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 1-9 are pending.
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.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
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: an obtainer that obtains biological information…and environmental information… in claim 1, an estimator that estimates… a position of the person in the target space and a condition level… in claim 1, a generator that generates … a control signal that controls… in claim 1, an outputter that outputs the control signal… in claim 1, the estimator stores… the position and the condition level… in claim 2, the estimator estimates the condition level… in claim 3, the generator generates a control signal… in claim 4, the outputter outputs the control signal… in claim 5, the estimator estimates the condition level….. derives a standard index… stores the standard index in claim 6.
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.
Claim Rejections - 35 USC § 112
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 3-5 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 pre-AIA the applicant regards as the invention.
Claim 3 recites “the estimator estimates the condition level based on the biological information, the environmental information, and the history information”. However, claim 2 requires the claimed estimator stores “the condition level of the person estimated in a storage” “as history information”. It is unclear how to estimate a data based on the data itself. Appropriate correction is required.
Claims 4 recites “the generator generates a control signal”, however, claim 1 already recites “a control signal” to be generated and outputted. It is unclear whether those two “a control signal” referring to the same matter or not. Appropriate correction is required.
Claims 4 recites “a difference between the condition level estimated by the estimator and a previous condition level estimated one”. It is unclear the meaning of “previous condition level estimated one”, it should be a comparison between a currently estimated data with a previously estimated data. Appropriate correction is required.
Claims 5 recites “the outputter outputs the control signal generated”, however, claim 1 already recites ““a control signal”” and “the control signal”, claim 4 also recites “a control signal”. It is unclear “the control signal” from claim 5 referring to which “control signal”. Appropriate correction is required.
Claims 1-7 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 pre-AIA the applicant regards as the invention.
Claim limitation “an obtainer that obtains biological information…and environmental information…” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the data obtaining. The use of the term “obtains” is not adequate structure for performing the data obtaining because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “an estimator that estimates… a position of the person in the target space and a condition level…” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the information estimation. The use of the term “estimates” is not adequate structure for performing the information estimation because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a generator that generates … a control signal that controls…” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the signal generation. The use of the term “generates” is not adequate structure for performing the signal generation because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “an outputter that outputs the control signal…” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the data outputting. The use of the term “outputs” is not adequate structure for performing the data outputting because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “the estimator stores… the position and the condition level…” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the data storing. The use of the term “stores” is not adequate structure for performing the data storing because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “the estimator estimates the condition level…” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the data estimation. The use of the term “estimates” is not adequate structure for performing the data estimation because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “the generator generates a control signal… in claim 4, the outputter outputs the control signal…” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the data generation. The use of the term “generates” is not adequate structure for performing the data generation because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “the estimator estimates the condition level….. derives a standard index… stores the standard index” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the data estimation, data deriving, and data storing. The use of the terms “estimates”, “derives”, “stores”, are not adequate structure for performing the data estimation, data deriving, and data storing, because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structures to perform the claimed functions regarding to obtain information, estimate a position and a condition level, generate a control signal, output the control signal. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed function regarding to store the position and the condition level. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Claim 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed function regarding to estimate the condition level. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed function regarding to generate a control signal. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed function regarding to output the control signal. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Claim 6 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed function regarding to estimate the condition level, derive a standard index, store the standard index. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
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, 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SHIKII et al. (hereinafter “SHIKII”) (US 20160363340 A1).
