DETAILED ACTION
This Office Action is in response to the Applicant’s Communication filed on 07/23/2024. In virtue of the communication:
Claims 1-17 are pending in the instant application.
Claims 1, 3-15 and 17 are currently amended.
The references cited in the Information Disclosure Statement(s) (IDS(s)) filed on 07/23/2024 and 02/26/2025 have been considered by the examiner.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 4, 7, 9, 10 and 12-15 are objected to because of the following informalities:
In claim 4, line 2, --wherein-- should be inserted before “the instructions”.
In claim 4, line 2, --:-- should be inserted after “comprising”.
In claim 7, line 2, --wherein-- should be inserted before “the instructions”.
In claim 7, line 2, --:-- should be inserted after “comprising”.
In claim 9, line 2, --wherein-- should be inserted before “the instructions”.
In claim 9, line 2, --:-- should be inserted after “comprising”.
In claim 10, line 2, --wherein-- should be inserted before “the instructions”.
In claim 10, line 2, --:-- should be inserted after “comprising”.
In claim 10, line 3, “an” should be changed to --the-- before “image”.
In claim 12, line 1, --:-- should be inserted after “comprising”.
In claim 12, line 2, “an” should be changed to --the-- before “image”.
In claim 13, line 2, “an” should be changed to --the-- before “image”.
In claim 14, line 3, “The” should be changed to --the-- before “light management apparatus”.
In claim 15, line 2, --:-- should be inserted after “comprising”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
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.
Claim 7 is rejected under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the generic placeholder “the second acquisition unit” is being used. Although the specification teaches theory that some claimed undefined arrangement of physical components could possibly provide the outcome, there is/are no evidence that any taught apparatus has produced these results in a verifiable manner to support the idea that a particular configuration is defined by the output claimed as required for a 112(f) claim.
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.
Clarification is required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 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 7 recites the limitation “the second acquisition unit” in line 7. There is insufficient antecedent basis for this limitation in the claim. It is not clear because “a second acquisition unit” is not previously cited in the claim(s).
The limitation “the second acquisition unit” in claim 7 is also not clear because it is not defined with particular structure in the Specification.
Claim 16 recites the limitation “A lighting management method comprising, by a computer” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is not understood that “the method comprises a computer” or “the method is performed by a computer, comprising the steps of:”
Clarification is required.
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) 1-6 and 8-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YAMANAKA (WO 2013187047 A1).
Regarding claim 1, YAMANAKA discloses a lighting management apparatus (Figs. 1, 3, 12-37) comprising:
at least one memory (223, Fig. 27; pars [0232], [0234]) configured to store instructions; and
at least one processor (222, 224, 23, Fig. 27) configured to execute the instructions to perform operations comprising:
acquiring analysis information based on a result being estimated by using an analysis of an image (from device 21, Fig. 27) being acquired by photographing a target area (…the image processing unit 222 reads the image data of the previous frame from the image memory 223, par [0234]); and
generating a control signal (device 23 controls the lighting, par [0237]) for controlling one or a plurality of pieces of lighting equipment (24, Fig. 27) being associated with the target area, by using the analysis information and a usage purpose of the target area, wherein the analysis information includes a pose of a person (position or action of the person) present in the target area (pars [0236]-[0238]).
Regarding claim 2, YAMANAKA discloses the lighting management apparatus wherein the pose is indicated by using a skeleton model being acquired by modeling a skeleton of the person (… the position, and the person's behavior (stay, rest or movement) are transmitted from the communication unit 312 via the transmission line as the information (person detection information) to the control device 32, pars [0347]-[0348]).
Regarding claim 3, YAMANAKA discloses the lighting management apparatus wherein the pose includes whether to be a still pose being a same pose for a predetermined time or more (e.g., stay or rest, pars [0347]-[0348]).
Regarding claim 4, YAMANAKA discloses the lighting management apparatus the instructions to perform operations further comprising: estimating a usage scene being a situation of the person using the target area (human action, e.g., stay or rest or move, in comparing with threshold value, par [0347]), by using the analysis information, and generating the control signal by using the usage scene being estimated (control signal from control device 32, par [0350]), wherein the analysis information further includes at least one of a movement of a person present in the target area and a surrounding situation of the person (Figs 12-16).
Regarding claim 5, YAMANAKA discloses the lighting management apparatus wherein the control signal is generated by using at least one of a current usage scene (existing position) and an elapsed time (e.g., time while the person staying or rest) from start of the usage scene (par [0350]).
Regarding claim 6, YAMANAKA discloses the lighting management apparatus wherein the analysis information further includes at least one of a number of persons (number of people) present in the target area (detection area), orientation, and a position (existing position) (par [0348]).
