorporate the teachings of Breed with the teachings of Kalt and Berman for the purpose of using a plurality of neural networks to process data for generate a model of environmental control characteristics of the asset to predict the combined result of environmental factors and operation of the various environmental control systems in the asset.
As to claims 4 and 14. Kalt teaches the forecast of the environmental condition corresponds to a majority output of the model prediction [0060-0075]. Breed teaches a plurality of neural networks to process data for controlling asset such as window glass [0275, 1543, 3279-3286, 3291-3332].
As to claims 7 and 17, Breed teaches the at least one machine learning model comprises a long short-term memory (LSTM) network and/or a dense neural network (DNN) [2082-2083].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIPENG WANG whose telephone number is (571)272-5437. The examiner can normally be reached Monday-Friday 10-7.
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/ZHIPENG WANG/Primary Examiner, Art Unit 2115
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