As to claims 1, 8-9, SHIKII teaches a system and method for controlling an environment of a target space, comprising:
an obtainer that obtains biological information of a person present in the target space and environmental information of the target space ([Figs. 1, 3-4][0073, 0075-0078, 0083-0084] The thermal image acquisition unit 11 is a thermographic instrument affixed to the front face of the air conditioner 10, for example, and acquires a thermal image indicating a temperature distribution inside the air-conditioned space 60… the thermal image acquisition unit 11 acquires a thermal image indicating a temperature distribution of the air-conditioned space 60 including the person 50… On the person 50 illustrated in FIG. 4A, the surface temperature of the portions corresponding to the upper garment 50a and the pants 50b is closer to the ambient temperature than the surface temperature of other sites where the skin of the person 50 is exposed (face, neck, hands, feet)… The temperature sensor 12 is a thermistor or thermocouple… measures the ambient temperature);
an estimator that estimates, based on the biological information and the environmental information obtained by the obtainer, a position of the person in the target space and a condition level indicating a level of comfort felt by the person in regard to the environment ([Fig. 10 shows a human position estimation unit 133 and a thermal sensation estimation unit 138] [0050, 0079, 0081, 0096-0100, 0104-0106, 0111, 0115] the air conditioner additionally may be provided with a human position estimator that estimates a position of the person relative to the air conditioner based on the thermal image acquired by the thermal image acquirer and a position of the thermal image acquirer inside the air-conditioned space… The thermal sensation estimation unit 138 estimates the thermal sensation of the person 50 on the basis of a thermal image obtained from the thermal image acquisition unit 11 and parameters set in the air conditioner 10… since the air conditioner 10 is able to estimate a person's thermal sensation more accurately, the air conditioner 10 is able to conduct air conditioning control of the air-conditioned space on the basis of the accurately estimated thermal sensation of the person to make the environmental temperature more comfortable for that person… a person's thermal sensation may be estimated from a value such as a predicted mean vote (PMV) based on the amount of clothing computed in this way …The human position estimation unit 133 estimates the position of the person 50 relative to the air conditioner 10, on the basis of a thermal image acquired by the thermal image acquisition unit 11 and the position of the thermal image acquisition unit 11 inside the air-conditioned space 60);
a generator that generates, based on the position and the condition level of the person estimated by the estimator, a control signal that controls an operation of a device provided in the target space; and an outputter that outputs the control signal generated by the generator to the device ([0079, 0105-0108, 0111] The control unit 14 controls parts such as the louver, the compressor, and the fan on the basis of a result from the computational unit 13, or in other words, an estimated thermal sensation of the person 50 in the air-conditioned space 60, and thereby conducts air conditioning control of the air-conditioned space 60 so that the environmental temperature becomes comfortable for the person 50. For example, if the control unit 14 determines, from the estimated thermal sensation of the person 50, that the person 50 feels hot, the control unit 14 causes the compressor and the fan to operate to control the wind temperature and wind speed, and thereby cause cool air to be produced. Note that the control unit 14 may additionally use the thermal image acquired by the thermal image acquisition unit 11 to recognize the position of the person 50, and cause the louver to face in the direction of the recognized person 5… a person's thermal sensation may be estimated from a value such as a predicted mean vote (PMV) based on the amount of clothing computed in this way).
As to claim 7, SHIKII teaches a sensor that obtains the biological information and the environmental information includes, out of an infrared sensor, a temperature sensor, a humidity sensor, a gas sensor, a floating matter sensor, an illuminance sensor, and a color temperature sensor, at least the infrared sensor [0074].
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) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIKII in view of FAN (US 20240369251 A1).
As to claim 2, SHIKII teaches the estimator determines the position and the condition level of the person to conduct air conditioning control of the air-conditioned space so that the environmental temperature becomes comfortable for the person [0079, 0105-0108, 0111]. SHIKII does not explicitly teach stores the position and the condition level of the person estimated as history information.
However, FAN teaches a system and method for controlling an air-conditioning device that improve the air quality and the comfort level for a user. Especially, FAN teaches detects and stores the position and the condition level of the person estimated as history information ([Figs. 22, 27 showing tables that stored in the storage device and contains the positions and the activity amounts of the multiple people determined and individual's comfort level for each user] [0009, 0109, 0143-0144, 0164-0165] calculate the IPMV of a person present in the room by using thermal environment distribution information calculated by the fluid analyzing unit 13 and information of the position and the activity amount of the person detected by the detection unit 7. The comfort level calculation unit 14 is configured to store the calculated IPMV in the storage device 21. The position and the activity amount of the person detected by the detection unit 7 is determined by the person determination unit 12 and stored in the storage device 21).
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 FAN with the teachings of SHIKII for the purpose of performing individual air conditioning control for different user in the target area based on previously recorded position information and individual's comfort level for each user without a further detection required.
As to claim 3, FAN teaches the estimator estimates the condition level based on the biological information, the environmental information, and the history information [0009, 0109, 0143-0144, 0164-0165].
As to claim 4, FAN teaches when an absolute value of a difference between the condition level estimated by the estimator and a previous condition level estimated one before the condition level is greater than a threshold, the generator generates a control signal that controls an operation of the device to make the absolute value of the difference smaller than the threshold [0094-0102, 0105-0108, 0116-0125].
As to claim 5, FAN teaches when the absolute value of the difference is greater than the threshold, the outputter outputs the control signal generated by the generator to the device [0094-0102, 0105-0108, 0116-0125].
As to claim 6, FAN teaches the estimator: estimates the condition level of each of people including the person; and derives a standard index of the condition level based on the condition level of each of the people estimated, and stores the standard index derived in the storage [0009, 0079, 0088, 0092-0095, 0109, 0116-0121, 0143-0144, 0164-0165].
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at 5712722279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHIPENG WANG/Primary Examiner, Art Unit 2115
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