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 .
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.
Claims 61 – 71, 73 – 78 and 80 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campanella et al. (US Pub. No. 2022/0159811 A1).
As to claim 61, Campanella shows a method for controlling one or more optically switchable windows (112, 202a, 202b, 202c, 304, etc., Figs. 1, 2A, 2B and 3 and paras. 27, 58, and 64) the method comprising: controlling, with at least one control system 100 (Fig. 1 and para. 21), responsive to a first user input (via sensor 180 and/or user device 185, Fig. 1 and paras. 24, 42 and 44): (a) a diurnal schedule (i.e. time of day) for changing the transmissivity of at least one of the optically switchable windows, based on time of day (Fig. 1 and para. 27), and (b) execution of a corresponding change in the transmissivity at a first time of day, the first time of day corresponding to a user-selected first wake-up time (i.e. predefined operation schedule, Fig. 1 and paras. 27, 42, 53 and 60 – 63).
As to claim 67, Campanella shows a control system 100 (Fig. 1 and para. 21) comprising: at least one interface (i.e. sensor 180 and/or user device 185, Fig. 1 and paras. 24, 42 and 44) communicatively coupled with one or more optically switchable windows (112, 202a, 202b, 202c, 304, etc., Figs. 1, 2A, 2B and 3 and paras. 27, 58, and 64); a remote device interface configured to receive communications from a remote device (i.e. a tablet, for example, Fig. 1 and para. 44), wherein the communications include a first user input (via sensor 180 and/or user device 185, Fig. 1 and paras. 24, 42 and 44); and logic for controlling, responsive to the first user input: (a) a diurnal schedule (i.e. time of day) for changing the transmissivity of at least one of the optically switchable windows, based on time of day (Fig. 1 and para. 27), and (b) execution of a corresponding change in the transmissivity at a first time of day, the first time of day corresponding to a user-selected first wake-up time (i.e. predefined operation schedule, Fig. 1 and paras. 27, 42, 53 and 60 – 63).
As to claim 74, Campanella shows a non-transitory computer readable medium containing instructions for causing at least one control system to perform a method (para. 47), the method comprising: : controlling, with at least one control system 100 (Fig. 1 and para. 21), responsive to a first user input (via sensor 180 and/or user device 185, Fig. 1 and paras. 24, 42 and 44): (a) a diurnal schedule (i.e. time of day) for changing the transmissivity of at least one of the optically switchable windows, based on time of day (Fig. 1 and para. 27), and (b) execution of a corresponding change in the transmissivity at a first time of day, the first time of day corresponding to a user-selected first wake-up time (i.e. predefined operation schedule, Fig. 1 and paras. 27, 42, 53 and 60 – 63).
As to claims 62, 68 and 75, Campanella shows that the corresponding change in transmissivity includes changing a tint state of an electrochromic window from dark to clear (i.e. changing intensity of light, para. 27).
As to claims 63 and 69, Campanella shows that the user input is made by way of a graphical user interface of a remote device communicatively coupled with the at least one control system (i.e. a tablet, for example, Fig. 1 and para. 44).
As to claims 64, 70 and 76, Campanella shows that the first time of day is proximate to and no later than the user-selected wake-up time (i.e. predefined operation schedule, Fig. 1 and paras. 27, 42, 53 and 60 – 63).
As to claims 65 and 77, Campanella shows that the user input includes a selection of one or more areas within a dwelling (para. 16) having associated windows (112, 202a, 202b, 202c, 304, etc., Figs. 1, 2A, 2B and 3 and paras. 27, 58, and 64), and the execution of the corresponding change in the transmissivity is performed only with respect to the associated windows (Figs. 1, 2A, 2B and 3 and paras. 27, 58, and 64).
As to claims 66, 71 and 78, Campanella shows controlling, with the at least one control system, responsive to a second user input: (c) a weekly schedule for changing the transmissivity of at least one of optically switchable windows, based on time of day and day of week (para. 63), and (d) execution of corresponding changes in the transmissivity in accordance with the weekly schedule, the weekly schedule including at least one day having a user-selected second wake-up time different from the first wake-up time (Figs. 1, 2A, 2B and 3 and paras. 27, 58, 63 and 64).
As to claims 73 and 80, Campanella shows that the control system is configured to normally comply with a baseline control program, and further configured to override the baseline control program to an extent necessary to comply with the diurnal schedule (para. 150).
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.
Claims 72 and 79 are rejected under 35 U.S.C. 103 as being unpatentable over Campanella in view of Abreu et al. (US Pub. No. 2020/0100682 A1)
As to claims 72 and 79, Campanella does not show that a window exhibits a characteristic transition time to transition between tint states and the execution of the corresponding change in the transmissivity begins before the first wake-up time by an amount of time substantially equal to the characteristic transition time.
Abreu shows that a window exhibits a characteristic transition time to transition between tint states (i.e. gradual awakening, paras. 59 and 60) and the execution of a corresponding change in the transmissivity begins before the first wake-up time by an amount of time substantially equal to the characteristic transition time (i.e. gradual awakening, paras. 59, 60 and 63).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the teachings of Campanella with those of Abreu because designing the system in this way allows the device to avoid negative psychological effects (para. 59).
CONCLUSION
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/CARL ADAMS/Examiner, Art Unit 2627
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