Regarding claim 8, YAMANAKA discloses the lighting management apparatus wherein the analysis information further includes individual identification information (identifies the position of a person existing in the control region from image information captured, pars [0215]) for identifying a person in the target area, the person being estimated by using an analysis of an image being acquired by photographing the target area (from image information captured), and the signal generation unit further generates the control signal is further generated by using an individual control pattern being acquired by deciding a control pattern associated with the individual identification information (controlled by control unit, par [0215]).
Regarding claim 9, YAMANAKA discloses the lighting management apparatus wherein the instructions to perform operations further comprising a lighting control unit (23, Fig. 27) that outputs outputting the control signal to the one or plurality of pieces of lighting equipment (24, Fig. 27, par [0237]).
Regarding claim 10, YAMANAKA discloses the lighting management apparatus wherein the instructions to perform operations further comprising analyzing an image being acquired by photographing the target area for generating the analysis information (Figs. 12-16).
Regarding claim 11, YAMANAKA discloses a lighting management system comprising: the lighting management apparatus (Figs. 1, 3 and 12-37), one or a plurality of photographing apparatuses (21, Fig. 27) that generate image information including the image being acquired by photographing the target area; and the one or plurality of pieces of lighting equipment (24, Fig. 27) being associated with the target area (pars [0219], [0234]-[0238]).
Regarding claim 12, YAMANAKA discloses the lighting management system further comprising: an analysis apparatus (image processing unit 222) that analyzes the image being acquired by photographing the target area and generates the analysis information (Fig. 27, pars [0233]-[0234]), wherein the lighting management apparatus acquires the analysis information being generated by the analysis apparatus (Fig. 27).
Regarding claim 13, YAMANAKA discloses the lighting management system wherein the lighting management apparatus analyzes the image being acquired by photographing the target area for generating the analysis information (Fig. 27, pars [0233]-[0234]).
Regarding claim 14, YAMANAKA discloses the lighting management system wherein the lighting management apparatus outputs the control signal (from control device 23, Fig. 27) to each of the one or plurality of pieces of lighting equipment (24, Fig. 27, pars [0237]-[0238]).
Regarding claim 15, YAMANAKA discloses the lighting management system further comprising a control terminal (from output unit 224, Fig. 27) that acquires the control signal from the lighting management apparatus (22), and outputs the control signal being acquired to each of the one or plurality of pieces of lighting equipment (24, Fig. 27).
Regarding claim 16, YAMANAKA discloses a lighting management method, performed by a computer (The image processing unit 222 is composed of, for example, a microcomputer specialized for image processing, par [0233], Figs. 1, 3 and 12-37), comprising:
acquiring analysis information based on a result being estimated by using an analysis of an image (from device 21, Fig. 27) being acquired by photographing a target area (…the image processing unit 222 reads the image data of the previous frame from the image memory 223, par [0234]); and
generating a control signal (device 23 controls the lighting, par [0237]) for controlling one or a plurality of pieces of lighting equipment (24, Fig. 27) being associated with the target area, by using the analysis information and a usage purpose of the target area, wherein the analysis information includes a pose of a person (position or action of the person) present in a target area (pars [0236]-[0238]).
Regarding claim 17, YAMANAKA discloses a non-transitory computer readable storage medium storing a program for causing a computer (microcomputer with built-in program, par [0233]) (Figs. 1, 3 and 12-37) to execute:
acquiring analysis information (from device 21, Fig. 27) based on a result being estimated by using an analysis of an image being acquired by photographing a target area (…the image processing unit 222 reads the image data of the previous frame from the image memory 223, par [0234]); and
generating a control signal (device 23 controls the lighting, par [0237]) for controlling one or a plurality of pieces of lighting equipment (24, Fig. 27) being associated with the target area, by using the analysis information and a usage purpose of the target area, wherein the analysis information includes a pose of a person (position or action of the person) present in the target area (pars [0236]-[0238]).
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(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAMANAKA, as applied above, in view of NODA (CN 102340913 B).
Regarding claim 7, YAMANAKA discloses all of the limitations as claimed except predicting an action of a person present in the target area, based on a result of statistic processing for the analysis information, wherein the control signal is further generated by using a result being predicted by the second acquisition unit
However, as evidenced by NODA, providing that predicting an action of a person present in the target area (obtain information of the indoor person is walking toward the prediction based on information of the faces to the moving direction, pars [0102]-[0105], Figs. 11-13), based on a result of statistic processing for the analysis information (result from image information), wherein the control signal is further generated by using a result being predicted by the second acquisition unit (performing the lighting control by the control system, pars [0102]-[0105]) is well known in the art.
Therefore, it would have been obvious to one having skill in the art before the filing date of the invention to employ the system of YAMANAKA with the predicting concepts as taught by NODA in order to control the light emitting of the lighting device based on the action content information of the person.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T VU whose telephone number is (571)272-1832. The examiner can normally be reached on 9:00 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander H. Taningco can be reached on 571-272-8048. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2800.
/JIMMY T VU/Primary Examiner, Art Unit 2844